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HomeMy WebLinkAbout05-23-11 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MONDAY, MAY 23, 2011 7 : 00 P.M. 1. INVOCATION 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 11-38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE JOHN ADAMS HIGH SCHOOL' S THE RUCKUS FOR WINNING THEIR 2" NATIONAL HIGH SCHOOL MOCK TRIAL CHAMPIONSHIP 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 13-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 14-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST- WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT. ) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT. ) 19-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: LINCOLNWAY WEST FROM MAYFLOWER ROAD EAST APPROXIMATELY 1, 400 FEET 20-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN ST. , FROM DAYTON ST. SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET 23-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $177, 000 WITHIN PARKS & RECREATION FUND #201 FOR GRAFFITI REMOVAL ACTIVITIES 24-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $215, 000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND 416) FOR THE RENOVATION AND RESTORATION OF WINDOWS, DOORS, RESTROOMS, EXTERIOR NORTH WALL, AND ARCHITECT & ENGINEERING FEES 25-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3, 100 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET ENVELOPES 26-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A MORRIS PERFORMING ARTS CENTER/PALAIS ROYALE BALLROOM BOX OFFICE AGENCY FUND (#725) 8 . BILLS, THIRD READING TIME: BILL NO. 13-11 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 14-11 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS : THE FIRST EAST- WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT. ) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT. ) 19-11 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: LINCOLNWAY WEST FROM MAYFLOWER ROAD EAST APPROXIMATELY 1, 400 FEET 20-11 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN ST. , FROM DAYTON ST. SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET 23-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $177, 000 WITHIN PARKS & RECREATION FUND #201 FOR GRAFFITI REMOVAL ACTIVITIES 24-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $215, 000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND 416) FOR THE RENOVATION AND RESTORATION OF WINDOWS, DOORS, RESTROOMS, EXTERIOR NORTH WALL, AND ARCHITECT & ENGINEERING FEES 25-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3, 100 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER , 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET ENVELOPES 26-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A MORRIS PERFORMING ARTS CENTER/PALAIS ROYALE BALLROOM BOX OFFICE AGENCY FUND (#725) 9. RESOLUTIONS BILL NO. 11-28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 700 WEST IRELAND ROAD, SOUTH BEND, IN 46614 11-30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1019 TALBOT AVENUE AND 1023 TALBOT AVENUE, SOUTH BEND, IN 46617 11-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 413 ST. LOUIS STREET, 417 ST. LOUIS STREET, 425 ST. LOUIS STREET, 418 HILL STREET, 428 HILL STREET AND 420 HILL STREET, ALL IN SOUTH BEND, INDIANA 11-37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 327 ST. LOUIS STREET, 333 ST. LOUIS STREET, 325 ST. LOUIS STREET, AND 336 HILL STREET, ALL IN SOUTH BEND, INDIANA 11-39 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED 11-40 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED 11-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21-2011 REGARDING BLOCK PARTY APPLICATIONS 11-41 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 11-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10 . BILLS, FIRST READING BILL NO. 29-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST. , AND 2018 S. MICHIGAN ST. , COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA 30-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAPLE ROAD RUNNING NORTH AND SOUTH FROM PRAIRIE AVENUE TO THE ST. JOSEPH VALLEY PARKWAY 31-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BLOCK PARTY APPLICATIONS FEE 32-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 10, OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS 33-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1, 708, 707 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 3 FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, MARCH 8, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 11 . UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION A. BILL NO. 01-11 - AMEND CHAPTER 21- NON CONFORMING USES 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR qARCE-APLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 VV JEFFEFLSON BLVD. ROOM 1 (40 COUNTY-CITY BLDG, SOUTH SEND.INDIANA 46601 (574) 235-9571 April 20,2011 The Honorable Council of the City of South Bend APR 2 0 2011 4th Floor, County-City Building South Bend, IN 46601 �. Cj 7Y fi= RE: A proposed ordinance of St. Joseph Regional Medical Center m-whe.from Q Office District&MU Mixed Use District to SF2 Single Family and Two Family District,property bounded by Notre Dame Avenue on the east, Cedar Street on the north, St. Louis Boulevard on the west,and LaSalle Avenue on the south, City of South Bend.-APC# 2586-11 Dear Council Members: I hereby Certify that the above referenced ordinance of St. Joseph Regional Medical Center was legally advertised on Thursday,April 7, 2011 and that the Area Plan Commission at its public hearing on Tuesday, April 19, 2011 took the following action: Upon'a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of St. Joseph Regional Medical Center to zone from O Office District&MU Mixed Use District to SF2 Single Family and Two Family District, property bounded by Notre Dame Avenue on the east,Cedar Street on the north, St. Louis Boulevard on the west, and LaSalle Avenue on the south,City of South Bend is sent to the Common Council with a favorable recommendation. The reuse of a recently abandoned regional medical facility for a parochial high school is compatible with the adjacent mixed uses and will be a positive investment in the neighborhood. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, GU. hn�W. Byorni ' JWB:jsc Attachment CC: St. Joseph Regional Medical Center Danch,Harper&Associates SERVING:ST JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stjosephcountyindiana.com/Areaplan Staff Re Lort APC# 2586-11 Owner: St.Joseph Regional Medical Center Location: 400 Block of North Notre Dame Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from O Office District & MU Mixed Use District to S172 Single Family and Two Family District to allow a parochial high school. Land Uses and Zoning: On site: On site is vacant. The buildings of the former St. Joseph Regional Medical Center were recently demolished. North: To the north are medical office buildings zoned O Office District. Fast: To the east are vacant properties and the Woman's Care Center all zoned MU Mixed Use District. South: To the south is a Family Dollar zoned MU Mixed Use District. To the south across LaSalle Street'is a property management office and a vacant gift shop both zoned MU Mixed Use District. West: To the west are parking lots used by the former hospital, and a few single family homes zoned MU Mixed Use District District uses and development standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities(e.g., public water, public sanitary sewer, storm sewer,natural gas, electricity,telephone, etc.)is required for development within this district. Site plan description: No site plan is required for a rezoning to-a residential district. Zoning and land use history& trends: According to the 1966 aerial maps, the hospital and parking areas were primarily located within the northeast corner of the property while many single-family residential uses were apparent within the southern half of the property. St. Peter Street and Madison Avenue traversed the site at this time. In 1983, the St. Joseph Regional Medical Center rezoned the property to the B Residential and G Height& Area District to all allow for the expansion of the original hospital. This expansion was completed by 1986 and included the razing of several of the original hospital structures and an expansion of the campus to the west and south. Several of the residential uses to the south were also razed and converted to parking areas for the hospital. Between 1986 and 1993,the campus completed its final expansion before its relocation. Traffic and transportation considerations: All the adjacent rights-of-way are two lane local streets. Per the 2035 MACOG Transportation Plan,there are no plans for any expansion(added travel lanes)to these streets. The nearest traffic counts were taken at St. Louis Boulevard north of Madison Avenue and at LaSalle Avenue east of St. Louis Boulevard and revealed counts of 2,537 AADT (1994) and 11,781 AADT (2010), respectively. Utilities: The site will continue to be serviced by City of South Bend sanitary sewer and water. #2586-11 Pagel of 3 Additional information: (Agency comments) The Department of Community and Economic Development supports this rezoning petition. The County Surveyor had no comment,and the City Engineer had no objection. The Building Department informed the petitioner that several developmental variances and a special exception to allow for off-site parking will be required. These petitions are anticipated to be submitted to the Area Board of Zoning Appeal for consideration at their May 4th meeting. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: QE Plan South Send Indiana. November 2006 Objective E 5:Coordinate the planning and development of educational facilities. Policy E 5.1:Establish and maintain a consistent planning,review,and development process with institutions of higher education,private schools,and the SBCSC to address existing and future school facilities. Policy E53:Partner with institutions of higher education,private schools,and the SBCSC to ensure wide public involvement in the development and expansion of educational facilities. This rezoning petition meets this educational objective and associated policies. Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. This rezoning petition meets this economic development objective and policy. Land Use Plan: The future land use plan within City Plan identifies this site as mixed use. Plan Implementation/Other Plans: Northeast Neighborhood Devel�ment Area Plan.November 2003. Section V. Sub-Area Strategies and Goals,D. St.Joseph Regional Medical Center Redevelopment Site. Redevelopment of this site was in response to the 2002 announcement that the hospital would be relocating. Although a specific use is not recommended within this plan, it states that any use should comply with the goals and objectives of the plan. The proposed use meets the plan's objective of stimulating private sector investment within the neighborhood, including new construction, rehabilitation, and the reuse of vacant or underutilized land,buildings,and facilities. 2. Current conditions and character: The site is currently vacant. #2586-11 Page 2 of 3 I Most desirable use: The most desirable use of the property, as identified within City Flan, is mixed use that is compatible within the context of the neighborhood. 4. Conservation of property values: The surrounding property- values should not be affected by the approval of rezoning since the proposed use is not a higher intensity use than its prior use as a regional medical facility. Furthermore, the redevelopment of this prior brownfield site is a positive investment within the neighborhood and may act as a further catalyst for additional investment. 5. Responsible development and growth: It is responsible growth and development to allow for the redevelopment of an underutilized and vacant property for a private parochial high school. The proposed use is not incompatible with the mixed uses located within the area. Recommendation: Based on information available prior to the public hearing, the staff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: The reuse of a recently abandoned regional medical facility for a parochial high school is compatible with the adjacent mixed uses and will be a positive investment in the neighborhood. #2586-11 Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED 0 OFFICE DISTRICT AND MU MIXED. USE DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT TO ALLOW FOR A PAROCHIAL HIGH SCHOOL. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 1, AND THE NORTHEAST QUARTER OF SECTION 12, ALL IN TOWNSHIP 37 NORTH, RANGE 2 EAST.', PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT # 3 OF THE PLAT OF "ST. JOSEPH REGIONAL MEDICAL CENTER CEDAR STREET MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1018519 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 14.47 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL 2 ATTEST: CITY CLERIC PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF , 2 , AT O'CLOCK M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF 2 , AT O'CLOCK M. MAYOR, CITY OF SOUTH BEND, INDIANA Filed in Clerk's Office MAR 23 Z01 1 sY REA DfAtiG 3_ � JOHN VOORDE CtTy CLERIc,SOUTH BEND,W Pool c 1'i2ARtNG i S rd 'VF/-;X G _ll"T APPROVED REFtRRE•D PAS5Eb MIA Danch, Hamer & Associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors r Professional Engineers RON HARMER, P.S. Landscape Architects in Land Planners April 1,2011 Honorable Members of the City of � ` South Bend Common Council 4tn Floor County-City Building South Bend,Indiana 46601 RE: Vacation Petition for the vacation of alleys described as: The first east-west alley south of Cedar street Between Hill Street and St. Louis Blvd. (Approx. 344 FT.) and the first north-south alley east of Hill Street between Cedar Street and Madison Street(Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend,Indiana. Dear Council Members: Our clients, Saint Joseph's Regional Medical Center-South Bend Campus, Inc., are requesting the approval of the Vacation for the first east-west alley south of Cedar street Between Hill Street and St. Louis Blvd. (Approx. 344 FT.) and the first north-south alley east of Hill Street between Cedar Street and Madison Street(Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend, Indiana. The reason for this request is to allow for off site parking for the proposed St. Joseph High School. The Petitioners believe that vacating the above-mentioned Public Alley fright-of-ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. a Danch L President ' Danch, Harney& Associates Filed in Clerk"S Ali File#11.0113 «� R �� WCUiI CITY C LERK,SOUTH sErAr",x 1643 Commerce Drive m South Bend, IN 46628 208 West Mars . Berrien Springs,MI 49103 office 5741234-4003 m 8001594-4003 ■ Fax 5741234-4119 office 2691471-3010 m Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD, (APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT. ) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT. ) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA, hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-5009--0242 Tax Key Number 18-5009-0243 Tax Key Number 18-5009-0245 Tax Key Number 18-5009-0254 Tax Key Number 18-5009-0257 Tax Key Number 18-5009-0258 2 SECTION IV. The purpose of the vacation of the real property is to allow for offsite parking for the proposed St. Joseph High School. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Commo Council Attest: LL City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2010, at o'clock M. City Clerk Approved and signed by me on the day of 2010, at o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA Filed In Ch� rk's APR - . PIFL;C €. . ....' `3 rd � �4E31i. a JOHN{F(-kio� Fes_ REFERRED, PASSED PETITION TO VACATE PUBLIC ALLEY RIGHTS--OF-WAY TO: THE COMMON COUNCIL DATE: March 28, 2011 OF THE CITY OF SOUTH BEND, INDIANA I (WE) , THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. NAME (signed inted) DRESS Taber _ fined &:,p.r & AD x K�r Number ... .,.„.: .,,. - Saint Joseph Regional 18-5009-0242 Medical Center South Bend 18-5009-0245 Campus, Inc. 18-5009-0254 811 E. Madison Street 18-5009-0257 South Bend•,' Indiana 46617 C� For aint Joseph Regional Medical. Center South Bend Campus, Inc. CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 Filed In Clerk' ' APR ' ., 20„ JOHN rrrr OP,)C- CITY CLERK,SOUT141WN0, `� Fired in Clerk's Office APR 5 2011 ALLEY VACATI r° ""°"�°g BE SURVEY ORDERED BY: DL7 IA V�A SURVEY DATED: 3128111 PROJECT NO.: 110113 LEGAL DESCRIPTION THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST—WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT.) THE FIRST NORTH—SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. w z J Z w a z z J � Q' R/W LINE R LINE R LINE R CEDAR STREET 82.5' R _ R/W LINE 165.00' 165.00' [WLIN w Z LOT 109 LOT 115 (0 LOT 110 LOT 116 Q _ 165w 155 m. m LIJ LOT 111 o S LOT 117 $ (n n_ v: =1 IDO. 344.00' LOT 112 ,; LOT 118 sr�tE r.iDR _ m (/) z t3�'* Z LOT 113 8 LOT 119 J 4 ALLEYS TO BE VACATED 165 0D' LOT 114 S LOT 120 R/W LINE 10 R/W LIN ti MADISON STREET 82.5' R W a o R/W LINE Land Surveyors • Profe7PIanners rs DCZJ Landscape Architects-e: (574)234-4003/(BOO)594-4003 4 119 1643 Commerce Drive + S o Z009 D..C4, omv seuo•s, nc. ST. JOSEPH COUNTY AIRPORT AUTHORITY SOUTH BEND REGIONAL AIRPORT 4477 PROGRESS DRIVE,SOUTH BEND, INDIANA 46628-5594 El C1 13 PHONE: 574/233-2185 FAX 574/239-2585 www.sbnoir.com April 19, 2011 Mr. John Voorde, City Clerk oy City of South Bend County-City Building/Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Lincoln Way West Vacation City of South Bend, Indiana Dear Mr. Voorde: I am requesting the vacation of a portion of Lincolnway West lying within the City of South Bend,Indiana, as representative of the South Bend Regional Airport. The purpose of the vacation of the real property is the relocation of Lincolnway West due to airport expansion. Original Lincolnway West is adjacent and within the airport property. It is in the interest of the City of South Bend and the airport to vacate this property. Based on these reasons,I hope that you will grant my request. Thank you for your consideration,and if you have any questions please feel free to give me a call. Sincerely yours, ST. JOSEPH COUNTY AIRPORT AUTHORITY In 08,rks Owl., � � spy oh Schallioi A�'n 2 2011 E cutive Direct South Bend Regional Airport 7 , tt 4477 Progress Drive South Bend, IN 46628 Phone: (574) 233-2185 x224 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Lincolnway West from Mayflower Road East approximately 1,400 feet STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A tract of land in the Southeast Quarter(1/4) of Section 32,Township 38 North, Range 2 East, more particularly described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence North 1 degree 17 minutes 33 seconds East, 1,321.54 feet* along said West line of said Southeast Quarter; thence North 89 degrees 42 minutes 24 seconds East,40.00 feet*to a point on the East right of way line of Mayflower Road; thence North 1 degree 17 minutes 33 seconds West, 835.94* feet along said East right of way line to the Southeastern right of way line of Mayflower Road; thence North 59 degrees 52 minutes 21 seconds East 91.32 feet* along said Southeastern right of way line to the Southwestern right of way line of Lincoln Way West and the place of beginning; thence South 68 degrees 07 minutes 00 seconds East, 1,251.65 feet* to the existing City limits; thence North 100 feet, more or less along said existing City Limits to the Northeast right of way line of said Lincoln Way West; thence Northwesterly along the Northeast right of way line of Lincoln Way West to a point directly Northeast, measured at right angle,to the place of beginning; thence Southwest to the place of beginning. *Bearing and Distance quoted from Deed Record 795, page 548 Hereby determines that it is desirable to vacate said property. SECTION If. The city of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to,the following: electric,telephone,gas,water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: St Joseph County Airport Authority District SECTION IV. The purpose of the vacation of the real property is the relocation of Lincolnway West due to airport expansion. Original Lincolnway West is adjacent and within airport property. It is in the interest of the City of South Bend and the airport to vacate this property. Member of the Common Council Attest: S y City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_____, at o'clock m. City Clerk Approved and signed by me on the day of 20------, at o'clock m. Mayor, City of South Bend, Indiana �r.�N'cfivl'63 � 'H•FSrW i,u k2., �.,. ¢.iS F�LL::'3T ". ? 711 9 s1 RIwA�ING � pUBLIC HEARING 3rd READING NOT AppROVED �l`I �. i'at�,J to 3 a� � %II' REFERRED pASS€l3 PETITION TO VACATE PUBLIC RIGHT-OF-WAY (STREETS/ALLEYS DATE: -4 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA I (WE),THE UNDERSIGNED PROPERTY OWNERS),PETITION YOU TO VACATE: A. N/A B. THE STREET DESCRIBED AS: Lincolnway West from Mayflower Road East approximately 1,400 feet NAME(signed&printed) ADDRESS LOT# • .44'7-7 lPp-c q�e C- :sS 6 re 14 `W Z4a er�Sy z � H res ; sJ 12a i' Z3-SGF'A co,-ii` -ry Aipz Floer Aur-wcP- 'ry 7'1-G'3 -3 Z-$OI-©CG 1 00—®09 71- ®3 a 32 F-c�0®-®csi. oc'a.`0,0 1 -71 -off -•. ����Q-60B . C]®�.pOC3� CONTACT PERSON(S) NAME: -TaH 0 �5Caof ALLiei- D L Z O t,,A K3,1) L-LC- exi c o-rlvc- I°Ja P-C-:C-roP- Z Z-I( .TeFf=itfzso#.6 ADDRESS:3c3s R iD ) 'r�s o 4 es u,ri m; it�C L�la 4-4-7-7 Fes' 90 4 Q iF GG C)P-o VF 574- 2,4-5'- 1k, _ Sc3o-ry Brno t9 4662-8 PHONE �*'-2-33 -ZB C 5- RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE,CITY CLERK Filed In Clerk's ice ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 APR 2 7 2011 JOHN V00W5E- CITY CLERK,SOUTH SEND,IN - ., _.r .,. ',r,r. ..v ,. .s. � .. ... .....-.-• '. ::� '.:,l Y.r.tr: i ^•:'h5 - .,5.• .�--'�'1�:�',��V t Gcl��t.�a4 p ,3 ti OH Flf A?/90A7 1) P.eC 701'_ -�"" - .•:: MAIL TO- St, Joseph County Airport. Authority carrr+r#HT MAY inr,ax.Josirrrr frlotxNA`�Nt Ali�lrAfM6 22965 U. S. 20 AU ITOR'f REC& South Bend, Indiana 46628 y- �r Tranaf r No. INITY r WA R_ V211 A D E E Taxing Unrt�.,� r a Date This indenture witnesseth that F f Paul S. Tuesley and Mae 1. Tuesley, husband and wife Of St. Joseph Cnunty in the Statr Indiana Convey and warrant to St. Joseph County Airport Authority District of St. Joseph Count%, in the.Statr of Indiana for and in tr,ntiiderwhon rrf 'fen Dollars and other good and valuable consideration the rrreipt tt'hrrruf ibg herrd+r(reku, 'ledged, the fc,llowhig Real h.oam in St. Joseph County in the .State of lndiarrrt, to ft-il: A parcel of land in the Southeast Quarter of Section 32, Town- ship 38 North, Runge 2 East, St. Joseph County, Indiana, and more particularly described as follows: Commencing at the Southwest corner of said quarter Section; thence North I degree 17 minutes 33 :seconds East 1,321,54 feet along the West line r-)F said Quarter Section; thence North 89 degrees 42 minutes 24 seconds East 40.00 feet to the point of beginning; of this description, which point is on the East boundary of Mayflower t Road (S, R. 123); thence North 1 degree 17 minutes 33 seconds West 835.94 feet along said Fast boundary to the Southeastern boundary cif Nnyflower Road (S, R. 123); thence North 59 degrees 52 minutes .'.l seconds Fast 91.32 feet along said Southeastern Q boundary to the Southwestern boundary of Lincoln Way West (u. A, 20); thence South 68 degrees 07 minutes 00 seconds East 1,251,65 feet rtlong said Southeastern boundary; thence South J� 1 degree 06 minutes 44 seconds East 408.83 feet; thence South 89 degrees 42 minutes 24 seconds West 1,229.54 feet to the point of beginning. Subject to all taxes, assessments, covenants, restrictions F` and easeme.lts of record, its well as an existing lease between Grantors anti Burkhart Advertising, Inc. for advertising structures presently upon said remises. e Signed f] tnud crlir!duti•rf Ilirx_.. drry raj. ?i State of Indiana, St. Joseph Counly, ss: ---- !tr l s ae. dtrr m lrra's�'rrr ®g�� <qurpmr ti Paul S. Tuesley rlrlrt,titrrlr',lll'r,,aNretlt'IitrJ flied lork' ice , y tiPat ....... .... Paul S. Tuesley ',nd M- a I. Tuesley, husband and wife, k` A 2 '7 Ili , S•nt Mae I. Tuesley JO N VO RP cffy OLE SOUTH BRNO,IN Paul S. Tucaley and Mae 1. Tueslay, husband and Wife 1$ � s` r :. of St. Joseph (.'aunty in the Star. Indiana Convey and warrant to St. Joseph County Airport Authority District (if St. Joseph t'urtttfv in the State of Indiana for and its trurxirhrrrliuu rtf Ten Dollars and other goad and valuable consideration the nwipl u,lrerrrtf is hrrr h.v dir•krrrm ltdged.fhe frrilrutittg Real Estate in St. Joseph County its rite Stale of lndirurrt,trt wit A parcel of land in the Southeast Quarter Of Section 32, Town- ship 38 North, Rnnge 2 East, St. Joseph County, Indians, and more particularly described as follows: Commencing at the Southwest corner of said Quarter Section; thence North l degree 17 minutes 33 seconds Fast 1,321.54 feet along the West line of said Quarter Section; thence North 89 degrees 42 minutes 24 seconds Bast 40.00 feet to the point of beginning of this description, which point is on the East boundary of Mayflower Road (S. R. 123); thence Forth 1 degree 17 minutes 33 seconds Wa st 835.94 feet along said East boundary to the Southeastern boundary of Nayrlower Road (S. R. 123) ; thence North 59 degrees 52 minutes 21 seconds East 91.32 feet along said Southeastern boundary tai the Southwestern boundary of Lincoln Way West (U. s. 20); thence South 68 degrees 07 minutes 00 seconds Fast 1,251.65 feet along said Southeastern boundary; thence South 1 dehrce 06 minutes 44 seconds Gast 408.83 feet; thence South 89 degrees 42 minutes 24 seconds West 1,229.54 feet to the point of beginning. Subject city all taxes, assessments, covenants, restrictions and eascmeat4 of record, as well as an existing lease between ' Grantors ;ind Burkhart Advertising, Inc, for advertising StxUCtt{1ZnS3reSCntlY upon said remises. C f 5 r� litgn(vt and chit, Mix.... State of Indiana, $t, Joseph County, ss. h,/rrn.rrrr,!hr rrrn6ror,,rrr.t,a .Vnlan tid,;,. r,r and mr:raid ennui Scat ]Pau S, Tuesle utrrl�lrrrr•,pr'rvte+rtrl��•u)rlhnr�•d y r Paul S. Tuesley'and Mae I, Tuessl.ey, husband and wife, Mae I. Tuesley and at'h'rrntildRtd th,•c-rawfion rrl Mir purtvru+kr dry et. ��� X14 fn witness fvhvrrvtf,1 hull,herr•uttla.;.,"w-ribol itty trrrrrrrard uffisrd, i�� r'1 Yom/ i ..�,.�-{L• R*,offfcirtl rfcLV fit M �} Jr.- /J•r��„ r r y NrYnrr AaE1ic "'•r,� r hfyrnmtt:f,iP#rrttrc�—tilt/ - ti5 L1 1 This instrurnent axts.PNpared by Joseph V. Simeri, 1221 St. Joseph Bank Building, South Bend, 4r�e.,ar.dwrrlr corrnrr taara co Aar aaatraraa Indiana 46601 r -_)<' 73aF ToM qi T 6L Pa6F vornh&y ind Vv:n•a ;:nrly V ng ve 1 kni accoss right of MY I in ! A Av Snuthoost r-,,..1 of the sak US 31 Dy-,Pass to a poirt I A NO to the right of Mtkn ISMO an I he "SMSUNM" I a disfanct2 of 3010 '­vt 110rg a lino re-�5ured at right onglus to said line "SAMIM to a point 150 feet to t-he lr!ft of Station MTO which paht is in Northerly iilnitod accf ss right of .';1Y line of Usi?20 THEME Sn"Ma9turly alanq the Artharly liAted access right of way (QT I f"W Of USR20 tO the Hester), ' ht of way lino of Butternut Rwd Soutlici,,torly across nutternut 1%,ic1 or a jin,, parallel to and t2l' 340 Feat Northerly of said I ine "SASMA" to a point on the fri`:tr_r 1y right of way I ke of Putivrnut lead, this point being also on the ArLhorly riWA of .ray I be of sAd USNO THfQCE Southeasterly along the Nortkirly Hot of way The of said ' I (fy) LISRIO to a point 10 fo=al; to the )5t of Station 10560 on said Me "SAS11200' T111"i1Cr 'znuLb—Morly along a line wranurpd at right angles to sdid Tine "SASR200" a distanre of 155 Not core or less to a point an IT, Scuthurly right of way line of U5420, Nhich point is also Act in Lhe EaAerly right of way linc SR 123 Q4CE Southwrskrly And Suothnrly along the Easterly right of way line 0 ,Q) of SR 123 to the MnrsocLion with the cenkrline of a propowd 50 feet wide Kolkr Meat PRICE due East along said centerline of Keller Street proposed a distance of 1 119.54 Pet to the Airpurt property Ent We '[IkUT E' Pun i'orth along the Airpnrt property Fast line and said East Mine v0sMed North to the intersoction with the Artherly right of way line of USR?O THELICE Southeasturly along said Northerly right of toy line of USR20 A°) to a point 249 feet more or less West of "the East line of the Z West 112 of thr Southeast 114 of Action 33, Township 33 North, Range 2 East which point is in the present City limits line TQZPCE Mug the prespnt City limits line as Ascribed in parts of annexa- A r;tion 5048-1968 4314-1960 4440-1962 5113-1969 1465-1962 to the point of beginning. Untaining approximately 2526 acres or 3.95 square miles, all in Section 18, 19, 20, 21 , 22, 27, 28, 29, 30, 31, 32 and 33 in Township 38 North, Range 2 East, St. Joseph County, Indiana page 4 of 4 Filed In ill 2 7 2 JO NVOORDE Cr"FY CLE SCOT,WdM b� >�S � S ` ems .fi SA3 N -,less r _V Blvd �z5 roz2 Dss 025-1022-0664 a VO 004-1022-037801 004-1022-038907 0 100 200 400 600 800 Feet LEGAL DESCRIPTION-LINCOLN WAY WEST VACATION: A tract of land in the Southeast Quarter{114} of Section 32, Township 38 North, Range 2 East, more particularly described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence North I degree 17 minutes 33 seconds East, 1,321.54 feet* along said West line of said Southeast Quarter; thence North 89 degrees 42 minutes 24 seconds East, 40.00 feet* to a point on the East right of way line of Mayflower Road; thence North 1 degree 17 minutes 33 seconds West, 835.94* feet along said East right of way line to the Southeastern right of way line of Mayflower Road; thence North 59 degrees 52 minutes 21 seconds East 91.32 feet* along said Southeastern right of way line to the Southwestern right of way line of Lincoln Way West and the place of beginning; thence South 68 degrees 07 minutes 00 seconds East, 1,251.65 feet* to the existing City limits; thence North 100 feet,more or less along said existing City Limits to the Northeast right of way line of said Lincoln Way West; thence Northwesterly along the Northeast right of way line of Lincoln Way West to a point directly Northeast, measured at right angle, to the place of beginning; thence Southwest to the place of beginning. *Bearing and Distance quoted from Deed Record 795,page 548 OIJ I'll 1316C;0UNrY-CII-YBuruxwc, , \ j PI[oNE514/235-9251 227 W:JcFFFRsc N BOULEVARD sc� r.tx 574/235-91.71 SOUTH BEND, INDIANA 466€1.1-1830 I865 CITY OF SOUTH BEND STi PHF.N J. LUEC'.KB, MAYOR BoARD OF PUBLIC WORKS April 25,2011 Mr.Tim Lietzan DLZ Indiana, LLC 2211 East Jefferson Boulevard South Bend, Indiana 46615 RE: Alley Vacation--Lincoln Way West between City Limit Lines West of Terminal Drive and East of Mayflower Road (Preliminary Review) Dear Mr. Lietzan: The Board of Public Works, at its April 25, 2011, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is Iocated or to which it is contiguous. Community& Economic Development stated that they have no objection to this vacation as long as the needs of adjoining property owners are met, especially those currently living in the area or were forced out of their trailer homes. Please contact Tony Molnar at (574) 235-9254prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius snap, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez,Fire Department Tony Molnar,Engineering Janice Talboann,City Clerk's Office Carl Littrell, Engineering GaiYA.GlLOT P.E. DoN.kLD I:- INS Cmkt,P.Llrrim,i. PR SiDENT MEIN;TWR MEMBER t ;a ii Y iii. pp w lF al Oay uo;GurX07 eAV uo;6urx07 PA g }��p!tl� \ AMF, « v wy� i L �a cs 1 r ds I.B Ja epv La ul nh « n j :. � a 131F10 �B t 3' o ,�,1►��ji'1�,, rXACE V 1855 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/7/2011 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littreil, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission (lbyorni(aco.st- igseph.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmoriffinamisource.com) (FYI Only) FROM: Linda M. Martin, Clerk r"yj't SUBJECT: REQUEST FOR RECOMMENDATION - STREET VACATION APPLICANT. DLZ Indiana, LLC for the ST. Joseph County Airport Authority LOCATION: U S. 20 between City Limit Lines West of Terminal Drive and East of Mayflower Road DATE DUE: 4115/11 FAX OR E-MAIL TO: 235-9171 / Imartin southbendin. ov RECOMMENDATIONS AND COMMENTS: ` By Date `'' pt TH $ �. \� . CE ' 1 6 � INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT'. 417/2891 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl Littrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission (ibyorni@co.st- ioseph.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO m riffin nisource.com (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION -STREET VACATION APPLICANT: DGZ Indiana, LLC for the ST. Joseph County Airport Authority LOCATION: U.S. 20 between City Limit Lines West of Terminal Drive and East of Mayflower Road DATE DUE; 4115/11 FAX OR E-MAIL TO: 235-91711 Imartin southbendln. ov RECOMMENDATIONS AND COMMENTS- I have no objection to this vacation request so long as the needs of adjoining property owners are;net, This is particularly importaw for and meant for those who currently live in or were forced out of their trailer homes. 0 By �r �' 6�?s�� ,�,r/ Date �� Z/ Page 1 of 1 Jennifer Corte - Re: St. 3oseph County Airport Authority From; Chris Dressel To: Jennifer Carle Date: 4/8/20118:13 AM Subject: Re: St. Joseph.County Airport Authority Attachments: Recommended for approval. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574-235-5847 Fax: 574-235-3469 cdressel@southi endin.cav_ >>> Jennifer Carle 4/7/20113:21 PM >>> Please forward your recommendations as soon as possible. file://C,ADocu.rnents and SettinarsUCORLETocal SettineslTemi)Warowise14D9EC38CSO... 4/8/2011 Page 1. of 1 Jennifer Corle - tie: St. Joseph County Airport Authority From. Andre Price To: Jennifer Carle Date: 4/8/20117:53 AM Subject. Re: St. Joseph County Airport Authority This will not affect city of south bend trash collection. Andre Price City of South Bend Manager of Operation Solid Waste Dept. 574-277-8823 ext. 61 file://C:\Documents and SetdDgs\JC0RLE1Loca1 Settings lTemp\XPgrpwisei4D9EBF04SO... 4/8/2011 Page I of I Jennifer Come - Re: 5t. Joseph County Airport Authority From: Federico Rodriguez To; Jennifer Corle Date: 4/8/20118:28 AM Subject- Re; St. Joseph County Airport Authority Approved S.B.F.D Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574-236-7564(0) 574-235-9305(F) frodriau!2 Outhbendin.gov >>> Jennifer Corle 4/7/20113:21 PM >>> Please forward your recommendations as soon as possible. file-//(`.•1T)n(njrnent�4 anti Qetting.o, fJ '.OR[,F,I T,ooal '�ettinirSlTernn\XPLymwise14D9EC713SO... 41$!2011 (4/11/2011) Jennifer borfe­---R"e--------St. o-s-e­p—hdo' Page From: Stephen Goen To. Jennifer Corle Date, 4/11/20117:16 AM Subject: Re: St. Joseph County Airport Authority No Objections,you can not get to that part of the road anyway. This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt.Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department-Traffic Investigations 701 W. Sample St South Bend,IN 46601 (574) 235-7515 (574)235-7538 >>>>Jennifer Corle 4/7/20113:21 PM >>> > Please forward your recommendations as soon as possible, JOHN VV SYORNI EXECUTIVE DtReCTOR LARRY MAGLIOZZI DEPUTY DIRECTOR q'ARCEAPILA.4N COMMISSION OF ST. JOSEPH CC>UNTY, IN 227 W.JE,FFERSC7N BLVD. ROOM 1 140 COUNTY--CITY BLDG. SOUTH BEND.INDIANA 46501 (579)235-9571 April 13,2011 City of South Bend Board of Public Works 13`x' Floor, County-City Building South Bend, Indiana 46601 IEEE: Might-of-Way Vacation Applicant: St. Joseph County Airport Authority Vacation of U.S. 20 between City Boundary West of germinal Drive and East of Mayflower Road Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation of this roadway will allow the airport the ability to extend its north- south runway, and will therefore assist in the development of the adjacent property, Also, this portion of U.S. 20 within'the right-of-way to be vacated no lodger exists due to the relocation of the highway to the south. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The portion to be vacated does not provide any immediate access to any of the adjoining properties_ (3) The vacation would not binder the public's access to a church, school, or other public building or place. The portion to be vacated does not provide access to any church,school or other public building or place. Access to the airport will be maintained.via Lincoln Way and Lexington Avenue/Terminal Drive to the east. SERVING:ST.JOSEPH COUNTY.SOUTH SEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA& ROSELAND wwv+.stjasephccuntyind Ian a.corn/Areaplan --� (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. East-west through access will be maintained via the relocated U.S.20 to the south. Due to the above stated reasons,the staff recommends that the proposed right-of-way vacation be approved. Please contact our office if you have any questions or need any additional information. Sincere 'Derek�' Spier,AICP P > Planner E:IVACAT10NS201 i Oj)AU.S.20 Sourly afAirportdor ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN ST., FROM DAYTON ST. SOUTH TO THE FIRST EASTIWEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City, The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEY TO BE VACATED IF THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN ST., FROM DAYTON St. SOUTH TO THE FIRST EASTMEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018-7043-1683 113 Dayton 018-7043-1688 114 Dayton SECTION IV. The purpose of the vacation of the read property is to fence in the yard and also to get cars off the street and improve the look of the yard. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. : - Ix Member of the Common Cou it Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. Mayor, City of South Bend, In( _ __. ..- E Clerk's fflc t 5t READING PUBLIC NE,t: It4d rd REAt7NG NOT APPROVED REFERRED oJOHN FIZC5=D CITY PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: Ll Iola a S sn CA r 4 L 6 B. THE STREET DESCRIBED AS: NAME(signed & printed) y ADDRESS LOT# CONTACT NAME: RETURN TO: OFFICE OF THE CITY CLERIC ADDRESS: � � JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH SEND, 6f3�F _..°-�'".__-- ... X74-23 .W r '9 Off!CCP ONE: ���--- 7 q30 4,1 i, ,i'rk 0 0 F JOHN vOoRbF. CITY CLERK,SOUTH BEND,IN h U118-7042-1653 IWO �!! /odl0-7042-165501 8-7042-16 R15b. 0 � DAvrcriv Or 018-7043-1678 018-7043.1679 w I m 1 0187043-1680 °D aD Io to go C6 018-7043-1681 1 J E�� 0187043.1684 R z; ' 4r ` 018-7043-1685 m eo m a 12 s \ e6 co 40 96 i � o ZY \ 0 01�-Z043-1686 _ k MfLr47Ar Or ALLEY VACATION The alley to be vacated is th-e first North/South alley East of Michigan Street, from Dayton S reet South to the first East/West alley for a distance of 1.37 feet and a width of 14 feet, being a part of Dubail'sSecond Addition to the City of South Bend, St. Joseph County, Indiana. t\ roc rrr b� 1316 COUNTY-CITY BUILDING � ;•\ ��% � PHONE 5741235 9251 227 W.JarFnmox 1BoULvAI;o FAX 5741235-9171 SOUTF113LND, INUM R 466tTmuo � `�.a 'rDD574l235-5567 1865 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS Apri1 11, 2011 Mr. Randy Gilleand 1 l4 Dayton Street South Bend., 46 613 RE: Alley Vacation—North Half of the First North/South Alley South of Dayton Street and North Of Milton Street between Michigan Street and St. Joseph Street {Preliminary Review) Dear Mr. Gilleand: The Board of Public Works, at its April 11, 2011 Meeting, reviewed favorable comments from the Area Plan Commission, Economic Development, and the Police Department regarding the above vacation request. The following comments and unfavorable recommendations were submitted: Engineering stated that I&M Electric has a pole-line in the alley and will retain an easement in the vacated alley. The easement will pre-empt development of a garage within the easement. Engineering noted that the homeowner would be responsible for paying the fee .for I&M to review the relocatioll, and an additional fee to relocate the pole and line. The Fire Department recommended denial and stated the closest fire hydrant is on the corner of Milton and Michigan for structures at the cross of the alleys. Please contact Tony 11>;tolmir at 574 235-9254 rior to ickin a our radius nla . You will need a radius map showing properties within 150' of the proposed vacation for your Petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Y�. Linda M. Martin, Clerk C., Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARY A..GILOT,P.E. DONALD E.INKS CARL P.LT-17RUL PRESIDENT MEN16FF, MEMBER � � � o� COA it ag, C1,4 N lif -9w fir cr to Me CY to Vo ed WET .90 VFO in 44747#7141,1"AW4"4- cciN jo {demo {S '-`"` Aiv IF rP On q m 4 Yt S i +n y c r \ 1� �l� s 4 w 1''Fav+';."ad" a A .?, 'p„r ��#�t` .�`« � ?1°.�. 5 'r 3,. * '�4]aw i�� ;. yy s -' s c 9 � fK d WOUTFi CF rsc5 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 318 12011 TO: Andre Price, Solid Waste mob Mathia, Community & Economic Development marl Littrell, Engineering Department iris Dressel, Community & Economic Development �,. derico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development t d'ohn Byorni, Area Plan Commission (ibyorni a@_co.st- joseph.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office r--Phil Griffin, NIPSCO (pmgriffin(Dnisource,com) (FYI Only) FROM: Linda M. Martin, Clerk'6v�­ SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Randy Gilleand The North Half of First North/South Alley South of Dayton LOCATION: Street and North of Milton Street, Between Michigan Street and St. Joseph Street DATE DUE: ASAP - FAX OR E-MAIL TO: 235-9171 1 Imartingsouthbendin.gov RECOMMENDATIONS AND COMMENTS: By Date Front: Nancy Schrader To: Memo-Vacations Date: 3/$/2011 11:59 AM Subject: Alley Vacation Recommendation ASAP- Dayton Attachments: S45C-511030812560.pdf Please provide your recommendation as soon as possible. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Fax., (574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strfctly prohibited. CR INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/8/2011 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl Littrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission (jbyorni,(.co.st- joseph.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m riff�n _nisource.com) (FYI Orly) FROM: Linda M. Martin, Clerk SUBJECT., REQUEST FOR RECOMMENDATION --ALLEY VACATION APPLICANT: Randy Gilleand The North Half of First North/South Alley South of Dayton LOCATION: Street and North of Milton Street, Between Michigan Street and St. Joseph Street DATE DUE: ASAP FAX OR E-MAIL TO: 235.9171 / Imartln @southbendin.go�r RECOMMENDATIONS AND COMMENTS: BY ✓ Date `3 �r From. Federico Rodriguez To: Nancy Schrader Date: 3/8/20113:09 PM Subject: Re: Ailey Vacation Recommendation ASAP- Dayton [Denied S.S.F.D. The closes hydrant is on the corner of Milton and Michigan if we need water supply for structures at the cross of the alleys. Federico"Chico"Rodriguez Fire Marshal South Send Fire Dept, 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) frodriau@southbenQn,aov >>> Nancy Schrader 318/2011 11:58 AM >>> Please provide your recommendation as soon as possible. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Pubic Works 227 West Jefferson, Room 1316 South Bend, Indiana 46609 Office: (574)235-9151 Fax: (574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. From: Chris Dressel To: [Nancy Schrader Date: 3/9/20119,14 AM Subject: Re: Alley Vacation Recommendation ASAP -Dayton Attachments: Chris Dressel.vcf CC: Jeff Gibney I recommend for approval. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development 1200 County-City Building 227 W.Jefferson South Bend, IN 46601 Phone: 574-235-5847 Fax: 574-235-9469 cdressel @sou=endin aov >>> Nancy Schrader 3/8/2011 11:58 AM >>> Please provide your recommendation as soon as possible. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, indlana 466011 Office: (5741235-9251 Fax: (574)235-9171 This message may contain confidentiat and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictty prohibited. From: <pmgriffin @NiSource.com> To: "Nancy Schrader"<NJSCHRAD @southbendin.gov> Date: 3!8!2011 1:39 PM Subject: Re:Alley Vacation Recommendation ASAP-Dayton Nancy, NIPSCO does not have any gas facilities in this section of alley that is proposed to be vacated. Therefore, no objections. Thanks, Phil G. Philip M. Griffin NIPSCO Project Engineer it Office Phone: 574-284-2214 Mobile Phone, 574-220-3804 FAX: 574-284-2220 "Nancy Schrader" <NJSCHRAD @southbe ndin,gov> To <jbyorni @co-st-joseph.in.us>, 03/08/2011 11:58 <pmgrifin@nisource.com>, "Andre AM Price"<APRICE @southbendin,gov>, "Chris Dressel" <CDRESSEL @southbendin.gov>, "Cheryl Greene"<CGREENE @southbendin.gov>, "Carl Littrell" <CLITTREL @south bendin.gov>, "Federico Rodriguez" <frodrigu@southbendin,gov>, "Jeff Gibney"<jgibney@southbendin.gov>, "Robert Mathia" <RMATHIA @southbendin.gov>, "Stephen Goen"<SGOEN@southbendin.gov> cc "Nancy Schrader" <NJSCHRAD@southbendin.gov> Subject Alley Vacation Recommendation ASAP Dayton From: Stephen Goen To. Nancy Schrader Date: 3/8/2011 1:32 PM Subject: Re: Alley Vacation Recommendation ASAP- Dayton approved This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed, Any use by others is strictly prohibited. Lt.Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department-Traffic Investigations 701 W, Sample St South Bend, IN 46601 (574)235-7515 (574)235-7538 >>> Nancy Schrader 3/8/2011 11:58 AM >>> Please provide your recommendation as soon as possible, Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson,Room 1316 South Bend, Indiana 46601 Office: (574)235.9251 Fax: (574) 235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. UTK "tiA PJLA�B f� f w X 65 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/8/2011 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl Littrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission .b orni co.st- joseph.in.us or 235-9813 fax) Stephen Goers, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m riffin nisourcecom) (FYI Only) FROM: Linda M. Martin, Clerk-,6A/-- SUBJECT: REQUEST FOR RECOMMENDATION--ALLEY VACATION APPLICANT: Randy Gllleand The North Half of First North/South Alley South of Dayton LOCATION: Street and North of Milton Street, Between Michigan Street and St. Joseph Street DATE [SUE: ASAP FAX OR E-MAIL TO: 235.9171 f Imart!n southbendin. cv RE OMMENIAATIONS AND COMMENTS: I Dave no objection to this vacation request so long as the needs of adjoining property owners are met. By .�.__. °" . �__---- Date ��� piuTkr r^ M IL 1"s INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 31812011 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl i'ittrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John 8yorni, Area Plan Commission 'b orni co,st- ioseph.in,us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO { m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: � REQUEST FOR RECOMMENDATION—ALLEY VACATION APPLICANT: Bandy Cilleand The North Half of First North/South—Ailey South of Dayton LOCATION: Street and North of Milton Street, Between Michigan Streets and St. Joseph Street DATE DUE: ASAF� FAX OR E-t AIL TO: 235-9171 ( imartin soul;hbendPn. ov RECOMMENDATIONS AND-COMMENTS: By Date ' w J0F-fNVV 8Y0PNI EXECUTIVE DfRECTpF. L.ARKY MAGLIQZ f DEPUTY DIRECTOR qAARREAA PLAN COMMISSf©N OF ST. JOSEPH COUNTY, IN 227 W.JEPPERSON BIr D, ROOM 1 f40 COUNTY-CITY BLDG. SOUTH BEi4E�),INDIANA 46601 (574)235-9571 March 10,2011 City of South Bend Board of Public Works 13`6 Floor,County-City Building South Bend, Indiana 46501 RE: Alley Vacation Applicant: handy Gilleand Vacation of the North Half of the First North/South Alley South of Dayton Street and North of Milton Street between Michigan Street and St.Joseph Street Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous, The petitioner requesting the vacation currently owns both the adjacent parcels to the west and east of the alley to be vacated and plans to construct a detached garage adjacent to or within the vacated area. Due to this ownership and construction of the proposed garage, the proposed alley vacation would not restrict any future growth or development of the adjacent lots or neighborhood. (2) The vacation would not make access to the lands of the aggrieved person, by means of public way difficult or inconvenient. Access to the adjacent properties to the west and east will not be restricted since they are both owned by the petitioner. The vacation will essentially make the existing public alley a private drive for the petitioner. In addition, access for public services within the .neighborhood (garbage and recycling collection, etc) will be maintained via the north-south and east-west alleys located to the south, (3) The vacation would not hinder the public's access to a church, school, or other public building or place. The alley to be vacated does not provide access to any church,school,or public building or place. SERVING.,SST.JOSEPH COUNTY,SOUTH BEND: LAKEVILLE.NEW CARLISLE,NORTH L18ERTY,OScrCOtA&ROSr=LAND www.sefpsephca«n•yin dia na.:romlAreaplan _--J.�.��W�.�—._��.`_.�_ (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous, The use of all adjacent public ways will not be hindered by the vacation of this alley. The north-south and east-west alleys located to the south will continue to provide access to any adjacent rear yard garages and for public services. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, Derek Spier,AICP Planner ,R E I E"'VACRTZONS',ZoI1'City iNh0.Of VSA11ey5ofDaytDn&N ofMifton hmn Michigan&Ma#J.doe e! N pU Tg 8 U t, prScx "p. }. •..� ST 65 � r LINO CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER May 4, 2011 Mr. Derek Dieter President, South Bend Common Council 41h Floor, County-City Building South Bend, IN 46601 re: Ordinance to Create Agency Fund 725 Morris Performing Arts center / Palais Royale Ballromm Box Office Agency Fund Dear President Dieter: The Morris Performing Arts Center ("Morris") and Palais Royale Ballroom ("Palais") collect certain revenue payments and deposits in advance of events at the facility. From these receipts, certain event expenses are paid to promoters and other vendors, Upon completion of the event, an event accounting settlement is prepared and the net revenue or profit is realized by the City and transferred to the General Fund or other appropriate City fund. During the recent audit of City by the State Board of Accounts, it was discussed with City Administration that it may be beneficial to set up a separate "agency' fund to account for these transactions. An agency fund is a common governmental fund type that is used to account for monies that are collected for and remitted to other entities (i.e. payroll tax withholding). An agency fund does not record revenue and expenditures and, thus, is not subject to annual appropriation. An agency fund records only cash and liability transactions. Thus, it is in the best interest of the City of South Bend to establish a Morris Performing Arts Center/Palais Royale Ballroom Box Office Agency Fund 725. The new fund 725 will be a non-reverting fund and may earn interest on outstanding cash balances which will be used to offset bank charges, with any remaining amounts distributed to the General Fund or other appropriate City fund. Fund 725 will not be subject to appropriation by the City of South Bend Common Council but will be reported in the City Controller's Cash Report, the City and Town Annual Report and other similar accounting reports. Controller Zientara will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing and at the Council meeting. City Administration is available to discuss any matters concerning this Bill at the convenience of the Council. Regards Filed ,.��.....�. .,.,.�.�.,� e r t, Gregg t ra MAY 4 20 cc: St h n J. I_uecke, Mayor of the City of South Bend µ.... JOHN County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 U Phone: 5741235-9216 Fax: 574/235-9928 7 DD: 574/235-5567 L\ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 700 WEST IRELAND ROAD, SOUTH BEND, IN 46614 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a detennination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 700 West Ireland Road, South.Bend, Indiana 46614 in order to permit the incidental sale of firearms as a part of Wal-Mart Supercenter retail store, SECTION IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 3 gPgn 1742047v1 MAR 14 2011 CITY bra':> Plan of Operation Proposed Sale of Firearms Wal-Mart Stores East, LP, 700 West Ireland Road, South Bend Introduction Wal-Mart Stores East, LP ("Wal-Mart") operates a Wal-Mart Supercenter on approximately 23 acres located at what is commonly addressed as 700 West Ireland Road, South Bend (the"Store"). The Store contains over 200,000 square feet of gross floor area, and sells a variety of hard and soft goods. One category of goods currently sold at the Store is sporting goods. Within this category, WaI-Mart sells a variety of goods related to camping, hunting and fishing. Wal-Mart desires to add an assortment of rifles and shotguns to this category of sporting goods available for sale at the Store. Wal-Mart is or will be selling similar goods in a number of stores in Indiana, as shown on Exhibit "A". The South Bend Zoning Ordinance requires that a special exception be obtained in order for a retail store to sell firearms. After discussing the proposal with two City Councilors, Wal-Mart has put together this "plan of operation", which shall be considered as a portion of its Special Exception Petition, in order to provide transparency as to its intentions and certainty in its operation with respect to the sale of firearms. Assortment/Location Wal-Mart shall limit sales of firearms to rifles and shotguns intended solely for hunting and target shooting. There shall be no sales of handguns or tactical guns at the Store. All firearms and ammunition shall be sold in the sporting goods department, and shall be kept in locked/secure display cases, with the exception of some shotgun shells that are typically used for clay target shooting. The initial location of such items is shown on the "plan o gram" attached hereto as Exhibit "B". Operations Wal-Mart has several policies to insure the safe sale of firearms. First, all persons desiring to purchase a firearm are subject to a background check, unless a specific state statute allows for an exemption for those individuals who carry a valid local concealed weapon permit, an "official duty" -purchase or if an individual carries a valid federal firearm: license. Only when the background check agency provides a "proceed" response may the sale take place. All sales will take place at the sporting goods counter (See Exhibit "B"), and a member of store management must escort the customer from the Store to the customer's vehicle. Conclusion Wal-Mart desires and intends to sell firearms and ammunition responsibly, in order to maintain a high degree of public safety. Because the City of South Bend, through its Zoning Ordinance, requires a special exception for such sales, it too places a premium on public safety. 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N 00 C 0-) CD rl I M Z jn Cn Un O z � z _ O c rF T- > tC� 0) Q0 CA_ cn 0) � m — C/') U) > U) C) �'-o" �,sa 6 VH � -o'° � -6 481/ 0 ...d� BAIT COOLER Q0 C) PETITION FOR SPECIAL EXCEPTION TO SOUTH BEND AREA BOARD OF ZONING APPEALS A. PETITIONER: Wal-Mart Stores East LP, a Delaware limited partnership 2001 SE 10"Street Bentonville, Arkansas 72716 Attention: Amber Lee Williams (479) 204-2649 B. PROPERTY OWNER: Wal-Mart Real Estate Business Trust 2001 SE 10'Street Bentonville,Arkansas 72716 C. PROPERTY ADDRESS: 700 West Ireland Road South Bend, Indiana 46614 D. STATEMENT OF SPECIAL EXCEPTION RE UEST The Petitioner currently operates a Wal-Mart Supercenter at the property address described above, selling a variety of goods and services, including sporting goods. The store contains over 200,000 square feet of gross area. The Petitioner is "re-introducing" the sale of firearms within its larger selection of sporting goods, and pursuant to Section 21-03.05(a)(2)(G) of the South Bend Zoning Ordinance, the sale of firearms falls under the classification of a "gun shop", thus requiring a Special Exception. E. STANDARDS FOR GRANTING A SPECIAL EXCEPTION The South Bend Zoning Ordinance provides that a Special Exception must meet four findings of fact. In addition to evidence that will be presented at the public hearing, the Petitioner proposes the following findings: (i) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare...., because the proposed sale of firearms will be incidental and located within an existing retail store; sold as a part of a urge assortment of sporting goods, and will be adequately secured at the point of sale. Thus, there will be no perceptible increase in traffic or risk that the sale of firearms will be an attractive nuisance. (ii) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein_...because the adjacent properties are commercially or industrially zoned and a variety of goods and services are provided inside the store today, such that there will be no difference in the day to clay activities in the store, which, in turn, will not adversely affect the adjacent areas or associated property values. (iii) The proposed use will be consistent with character of the district in which it is located and the land uses authorized therein....because the firearm sales will be incidental to the existing operation of the store and will be part of a large assortment of goods permitted to be sold within the store or the district, including sporting goods, which is a permitted use. (iv) The proposed use is compatible with the recommendations of the South Bend Comprehensive Plan.....because the firearm sales will be incidental and as part of a large assortment of goods sold within the store, all of which is consistent with the Comprehensive Plan designation as "Commercial". F. ATTORNEY FOR PETITIONER: Joseph D. Calderon Bose McKinney&Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684-5331 j calderon(aD,,bo s el aw.com G. ZONING CLASSIFICATION OF PROPERTY: CB-Community Business District H. TOWNSHIP: Centre Respectfully Submitted, Jo UP eyV-6r alderon At Petitioner Wal-Mart Stores East, LP 1790262v1 Plan of Operation Proposed Sale of Firearms Wal-Mart Stores East, LP, 700 West Ireland Road, South Bend Introduction Wal-Mart Stores East, LP ("Wal-Mart") operates a Wal-Mart Supercenter on approximately 23 acres located at what is commonly addressed as 700 West Ireland Road, South Bend (the "Store"). The Store contains over 200,000 square feet of gross floor area, and sells a variety of hard and soft goods. One category of goods currently sold at the Store-is sporting goods. Within this category, Wal-Mart sells a variety of goods related to camping, hunting and fishing. Wal-Mart desires to add an assortment of rifles and shotguns to this category of sporting goods available for sale at the Store. Wal-Mart is or will be selling similar goods in a number of stores in Indiana, as shown on Exhibit "A". The South Bend Zoning Ordinance requires that a special exception be obtained in order for a retail store to sell firearms. After discussing the proposal with two City Councilors, Wal-Mart has put together this "plan of operation", which shall be considered as a portion of its Special Exception Petition, in order to provide transparency as to its intentions and certainty in its operation with respect to the sale of firearms. Assortment/Location Wal-Mart shall limit sales of firearms to rifles and shotguns intended solely for hunting and target shooting. There shall be no sales of handguns or tactical guns at the Store. All firearms and ammunition shall be sold in the sporting goods department, and shall be kept in locked/secure display cases, with the exception of some shotgun shells that are typically used for clay target shooting. The initial location of such items is shown on the "plan o gram" attached hereto as Exhibit"B". Operations Wal-Mart has several policies to insure the safe sale of firearms. First, all persons desirinrr to P rch.aisc a firearm are aihiert to a hackground check; sinless a specific state statute allows for an exemption for those individuals who carry a valid local concealed weapon permit, an "official duty" purchase or if an individual carries a valid federal firearm license. Only when the background check agency provides a "proceed" response may the sale take place. All sales will take place at the sporting goods counter (See Exhibit "B"), and a member of store management must escort the customer from the Store to the customer's vehicle. Conclusion Wal-Mart desires and intends to sell firearms and ammunition responsibly, in order to maintain a high degree of public safety. Because the City of South Bend, through its Zoning Ordinance, requires a special exception for such sales, it too places a premium on public safety. 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" CA .P -s P f+ N A Cn 1 j (O N u N Cn N V -»� W W A N W 0) A W Cn j 0 Cn n O Q z co) 7'-0° '-6°— O �, ?�:31N 00 ,9 z cn co) �° >o C coi n zz c W a � n W Q� ,� ° _ m o -0 oz7 cz, o Wlu D cn � r) 406 --j cn CD � a7 W Z6 o D o a U) _ _ 7 � r N :J U) ' � N cc) D D U) © _-0 T y DD ; — r to 4� o � c U) FT- v� U) © `n U z W > m � W N Co c M cn U) z � d c FTI • Cr) ! Cc) Q — a a(nny ca II II Y G 1 I W V/ n 71 m Io c , n � V 1 > V I n� V CA ----6'-�� M54 S '-0"o C�6UH 7,-6» 48V j BAIT COOLER CD C) 12 �� ;- 5 Legal Description—Wal-Mart#3436, 700 West Ireland Road, South Bend, Indiana Lot "BB" in Erskine Commons Minor Subdivision, 3rd Replat, as per plat thereof, recorded as Document No. 0517251 in the Office of the Recorder of St. Joseph County, Indiana. 1792033vl AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fex: (574) 235-5541 April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Wal-Mart Stores East, LP ABZA 4/6/11 Dear Council Members: The above referenced petition of Wal-Mart Stores East, LP was legally advertised on March 24, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, at which time the following action was taken: Upon a motion by Mr. V elleman being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow for a gun shop and for the sale of firearms, on property located at 700 W. Ireland Road, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah WAL-MART STORES EAST, LP SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT fNJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Mend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL,201 1. YES NO Q MICHAEL URBAN SKI ABSENT RANDALL MATTHYS Q JACK YOUNG 0 GERALD PHIPPS ROBERT HAWLEY 0 JOE VELLEMAN BRENDAN CRUMLISH AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAx- (574) 235-5541 . b April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 416111 Dear Council Members: The above referenced petition ofCosimo Bumbaca was legally advertised on March 25, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6,2011, at which time the following action was taken: Upon a motion by Mr. Hawley being seconded by Mr. Young and unanimously carried, the petition for Special Exception for a two family dwelling in a"SF2"District, on property located at 1019 & 1023 Talbot Street is sent to the Common Council with an Unfavorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, r Charles C. BuIot, C.B.O. Building Commissioner CCB/cah DUMBACA SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety,morals, and general welfare ofthe community. 2_ THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance ofthe neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARAC"T"ER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH 8END COMPREHENSIVE PLAN BECAUSE: It is the feeling ofthe Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent_ CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision ofthe Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with an: UNFAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL, 201 1. YES NO 0 MICHAEL URBANSKI ABSENT RANDALL MATTHYS JACK YOUNG 0 GERALD PHIPPS 0 ROBERT HAWLEY ® JOE VELLEMAN 0 . BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPELAS FOR THE PROPERTY LOCATED AT 1019 Talbot Avenue and 1023 Talbot Avenue South Bend IN 46617 WHEREAS, Indiana Code Section 36-7-4-915.6 requires the Common Council to give notice pursuant to Indiana Code Section S-14-1.5.-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendations to the Council;and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1019 Talbot Avenue and 1023 Talbot Avenue South Bend IN 46617 In orderto permit a special exception to a allow a two family dwelling in a SF2 District SECTION ll. Following a representation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION Ill. The Common Council of the City of South Bend, Indiana, hereby finds that: I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council t led in Clerk PRESENTkD _ MAR .E 5 211 r� y}77 CITY CLE rakt PETITON FOR SPECIAL EXCEPTION Cosirno Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574-261-4695, individually and as manger of Maria B LLC, also of 11788 Bluebell Circle, Granger, IN 46530, petitions the Area Board of Zoning Appeals for a special exception to allow a two family dwelling in a SF2 District in Portage Township as he consolidates the following two properties owned in his name and the name of the limited liability company named above: 1019 Talbot Avenue 1023 Talbot Avenue South Bend IN 46617 South Bend IN 46617 each of which contains a separate dwelling but which dwellings will be joined as a result of this consolidation as shown on the site plan. Cosimo Bumbaca Date Frank J. Agostino, sq Attdrrney for Petitioner 120 W. LaSalle Avenue, Suit e704 P.O. Box 1635 South Bend, IN 46634 574-288-3750 574-245-5972 (FAX) Frank_Agostino @msn.com PETITON FOR SPECIAL EXCEPTION Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574-261-4695, individually and as manger of Maria B LLC, also of 11788 Bluebell Circle,Granger, IN 46530, petitions the Area Board of Zoning Appeals for a special exception to allow a two family dwelling in a SF2 District in Portage Township as he consolidates the following two properties owned in his name and the name of the limited liability company named above: 1019 Talbot Avenue 1023 Talbot Avenue South Bend IN 46617 South Bend IN 46617 each of which contains a separate dwelling but which dwellings will be joined as a result of this consolidation as shown on the site plan. Petitioner affirms and states that: 1. The proposed use will not be injurious to the public health,safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Cosimo Bumbaca Date Frank J. Agostino, Esq. Attorney for Petitioner 120 W. LaSalle Avenue, Suit e704 P.O. Box 1635 South Bend, IN 46634 574-288-3750 574-245-5972 (FAX) Frank_Agostino @msn.com 016-5095- 3346 G& M PROPERTIES 11797 Old Oak Drive Granger IN 46530 018-5095- 50500 Arrowwood 3355 PIENKOWSKI JAMES Court South Bend 1N 46628 018-5095- 3364 BUMBACA COSIMO 11788 Bluebell Cir Granger IN 46530 018-5095- 3335 ECKER KENNETH & CAROL 50871 Ironwood Granger IN 46530. 018-5095- 3376 BUMBACA COSIMO 11788 Bluebell Circle Granger IN 46530 018-5095_ INNOVATION DEVELOPMENT Mount 3354 LLC 201 N Yates Ln Prospect IL 60056 018-5095- HOUSING AUTHORITY OF CITY 3353 OF S. B. 501 S Scott St South Bend IN 46613 018-5095- 3337 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 018-5095- 3362 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018-5a95- OWSLEY ALFONSO R. AND 3360 CATHERINE G.MISC 1039 Talbot St South Bend IN 46617 018-5095- 3372 STALLING SAM & CHERYL 1028 Talbot Ave South Bend IN 46617 018-5095- 3345 J CORP INC 1228 South Bend Ave South Bend IN 46617 018-5095- 3347 HILL BERTHA M. 1236 South Bend Av South Bend IN 46617. 018-5102- CITY OF SOUTH BEND-DEPT OFil 359301 PUBLIC PARKS 1400 County City Bldg South Bend IN 46601 3285 3288 NAVARRO NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 018-5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 018-5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617. 018-5095- 3344 J CORP INC 1224 South Bend Ave South Bend IN 46617 018-5095- 3357 1008 DUEY LAND TRUST 115 S Lafayette South Bend IN 46601 018-5095- 3336 FIVE CORNERS LLC 814 Mar ieda South Bend IN 46601 018-50M 3363 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018-5095- 3371 STALLING SAM & CHERYL 1028 Talbot Av South Bend IN 46617 018-5495- 3343 GRADY BARRY S. 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A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTIES LOCATED AT (413 ST. LOUIS STREET, 417 ST. LOUIS STREET, 425 ST. LOUIS STREET, 418 HILL STREET, 428 HILL STREET AND 420 HILL STREET, ALL IN SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after-the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the properties located at: (413 ST. LOUIS STREET, 417 ST. LOUIS STREET, 425 ST.LOUIS STREET, 418 HILL STREET, 428 HILL STREET AND 420 HILL STREET, ALL IN SOUTH BEND,INDIANA) in order to permit: The Approval of a Special Exception to allow for off-site parking lot for properties located at 413 St. Louis Street, 417 St. Louis Street, 425 St. Louis Street, 418 Hill Street, 428 Hill Street and 420 Hill Street all in South Bend,.Indiana per Section 21-03.02 (2)(D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use(Off-site Parking). 2 SECTION I1. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-49.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals,which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Us brA 1S Only t")P ' " qp#, u �r ly 00ng and Goun6l admen 011 vs Issue. (/J Member of the Common Council H in. rkl;, PRESENTED � A -- 7 2011 9 NOT APPROVED � AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED , 20 NOTIFIED , 20 HEARING , 20 APPEAL Applicant's Name(s) : ST. JOSEPH REGIONAL MEDICAL CENTER JUDITH CASEY SOUTH BEND CAMPUS, INC. 6340 GRANDVIEW DRIVE 811 EAST MADISON STREET INDIANAPOLIS, INDIANA SOUTH BEND, INDIANA 46617 46260 (574) 335-5000 (317) 251-9392 ROMAN J. SMITH 2010 REVOCABLE TRUST 618 EAST MADISON STREET SOUTH BEND, INDIANA 46617 (574) 287-4829 CAMIEL & ROSE VAN DE WALLE 413 NORTH ST. LOUIS STREET SOUTH BEND, INDIANA 46617 (574) 233-1816 Address of Properties: PARCEL "A„: 600 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, PARCEL "B": 413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 425 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 418 HILL STREET, SOUTH BEND, INDIANA 46617 428 HILL STREET, SOUTH BEND, INDIANA 46617 420 HILL STREET, SOUTH BEND, INDIANA 46617 PARCEL "C": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 336 HILL STREET, SOUTH BEND, INDIANA 46617 Present Zoning of Properties: PARCEL "All: 600 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, "0" OFFICE & "MU" MIXED USE DISTRICT, PENDING REZONING TO "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT; 2 PARCEL "B": 413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 425 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 418 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 428 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 420 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT PARCEL "C": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 336 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT Owner's Names: ST. JOSEPH REGIONAL MEDICAL CENTER JUDITH CASEY SOUTH BEND CAMPUS, INC. 6340 GRANDVIEW DRIVE 811 EAST MADISON STREET INDIANAPOLIS, INDIANA SOUTH BEND, INDIANA 46617 46260 (574) 335-5000 (317) 251-9392 ROMAN J. SMITH 2010 REVOCABLE TRUST 618 EAST MADISON STREET SOUTH BEND, INDIANA 46617 (574) 287-4829 CAMIEL & ROSE VAN DE WALLS 413 NORTH ST. LOUIS STREET SOUTH BEND, INDIANA 46617 (574) 233-1816 Counsel or Consul.tant:DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the mattes of erecting, occupying, building, addition at 600 OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617 413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 425 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 336 HILL STREET, SOUTH BEND, INDIANA 46617 418 HILL STREET, SOUTH BEND, INDIANA 46617 428 HILL STREET, SOUTH BEND, INDIANA 46617 420 HILL STREET, SOUTH BEND, INDIANA 46617 3 NATURE OF APPEAL: VARIANCE REQUESTS: PARCEL "A": 1) . A Variance from the maximum allowed height of 40 feet to a maximum height of 53 feet for a proposed building; 2) . A Variance from the 25-Foot Front-yard setback along Cedar Street (North property line) to a minimum of 5 feet for a proposed parking area; 3) . A Variance from the 25-Foot Front-yard setback along Notre Dame Avenue (East property line) to a minimum of 5 feet for a proposed parking area; 4) . A Variance from the required 192 on-site parking spaces for a proposed school with 1,170 classroom seats (1 space/10 seats req. ) and 150 staff members (1 space/2 staff members req. ) to a minimum of 49 on-site parking spaces and 329 proposed off-site parking spaces as shown; 5) . A Variance from the required parking screening of one shrub at a 3.0 ft. on-center spacing along the entire frontage of the proposed parking along Cedar Street and Notre Dame Avenue to a minimum of 47 shrubs as shown; 6) . A Variance from the requirement providing foundation landscaping along Cedar Street (North line) Notre Dame Avenue (East Line) , LaSalle Avenue (South line) and St. Louis Street (West line) at a rate of one tree per 50 ft. of building width and 10 shrubs per 50 ft. of building width to a minimum of 22 trees and 241 shrubs as shown; 7) . A Variance to be allowed to place proposed loading areas in the space between the front fagade of the proposed building and Cedar Street right-of-way (North line) with maneuvering area allowed in the Cedar Street right-of-way as shown; 8) . A Variance to be allowed to place a proposed dumpster area in the space between the front fagade of the proposed building and the Cedar Street 25-Foot Front-yard setback line with the landscaping proposed; 9) . A Variance from the maximum allowed one accessory structure to 5 accessory structures shown including a Concession stand/Maintenance building, a Press Box, two outdoor seating stands and a Scoreboard as shown; 10) . A Variance from the allowed maximum height of 17 feet for accessory structures to a maximum height of 21 feet for a 4 Concession stand/Maintenance building, 43 feet for the proposed Press box and 25 feet for the outdoor seating stands and 25 feet for the proposed Scoreboard; 11) . A Variance from the 25-Foot Front-yard setback along St. Louis Street to a minimum of 3 feet for a proposed accessory structure as shown; 12) . A Variance from the 25-Foot Front-yard setback along St. Peter Street to a minimum of 0 feet for a proposed accessory structure and a running track with game courts as shown; 13) . A Variance from the maximum allowed height of 4 ft. for a fence in the 25-Foot Front-yard setback along Notre Dame Avenue (East line) , LaSalle Avenue (South line) and St. Louis Street (West line) and St. Peter Street (South portion of site) to a maximum height of 6 feet for a proposed chain-link fence as shown; 14) . A Variance from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing a minimum of 47 over-stoXy trees as shown along said property lines; 15) . A Variance of providing one interior parking landscape island at a rate of one island per 15 spaces for a total of four islands for the proposed on--site 49 spaces parking area to the two islands shown; 16) . A Variance from the 25 Foot Front--yard setback along St. Louis Street to a minimum of 5 feet to allow for the placement of proposed game courts with their associated protective fencing as shown. 17) . A Variance from providing 655 on-site parking spaces for proposed athletic fields (stadium) (i.e. 1 space per 5 seats & 1 space for 2 employees) to 49 on-site spaces and 329 proposed off-- site spaces for a proposed 3,250 seat outdoor seating area for a combination football/soccer field and track and field facility as shown with 10 employees ; 18) . A Variance from the maximum allowed 32 square foot for a monument sign to a maximum of 33 square foot for relocating an existing digital sign to the Petition site. The Petitioners are the owners of the real estate parcels shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petitioners 5 have been approached by representatives of the Diocese of Ft. Wayne, who desire to purchase the Petitioner' s properties and build the new St. Joseph High School Campus, athletic fields and parking areas for staff, students and visitors. The attached site plan depicts the proposed layout of the main campus school building and athletic fields to be located in the block bounded by Cedar Street on the north, Notre Dame Avenue on the east, LaSalle Avenue on the south and St. Louis Street on the west. There will be a small parking lot for some staff and visitors located at the northeast corner of the main campus site. The remaining parking areas proposed to service the campus are located to the west of the main campus on the block bounded by Cedar Street on the north, St. Louis Street on the east, Full street on the west and on either side of Madison Street as shown. The Diocese through its representatives is also in discussions with the owners of the property located at the northwest corner of St. Peter Street and LaSalle Avenue to acquire that real estate which will allow for the athletic fields to be fully developed as shown. Once that property is acquired, a Rezoning will be requested on that property to downzone the real estate to the "SF2" Single Family and Two Family zoning classification. The Petitioners are in the process presently of Rezoning the main campus site from "O" Office and "MU" Mixed Use Districts to the "SF2" Single--family and Two Family District. From a planning perspective, the City's "SF2" District appears to best match the proposed school project. Representatives of the contingent purchaser met with the staffs of the Area Plan Commission and the Building Department to review the site plan for the school and to determine the processes required for the projects' approval. Based on those discussions, it was determined that this proposed project would require a Rezoning for the main campus as stated above, along With several Variances for the location of site improvements and landscaping. The off-site parking areas to service the school would be required to have Special Exceptions approved along with Variances for the location of parking spaces and landscaping. The northwest parking area will also require approval of an Alley Vacation Petition for the existing Alleys that bisect the block containing the proposed parking. The request for the Alley Vacations has also been submitted to the City for approval. The preliminary site plan, which is attached to this Petition, shows the location of the main school building, the small parking lot to be located on-site, the proposed delivery areas and the associated athletic fields and proposed accessory buildings and structures. Based on the development standards in the City's "SF2" District the following Variances and Special Exceptions are being requested. The first Variance being requested is from the maximum allowed height of 40 feet to a maximum height of 53 feet for the proposed 6 school building. The school structure is being built into the existing hill, which slopes from Cedar Street on the north to LaSalle Ave. on the south. The elevation difference across the site is approximately 42 feet. The Architect's elevation for the building would not exceed 53 feet from the ground to the highest point of the roof. The building will appear one-story from Cedar Street, but from the south will appear two-stories. The Petitioners do not believe this request would have a detrimental affect since the previous Hospital structure had a height of over ten floors or 100 feet. The next Variances being requested are from the 25-Foot Front-- yard setback along Cedar Street (North property line) to a minimum of 5 feet and from the 25-Foot Front-yard setback along Notre Dame Avenue (Fast property line) to a minimum of 5 feet for a proposed parking area. The proposed school building has its main entrance oriented towards the corner of Cedar Street and Notre Dame Avenue. The intent of this layout allows for a small parking area to be created on the upper tier of the site, and will provide a convenient parking area for some of the school staff and for visitors to the building. The parking has been setback to allow for a landscape buffer area between the spaces and the sidewalk. Previously there were parking and buildings at the property line. Also along both sides of Cedar Street there are angled parking spaces, which back up to the existing walk. These spaces are proposed to remain. The "SF2" district does not specifically address parking spaces, but it is assumed that any parking must be no closer than 25 feet to the front property line. The proposed plan does create a landscape buffer between the spaces and the walk, which will screen the parking spaces. The Petitioners would ask for approval of this Variance with the landscape buffer. The next Variance request is from the required 192 on-site parking spaces for a proposed school with 1,170 classroom seats (1 space/10 seats req. ) and 150 staff members (1 space/2 staff members req. ) to a minimum of 49 on--site parking. spaces and 329 proposed off-site parking spaces as shown. The proposed school campus as designed is providing more than the required parking for staff and students, but due to the nature of developing an urban infill site, the entire amount of required parking can' t be located on the same property as the school building. The main parking areas will be Located close to the main campus on the west side of St. Louis Street. These parking areas will still be convenient to the building entrances on the south and west sides of the building. The Petitioners do not believe approval of this Variance would adversely affect any adjacent properties. The properties for the proposed off-site parking were previously being used for parking for the Hospital. The next Variance request is from the required parking screening of one shrub at a 3.0 ft. on-center spacing along the 7 entire frontage of the proposed parking along Cedar Street and Notre Dame Avenue to a minimum of 47 shrubs as shown. The Petitioners propose to place a minimum of 47 shrubs along the frontage of the parking spaces facing Cedar Street and Notre Dame Avenue. They believe that screening the proposed parking with the shown shrub groupings will create the landscape buffer intended by the Ordinance. They would also say that the proposed landscaping exceeds what was previously along this portion of the site where pavement was up to the property lines. The Petitioners would ask the Board members to agree that the landscaping shown would not be a detriment to any surrounding property and will screen the proposed parking spaces. The next Variance request is from the requirement providing foundation landscaping along Cedar Street (North line) Notre Dame Avenue (East lane) , LaSalle Avenue (South line) and St. Louis Street (West line) at a rate of one tree per 50 ft. of building width and 10 shrubs per 50 ft. of building width to a minimum of 22 trees and 241 shrubs as shown. The Petitioners would state that this school site is unique in that the building faces four street frontages. They are asking flexibility in the placement of landscaping around the building. They would like to group the landscaping at the building entrances as shown and along portions of the building facades to break up the visual impact of the building walls facing the streets . They believe that the landscaping as shown does meet the intent of the Ordinance and at the same time works with the site and the Architecture of the building. They would ask the Board to agree that the proposed landscaping would not adversely affect any adjacent property. The next Variance request is to be allowed to place proposed loading areas in the space between the front fagade of the proposed building and Cedar Street right-of-way (North line) with maneuvering area allowed in the Cedar Street right-of-way as shown. There are two loading areas proposed. The Architect designed the loading areas to work with the function of the interior of the building. The design was to keep the delivery of supplies for the school on the same level that they would be stored and close as possible to the portion of the building where they would be used. The Architects also worked with the City to locate the loading/delivery areas that would have the least traffic .impact conflicts along the adjacent streets and still allow for easy access for trucks to the building. The loading/delivery area will also be screened as much as possible from the street. The Petitioners would ask for approval of this Variance. The next Variance request is similar to last in that approval is being asked to place a proposed dumpster area in the space between the front fagade of the proposed building and the Cedar Street 25-Foot Front-yard setback line with the landscaping proposed. The Architect placed the dumpster/trash compactor along 8 the same driveway being used for deliveries. This would help to keep traffic conflict points to a minimum and still allowed easy access from the street for trash pick-up service. The proposed dumpster area will also be screened from Cedar Street as shown. The Petitioners believe this location was the logical area for the dumpster on this site. They would ask for approval of this Variance. The next Variance request is from the maximum allowed one accessory structure to 5 accessory structures shown including a Concession stand/Maintenance building, a Press box, two outdoor seating stands and a Scoreboard as shown. The "SF2" District permits a school, but the Ordinance as worded allows only one accessory structure on the property. This works for single-family use, but not for a school campus. The Petitioners are requesting a Variance to allow for additional accessory structures that are needed for the school's use. These additional structures include a Concession stand/Maintenance building to service the athletic fields and a Press box for the schools athletic programs including football games, soccer games and track and field events. Approval is also needed to allow for the two proposed seating stands that will be placed on either side of the football/soccer field. The last accessory structure requested is for the proposed Scoreboard, which will be located at the northeast corner of the athletic fields as shown. This will service all the athletic fields and game courts for track and field events. The Petitioners would ask approval to allow these structures' as they believe they are typical of accessory structures for a school campus. They don' t believe these accessory structures would adversely affect surrounding properties. The next requested Variance works in conjunction with the accessory structures mentioned above. The request is from the allowed maximum height of 17 feet for accessory structures to a maximum height of 21 for a proposed Concession stand/Maintenance building, 43 feet for the proposed Press box and 25 feet for the outdoor seating stands and 25 feet for the proposed Scoreboard. This request is to allow accessory structures normally associated with school campus developments to exceed the maximum allowed 17- foot height reserved for accessory buildings such as detached garages in single-family districts. The Petitioners are requesting to have a maximum height of 21 feet for the Concession stand/Maintenance building located along St. Louis Street. This building is to service the athletic field events and also for storage of some of the maintenance equipment. The height for the proposed Press box is 43 feet. The reason for this request is that the Press box is located at the top of the seating stands as shown. The request is also to allow for the construction of the seating stands to a maximum height of 25 feet. The last request for height adjustment is for the proposed Scoreboard to a maximum 9 height of 25 feet. The Scoreboard will be oriented towards the athletic fields and not facing any adjacent properties. The Petitioners would ask for approval of the height Variances, as they do not believe the approval will have a negative impact on surrounding properties. The next requested Variance is from the 25-Foot Front-yard setback along St. Louis Street to a minimum of 3 feet for a proposed accessory structure as shown. The proposed Concession/Maintenance building was located to work with the orientation of the athletic fields and the proximity of the parking areas that would be used by parents, students and visitors attending the school's athletic advents. The building was located to allow for enough room between the Concession stand/Maintenance building and the athletic fields, but oriented so that patrons would be on the side away from St. Louis Street. The Petitioners plan to add landscaping on the west side of the building as shown, which faces St. Louis Street. The Petitioners believe the location of this proposed building with landscaping would not adversely affect adjacent properties. The next Variance request is from the 25-Foot Front-yard setback along St. Peter Street to a minimum of 0 feet for a proposed accessory structure and a running track with game courts as shown. This Variance is being requested which allows the Petitioners to proceed with site improvements around the St. Peter Street frontage and of the Petition site. As mentioned above, the Petitioners are in discussions with the owner of the adjacent property at the northwest corner of St. Peter Street and LaSalle Avenue. This property would be Rezoned to the "SF2" District classification to be the same as the main campus site. A Street and Alley vacation would also be submitted to for the Vacation of St. Peter Street and the adjacent Alleys, so that real estate could be incorporated into the main school campus site. Approval of this Variance would allow for the preparation of the site for the proposed improvements planned in the area of St. Peter Street. Approval of this Variance should not adversely affect the adjacent properties. The next requested Variance is from the maximum allowed height of 4 ft. for a fence in the 25-Foot Front-yard setback along Notre Dame Avenue (East line) , LaSalle Avenue (South line) and St. Louis Street (West line) and St. Peter Street (South portion of site) to a maximum height of 6 feet for a proposed chain-link fence as shown. This Variance is being requested to allow the ability to secure the proposed athletic fields and the associated accessory structures. This Variance is required due to the fact the property is bounded on all sides by public streets. The intent of the "SF2" standards relates to single-family homes and limiting fences in the front yards of those residential dwellings. The Ordinance does not address a situation where a school campus is planned in an urban area such as the shown 10 Petition site. The Petitioners would ask approval of this Variance to be allowed to secure a portion of the school sate. Approval of this Variance should not be detrimental to the surrounding properties. The next requested. Variance is from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing a minimum of 47 over-story trees at a spacing of approximately 80 feet on-center as shown along said property lines. Presently on the Hospital site there were approximately 30 street trees along the perimeter of the site. As proposed, the Petitioners would be adding over 30 street trees to an additional 2050 lineal feet of the perimeter boundary and more trees in designated interior areas of the site. They believe the proposed perimeter landscaping adds a site amenity, which presently does not exist, and still meets the intent of the Ordinance. The plan, as proposed, would provide a continuous tree canopy along the shown perimeter of the site. The Petitioners believe approval of this Variance would not create a negative impact for any adjacent property. The next requested Variance is from the requirement of providing one interior parking landscape island at a crate of one island per 15 spaces for a total of four islands for the proposed on-site 49 spaces parking area to the two islands shown. The Petitioners are asking to build the parking lot as shown with no interior landscape islands at the north side of the parking lot. As designed they would prefer to keep this area open for storing snow, but still allows for the use of the parking spaces. The Petitioner would incorporate the two removed trees into the landscape area around the parking lot. They believe the lot as designed meets the intent of the Ordinance with the proposed landscaping trees and shrubs. The next requested Variance is from the 25-Foot Front-yard setback along St. Louis Street to a minimum of 5 feet to allow for the placement of proposed game courts with their associated protective fencing as shown. The proposed site plan shows the location of two proposed game courts south of the Concession stand/Maintenance building along LaSalle Avenue and St. Louis Street. The Ordinance requires these types of uses to be 25 ft. from the street right-of-way. These game courts were placed to work with the other athletic uses on the site and with the existing topography, which is flat at this location. The Petitioners believe that placing the game courts as shown with the proposed fencing would not have a detrimental affect on adjacent properties. The next Variance is from the requirement of providing 655 on- site parking spaces for proposed athletic fields (stadium) (i .e. 1 space per 5 seats & 1 space for 2 employees) to 49 on-site spaces and 329 proposed off-site spaces for a proposed 3,250 seat 11 outdoor seating area for a combination football/soccer field and track and field facility as shown with 10 employees. The Petitioners would ask approval to use the proposed on-site parking and shown off-site parking to provide 378 spaces for the shown athletic fields and track and field facilities. They are requesting to use the same spaces that are provided for the school and staff. The parking required for the school and those required for athletic events would be used at different times. The athletic events are held after school when the daytime spaces will be free for use. The Petitioners believe that the provided 378 spaces will more than meet the need of the parents, students and visitors for any athletic event held at the school. This amount would exceed the amount of spaces presently available at the existing school site. The Petitioners would prefer not to build more spaces than necessary. The unused spaces would increase the pervious surface of the site as well as adding to the surface runoff which would be created and necessitate handling in a larger drainage storage system on site. The last requested Variance for Parcel "A" is from the maximum allowed 32 square foot for a monument sign to a maximum of 33 square foot for relocating an existing digital sign to the Petition site. The Petitioners would like to be able to use the existing sign they have presently at the old school site. The size of that digital sign is 33 square feet. They plan to take the existing sign and place it in a monument style cabinet. The Variance would allow the re-use of the existing digital sign. The Petitioners do not believe the approval of this Variance for a relocated sign would have a detrimental affect on any of the adjacent properties . As shown on the attached site plan, the Petitioners desire to take the real estate shown as Parcel "B" to use it for off-site parking for the proposed school campus and associated athletic fields . Almost all of this property was previously used for off- site parking for the Hospital. After discussions with the Area Plan Commission staff and Building Department staff, it was determined that since the existing parking lot will be removed and the new parking lot will be configured as shown, Variances would be required. The first requested Variance is from minimum required' 20-Foot Front-yard Setback along St. Louis Street (East line) and Madison Street (South Line) to a minimum of 5 feet for a proposed parking area. The property has a Zoning classification of "MU" Mixed Use, which requires a minimum Parking setback of 20 feet. Presently the existing pavement goes to the property line. The Petitioners desire to place the parking 5 feet from the property line to match their other on-site proposed parking lot and to allow enough area for some landscape screening along a portion of the parking frontage. The Petitioners believe the replacement of the existing broken pavement with new asphalt and proposed 12 landscaping, will provide a visual break between the proposed parking spaces and St. Louis Street. The next requested Variance is from providing one interior parking landscape island at a rate of one island per 15 spaces for a total of fifteen islands for the proposed on-site 211 spaces parking area to the eight islands shown. This Variance request is similar to the request for the on-site parking lot landscape island reduction. The Architects designed the lot to have a storage area for snow that would have the minimum impact on the loss of use of parking spaces. The Petitioners would replace the removed trees within the open space area that will be created on the upper tier area adjacent to Cedar Street. The Petitioners would state that they are removing a large expanse of existing pavement and replacing it with a lawn area. They believe with the relocation of trees and enlarged landscape area they are meeting the intent of the Ordinance and would ask for approval of the Variance. The next requested Variance is from required parking screening of one shrub at a 3.0 ft. on-center spacing along the entire frontage of the proposed parking along St. Louis Street (East line) , Madison Street (South line) to a minimum of 146 shrubs as shown. This Variance request is also similar to the Variance request for the on-site parking area. The Petitioners are adding landscape screening in the area between the proposed parking spaces and driveway and the adjacent sidewalk/parkway along St. Louis Street and Madison Street and Hill Street as shown. Presently, there is no buffer/landscape area between the sidewalk and existing parking. The Petitioners believe the proposed plan will provide a sufficient screening buffer for the proposed parking spaces and paved areas from the adjacent streets and sidewalks. The last Variance for Parcel "B" is from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing a minimum of 18 -over-story trees as shown along said property lines. The placement of the proposed perimeter trees matches the spacing request on the main campus site. The Petitioners believe the addition of the minimum of 18 trees compared with the small amount of trees present today would meet the intent of the Ordinance. The Last portion of this Petition concerns the request to ask for approval of a Special Use Exception for Parcels "B" and "C" shown on the attached site plan, which, are proposed for off-site parking for the school campus. The request for approval of the Special Exception Use is due to the fact that these properties are presently zoned "MU" Mixed Use District. The Ordinance requires that parking lots which do not contain a primary use to 13 be approved as a Special Exception Use. More specifically, the Petitioners are requesting for shown Parcels "B" and "C", approval of a Special Exception Use as allowed under Section 21- 03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) . The Petitioners and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception Use to allow for off-site parking lots for the proposed school project, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . The Petitioners and the contingent purchasers believe that moving the proposed school campus to the shown Petition site would have a positive effect on the neighborhood, as it will take an existing Hospital site which is vacant and allow for a new use which will serve the community for decades to come. The Petitioners believe that approval of the above Special Exception Use for the proposed school will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners and contingent purchasers would ask the Board Members to agree that approval of the above described Variances and the Special Exception Uses will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contends that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and the Special Exception Uses are sought: that the need for the Variances and the Special Exception Uses arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the petition for the Variances and Special Exception Uses will not be injurious to the public health, Safety, morals, or general welfare of the community. ' I attest, under the penalties for perjury, that the foregoing representations are tr Michael J. Danch Ili President Danch, Harner & Associates, Inc. ' r Property Owners Within 300 Feet Saint Joseph's Regional Medical Pregnancy Help Center Inc. John Jr.Patricia & Margaret Larkin Center South Bend Campus Inc. PO Box 283 919 E LaSalle Ave 811 E Madison Mishawaka, IN. 46546 South Bend, IN, 46617 South Bend, IN. 46617 Tax Key#018 5020 071801 Tax Key#018 5020 0727 Tax KPv*n1R sgoo nsUn1 Howard & Patricia Sappington Michael Ferkovic Aaron Yoder 923 E LaSalle Ave 3134 W Masters St 3606 Corby Blvd, South Bend, IN. 46617 Philadelphia, PA. 19121 South Bend, IN. 46615 Tax Key#018 5020 0728 Tax Key#018 5020 0730 Tax Key#018 5020 0726 Kenneth Breen Saint Joseph Medical Center Inc Dean Domogala 24330 State Road 4 314 N Notre Dame 311 N Francis North Liberty, IN. 46554 South Bend, IN. 46601 South Bend, IN. 46617 Tax Key#018 5020 0725 Tax Key#018 5020 0718 Tax Key#018 5020 0721 Christopher Gaines & Donna Andrew Zywicki Saint Joseph Regional Medical Cente Kirkpatrick 321 N Francis South Bend Campus Inc 315 Francis South Bend, 1N, 46617 PO Box 1935 South Bend, IN. 46617 Tax Key#018 5020 0717 South Bend, IN. 46634 Tax KPv#n1 5fl9f) 072n Tax KPv#0 1A sn;)n n71R 328 Notre Dame Avenue LLC Saint Joseph's Regional Medical Gross&Cohen Notre Dame LLC PO Box 1244 Center-South Bend Campus Inc. 374 Old Montague Rd Mishawaka, IN. 46546 PO Box 1935 Amherst, MA. 01002 Tax Key#018 5020 0708 South Bend, IN. 4664 Tax Key#018 5020 0715 Tax KPv*n1.9 sn2f) n707 Saint Joseph's Regional Medical Saint Joseph's Regional Medical Three Sister's B&B LLC Center-South Bend Campus Inc Center-South Bend Campus, Inc. 1905 Campbell St 920 E Madison 811 E Madison Valparaiso, IN. 46385 South Bend, IN. 46617 South Bend, IN, 46617 Tax Key#018 5020 0679 Tax KPv 4! n1A 5n7n n714 Tax KPv#n1R .cin7n oRAI Lex Lie Company Inc. Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend 944 Spaulding Avenue 226 N Hill Street 226 N Hill Ada, Mi. 49301 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5019 0656 Tax Key# 018 5006 0138 Tax Key#018 5006 0137 Diocese of Fort Wayne-South Send Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend 226 N Hill 226 N Hill 226 N Hill St South Bend, IN, 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5006 0144 Tax Key#018 5006 0145 Tax Key#018 5006 0140 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Wayne South Bend Fort Wa se of ce F 226 N Hill St St.Joseph Church South Bend Diocese a Hill F y South Bend, IN. 46617 211 N St.Louis South Bend, IN. 46617 Tax Key#018 5006 0139 South Bend, IN. 46617 Tax Key#018 5006 0141 Tax KPv#n 1 A snnR n148 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Cory Defebaugh Life Estate reserv( Inc Inc Margaret Shafer 226 N Hill 211 N St.Louis Blvd 1220 N Kaley South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN, 46617 Tax KPv*1118 c;nns()I 4R Tax KQv#018 c;nns [1144 Tax Kau#n1 R SO 15 047;3 Mary Ann Hatch - Gladys Cronk Trust Coup Real Estate LLC Coup Real Estate LLC 2140 Barnett St PO Box 535 PO Box 535 Oxnard, CA. 93033 Bridgman, MI. 49106 Bridgman, MI. 49106 Tax Key#018 5015 0471 Tax Key#018 5015 0474 Tax Key#018 5015 0475 Martha & Laszlo Nemeth Gross & Cohen Notre Dame LLC Gross & Cohen Notre Dame LLC 14860 Brick Rd 374 Old Montague Rd 374 Old Montague Rd Granger, IN. 46530 Amherst, MA. 01002 Amherst, MA. 01002 Tax Key#018 5015 0476 Tax Key#018 5015 0477 Tax Key#018 5015 0484 Leeann C Rappelli Dan Hamilton Dan C Hamilton PO Box 644 PO Box 1623 PO Box 1623 Notre Dame, IN. 46556 South Send, IN. 46634 South Bend, IN. 46634 Tax Key#018 5015 0483 Tax Key#018 501 5 0486 Tax Key#018 5015 0485 Leeann C Rappelli Leeann C Rappelli Kerri A Kramer PO Box 644 PO Box 644 812 Lasalle St Notre Dame, IN. 46556 Notre Dame, IN. 46556 South Bend, IN,46617 Tax Key#018 5015 0488 Tax Key#018 5015 0487 Tax Key#018 5016 052001 Leeann C Rappelli Gross & Cohen Notre Dame LLC Cheryl Ford-Werner PO Box 644 374 Old Montague Rd 224 N Saint Peter St Notre Dame, IN. 46556 Amherst, MA. 01002 South Bead, IN. 46617 Tax Key#018 5016 0520 Tax Key#018 5016 0522 Tax Key#018 5016 0523 Kerri Kramer ENDO Properties LLC ENDO Properties LLC 13937 Hearthside Dr 225 North Notre Dame Ave 225 North Notre Dame Ave Granger, IN. 46530 South Bend, IN. 46617 South Bend, 1N, 46617 Tax Key# 018 5016 0524 Tax Key#018 5016 0536 Tax Key#018 5016 0537 LaSalle LLC ENDO Properties LLC Ob-Gyn Associates of South Bend 814 Lasalle 225 North Notre Dame Ave 610 N Michigan South Bend, IN, 46601 South Bend, IN, 46617 South Bend, IN. 46601 Tax Key#018 5016 0535 Tax Key#018 5016 0539 Tax Key#018 5016 0551 Ob Gyn Associates of South Bend Ob Gyn Associates of South Bend OB Gyn Associates of South Send 610 N Michigan Street 610 N Michigan 610 N Michigan South Bend, IN. 46601 South Bend, IN, 46601 South Bend, IN, 46601 Tax Key#018 5016 0554 Tax Key#018 5016 0550 Tax Key#018 5016 0552 Ob Gyn Assoicates of South Bend Eddy Property Dev LLC Ob Gyn Associates of South Bend 610 N Michigan 211 N Eddy St 610 N Michigan South Bend, IN. 46601 South Bend, IN, 46617 South Bend, IN. 46601 Tax Key#018 5016 0553 Tax Key#018 5016 055601 Tax Key*018 5016 0556 Ob Gyn Associates of South Bend William Paul LLC Gross & Cohen Notre Dame LLC 610 N Michigan 926 E Lasalle 374 Old Montague Rd South Bend, IN. 46601 South BendjN. 46617 Amherst, MA. 01002 Tax Key#018 5016 0556 Tax Key#018 5016 0559 Tax Key#018 5026 0941 Gerogia Ann Murphy/Mabie Brown .lames Bowers Gregory Portolese 509 N Notre Dame 915 E Cedar 919 E Cedar St South Bend, IN, 46617 South Bend, 1N. 46617 South Bend, IN, 46617 Tax Key#018 5026 094101 Tax Key#018 5026 0945 Tax Key#018 5026 0946 Gregory Portoiese Gross & Cohen Notre Dame LLC Gross & Cohen Notre Dame LLC 919 Cedar St 374 Old Montague Rd, 374 Old Montague Rd South Bend, IN. 46617 Amherst, MA, 01002 Anmherst, MA. 01002 Tax Key#018 5026 0947 Tax Key#018 5026 0943 Tax Key#018 5026 0944 Lorraine Macswain Kenneth Kent Jr Gros s & Cohen Notre Dame LLC 623 Woodside Way 15398 Roscommon Ln 374 Old Montague Rd Redwood City, CA. 94062 Granger, 1N.A6530 Amherst, MA. 01002 Tax Key#018 5026 0932 Tax Key#018 5826 093501 Tax Key#018 5026 0933 Kenneth Kent Kenneth Kent& Mark Kramer Saint Joseph Regional Medical Center 15398 Roscommon Lane 812 E Lasalle South Bend Campus Granger, IN. 46530 South Bend, IN. 46617 PO Box 1935 Tax Key#018 5026 093401 Tax Key#018 5026 0930 South Bend, IN. 46634 Tex Kav*n18 Fin?4 ngsn Saint Joseph's Regional Medical KW Building Corp. ND Realty Center South Bend Campus 211 N St.Peter 52273 Tally Ho PO Box 1935 South Bend, IN. 46617 South Bend, IN. 46635 South Bend, IN. 46634 Tax Key#018 5015 0489 Tax Key#018 5009 0263 Tax Kav F: nis S0?4 mrinn1 Kenneth Breen Dennis Daniels& Randall Smith Mutual Bank 24330 State Road 4 Charlotte Smith Res Life Estate 4100 Edison Lakes Parkway North Liberty, IN. 46554 619 LaSalle . Suite 300 Tax Key#018 5020 0725 South Send, IN. 46617 Mishawaka, IN. 46546 Tax Kav#MA Snnq n775 Tax K¢v it n1 n .FSnnq 078 Taddeo Holdings Gerard McDonald ate Est P Real 623 E LaSalle 15677 Leminaire AJ AJ Box l Est South Bend, IN. 46617 Mishawaka, IN. 46545 South Bend, !N. 46660 Tax Key#018 5009 0271 Tax Key#018 5009 0273 Tax Key#018 5026 0942 Saint Joseph's Regional Medical St.Joseph's Regional Medical Center Judith Casey Center South Bend Campus South Bend Campus 6340 Grandview Dr 811 E Madison PO Box 1935 Indianapolis, IN, 46260 South Bend, 1N. 46617 South Bend, IN. 46634 Tax Key#018 5009 0243 Tax Kav#n1R rinnq 0249 TRax KPV*01 5nnA 054 Camiel and Rose Van De Waffle Saint Joseph's Regional Medical Saint Joseph's Regional Medical 413 N St.Louis Center-South Bend Campus Center South Bend Campus Inc South Bend, IN. 46617 811 E Madison 811 E Madison Tax Key*018 5009 0258 South Bend, IN. 46617 South Bend, IN. 46617 Tax Kav#niR 5nnq n245 Tax Kpv it n1 R snn.1 n957 St.Joseph's Regional Medical Center Robbie& Eva Mai Grimes Michael McKinnies-Santos South Bend Campus 609 E Cedar.St Fernandez 811 E Madison St PO Box 1935 South Bend, IN. 46617 55300 Orange Road South Bend, IN. 46634 Tax Key#018 5024 0817 South Bend, IN. 46628 Tax Kau#f)19.509A 0825 Tax Kpv#0 1R 5n24 nR1n Karma and Associates Co Virginia Hernandez First Cleveland Mortgage 1475 Anvil Ct PO Box 11700 7100 E Pleasant Valley Ste 145 Bartlett, IL. 60103 South Bend, IN, 46637 Independence, OH. 44131 Tax Key#018 5024 0818 Tax Key#018 5024 0815 Tax Key#018 5024 0814 MHenning Properties LLC Helen Rozum, Joseph Zoucha, Madison Center Inc 1439 Semar Ct Mary Dainelli Mary Behrendt 600 1st Source Bank Center Mount Prospect, IL. 60056 903 Bergamot Dr South Bend, IN.46601 Tax Key#018 5024 0813 Savoy,f L. 61874 Tax Key#018 5008 0195 Tax Kav#nis 5n24 nR12 Madison Center Inc Madison Center Inc Madison Center Inc 403 E Madison 403 E Madison St 403 E Madison South Bend, IN. 46624 South Bend, IN, 46624 South Bend, IN. 46617 Tax Key*018 5008 0201 Tax Key#018 5008 0209 Tax Key#018 5008 0208 Madison Center Inc Madison Center Inc Madison Center Inc 600 1st Source Bank Center 600 1st Source Bank Center 600 1st Source Bank Center South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5008 0210 Tax Key#018 5008 0211 Tax Key#018 5008 0212 Madison Center Madison Center Inc Madison Center Inc 403 E Madison St 600 1st Source Center 600 1st Source Bank Center South Bend, IN. 46617 South Bend, IN. 46601 South. Bend, IN. 46601 Tax Key#018 5008 0214 Tax Key#018 5008 0215 Tax Key#018 5008 0217 Madison Center Inc Madison Center Inc Madison Center Inc 403 E Madison 600 1st Source Bank Center 600 1st Source Bank Center South Send, IN.46617 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5008 0216 Tax Key#018 5008 0202 Tax Key#018 5008 0218 Burkhart Advertising Inc M Anderson LLC Joseph & Kathleen Crimmins 1335 Mishawaka.Ave 1224 E Wayne 18010 Chipstead Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN, 46637 Tax Key#018 5008 0226 Tax Key#018 5008 0227 Tax Key#018 5008 0228 Joseph & Kathleen Crimmins Mary Kambol,Joseph Kambol Mary Kambof,Joseph Kambol 18010 Chipstead Dr Deanna Kambol Deanna Kambol South Bend, !N. 46637 21877 Shady Hollow Lane 21877 Shady Hollow Lane Tax Key#018 5008 0229 South Bend, IN. 46628 South Bend, IN. 46628 Tax KPv#0 1 A SOnA n931 Tax Kav#n1 A .runs n2m Saint Joseph's Regional Medical Roman Smith 2010 Revocable Trust Saint Joseph's Regional Medical Center- South Bend Campus Inc 618 E Madison Center-South Send Campus 811 E Madison South Bend, IN. 46617 811 E Madison South Bend, IN. 46617 Tax Key#018 5009 0269 South Bend, IN. 46617 Tax Kpv#n1 R sooq n*270 Tax Kpv#n1 R 5onc) n7Fi1 Roman J Smith Revocable Trust 2010 Saint Joseph's Regional Medical Timothy Hoban,Mary Ricci,Michael 618 E Madison St Center-South Bend Campus Hoban, Patrick Hoban South Bend, IN. 46617 801 E Lasalle St 205 N St.Louis Tax Key#018 5009 0267 South Bend, IN. 46601 South Bend, IN. 46617 Tax Kpv#f)1 R 5noq ogss Tax Kpv it n1R ..gf)op ng,;5 Timothy Hoban,Mary Ricci, Michael Frank& Suzanne Petsche Mary Kambol,Joseph & Deanna Hoban, Patrick Hoban,Maurice Hoban 17401 Eldorado Lane Kambof 205 N St.Louis South Bend, IN. 46635 21877 Shady Hollow Lane South Bend, 1N. 46617 Tax Key#018 5008 0234 South Bend, IN. 46628 Tax Kpv#01 R SnnR n?.is Tax Kav it n s 5f)nA n9ni Mary Kambol Joseph Kambol Eberhart Partnership Deanna Kambol 316 S Eddy 21877 Shady Hollow Lane South Bend, IN. 46617 South Bend, IN.46628 Tax Key#018 5008 0225 Tax Kpv#MR 5nnR n?.,;2 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 May 5, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for St. Joseph Regional Medical Center South Bend Campus, Inc., Roman J. Smith 2010 Revocable Trust, Camiel & Rose VanDeWalle and Judith Casey ABZA 514/11 Dear Council Members: The above referenced petition of St. Joseph Regional Medical Center South Bend Campus, Inc., Roman J. Smith 2010 Revocable Trust, Camiel & Rose VanDeWalle and Judith Casey was legally advertised on April 14, 2011. The Area Board of Zoning Appeals gave it a public hearing on May 4, 2011, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for off site parking, on property located at 413, 417 & 425 St. Louis Street and 418, 420 & 428 Hill Street is sent to the Common Council with a Favorable Recommendation with the condition that additional landscaping is provided per Area Plans recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere1 , Charles C. Bulot, C.B.Q. Building Commissioner CCB/cah ST.JOSEPH REGIONAL MEDICAL CENTER SOUTH BEND CAMPUS, ROMAN J. SMITH, VA.NDEWALLE & CASEY PARCEL C SPECIAL EXCEPTION PURSUANT 21-49.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT I- THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building,fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the .Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND C0MPREHENS1VF PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating, from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4th Day of MAY, 201 1, YES NO Q MICHAEL URBANSKI ABSENT RANDALL MATTHYS JACK YOUNG ® GERALD PHIPPS 0 ROBERT HAWLEY 0 JOE VELLEMAN Q BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY,INDIANA FOR THE PROPERTIES LOCATED AT (327 ST. LOUIS STREET, 333 ST. LOUIS STREET, 325 ST. LOUIS STREET, AND 336 HILL STREET,ALL IN SOUTH BEND,INDIANA) WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the properties located at: (327 ST. LOUIS STREET,333 ST.LOUIS STREET, 325 ST.LOUIS STREET, AND 336 HILL STREET,ALL IN SOUTH BEND,INDIANA) in order to permit: The Approval of a Special Exception to allow for off-site parking lot for properties located at 327 St. Louis Street, 333 St. Louis Street, 325 St. Louis Street and 336 Hill Street all in South Bend, Indiana per Section 21-03.02 (2)(D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use(Off-site Parking). 2 SECTION U. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana.,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 4 m stift of Member of the c t „4 Fsr.Bv&�: ::: 4�2?e.;"f$��y,. :eb,`ywi�.�.T+ em Common amcil Wk-1`toan `s ` U �� t. PRESkNTED �..-.,,... NOT APPROVED WPB 9 AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED 20 NOTIFIED 20 HEARING 20 APPEAL Applicant's Name(s) : ST. JOSEPH REGIONAL MEDICAL CENTER JUDITH CASEY SOUTH BEND CAMPUS, INC. 6340 GRANDVIEW DRIVE 811 EAST MADISON STREET INDIANAPOLIS, INDIANA SOUTH BEND, INDIANA 46617 46260 (574) 335-5000 (317) 251-9392 ROMAN J. SMITH 2010 REVOCABLE TRUST 618 EAST MADISON STREET SOUTH BEND, INDIANA 46617 (574) 287-4829 CAMIEL & ROSE VAN DE WALLE 413 NORTH ST. LOUIS STREET SOUTH BEND, INDIANA 46617 (574) 233-1816 Address of Properties: PARCEL "A"': 600 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, PARCEL "B": 413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 425 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 418 HILL STREET, SOUTH BEND, INDIANA 46617 428 HILL STREET, SOUTH BEND, INDIANA 46617 420 HILL STREET, SOUTH BEND, INDIANA 46617 PARCEL "C" 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 336 HILL STREET, SOUTH BEND, INDIANA 46617 Present zoning of Properties: PARCEL "All: 600 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, "On OFFICE & "MUD' MIXED USE DISTRICT, PENDING REZONING TO "SF2- SINGLE FAMILY & TWO FAMILY DISTRICT; 2 PARCEL 413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU`f MIXED USE DISTRICT 417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 425 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 418 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 428 HILL STREET, SOUTH BEND, INDIANA 46617- "MU- MIXED USE DISTRICT 420 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT PARCEL "C": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU- MIXED USE DISTRICT 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617-- "MU" MIXED USE DISTRICT 336 HILL STREET, SOUTH BEND, INDIANA 46617- %MU- MIXED USE DISTRICT Owner's Names: ST. JOSEPH REGIONAL MEDICAL CENTER JUDITH CASEY SOUTH BEND CAMPUS, INC. 6340 GRANDVIEW DRIVE 811 EAST MADISON STREET INDIANAPOLIS, INDIANA SOUTH BEND, INDIANA 46617 46260 (574) 335-5000 (317) 251-9392 ROMAN J. SMITH 2010 REVOCABLE TRUST 618 EAST MADISON STREET SOUTH BEND, INDIANA 46617 (574) 287-4829 CAMIEL & ROSE VAN DE WALLE 413 NORTH ST. LOUIS STREET SOUTH BEND, INDIANA 46617 (574) 233-1816 Counsel or Consultant:DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 600 OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617 413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 425 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 336 HILL STREET, SOUTH BEND, INDIANA 46617 418 HILL STREET, SOUTH BEND, INDIANA 46617 428 HILL STREET, SOUTH BEND, INDIANA 46617 420 HILL STREET, SOUTH BEND, INDIANA 46617 3 NATURE OF APPEAL: VARIANCE REQUESTS: PARCEL "All: 1) . A Variance from the maximum allowed height of 40 feet to a maximum height of 53 feet for a proposed building; 2) . A Variance from the 25-Foot Front-yard setback along Cedar Street (North property lane) to a minimum of 5 feet for a proposed parking area; 3) . A Variance from the 25-Foot Front-yard setback along Notre Dame Avenue (East property line) to a minimum of 5 feet for a proposed parking area; 4) . A Variance from the required 192 on-site parking spaces for a proposed school, with 1,170 classroom seats (1 space/10 seats req. ) and 150 staff members (1 space/2 staff members req. ) to a minimum of 49 on-site parking spaces and 329 proposed off-site parking spaces as shown; 5) . A Variance from the required parking screening of one shrub at a 3.0 ft. on-center spacing along the entire frontage of the proposed parking along Cedar Street and Notre Dame Avenue to a minimum of 47 shrubs as shown; G) . A Variance from the requirement providing foundation landscaping along Cedar Street (North line) Notre Dame Avenue (East line) , LaSalle Avenue (South line) and St. Louis Street (West line) at a rate of one tree per 50 ft. of building width and 10 shrubs per 50 ft. of building width to a minimum of 22 trees and 241 shrubs as shown; 7) . A Variance to be allowed to place proposed loading areas in the space between the front fagade of the proposed building and Cedar Street right-of-way (North line) with maneuvering area allowed in the Cedar Street right-of-way as shown; 8) . A Variance to be allowed to place a proposed dumpster area in the space between the front fagade of the proposed building and the Cedar Street 25-Foot Front-yard setback line with the landscaping proposed; 9) . A Variance from the maximum allowed one accessory structure to 5 accessory structures shown including a Concession stand/Maintenance building, a Press Box, two outdoor seating stands and a Scoreboard as shown; 10) . A Variance from the allowed maximum height of 17 feet for accessory structures to a maximum height of 21 feet for a 4 Concession stand/Maintenance building, 43 feet for the proposed Press box and 25 feet for the outdoor seating stands and 25 feet for the proposed Scoreboard; 11) . A Variance from the 25-Foot Front-yard setback along St. Louis Street to a minimum of 3 feet for a proposed accessory structure as shown; 12) . A Variance . from the 25-Foot Front-yard setback along St. Peter Street to a minimum of 0 feet for a proposed accessory structure and a running track with game courts as shown; 13) . A Variance from the maximum allowed height of 4 ft. for a fence in the 25-Foot Front-yard setback along Notre Dame Avenue (East line) , LaSalle Avenue (South line) and St. Louis Street (West line) and St. Peter Street (South portion of site) to a maximum height of 6 feet for a proposed chain-link fence as shown; 14) . A Variance from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing a minimum of 47 over-story trees as shown along said property lines; 15) . A Variance of providing one interior island at a rate of one island Parking landscape islands for the proposed on-site r49 5spacess for a total area f four two islands shown; P Parking area to the 16) . A Variance from the 25 Foot Front-yard setback along St. Louis Street to a minimum of 5 feet to allow for the placement of proposed game courts with their associated protective fencing as shown. 17) . A Variance from providing 655 on-site parking spaces for Proposed athletic fields (stadium) (i.e. 1 space per 5 seats & 1 space for 2 employees) to 49 on-site spaces and 329 proposed off- site spaces for a proposed 3,250 seat outdoor seating area for a combination football/soccer field and track and field facility as shown with 10 employees; 18) . A Variance from the maximum allowed 32 square foot for a monument sign to a maximum of 33 square foot for relocating an existing digital sign to the Petition site. The Petitioners are the owners of the real estate parcels shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petitioners 5 have been approached by representatives of the Diocese of Ft. Wayne, who desire to purchase the Petitioner's properties and build the new St. Joseph High School Campus, athletic fields and parking areas for staff, students and visitors . The attached site Plan depicts the proposed layout of the main campus school building and athletic fields to be located in the block bounded by Cedar Street on the north, Notre Dame Avenue on the east, LaSalle Avenue on the south and St. Louis Street on the west. There will be a small parking lot for some staff and visitors located at the northeast corner of the main campus site. The remaining parking areas proposed to service the campus are located to the west of the main campus on the block bounded by Cedar Street on the north, St. Louis Street on the east, Hill street on the west and on either side of Madison Street as shown. The Diocese .through its representatives is also in discussions with the owners of the property located at the northwest corner Of St. Peter Street and LaSalle Avenue to acquire that real estate which will allow for the athletic fields to be fully developed as shown. Once that property is acquired, a Rezoning will be requested on that property- to downzone the real estate to the "SF2" Single Family and Two Family zoning classification. The Petitioners are in the process presently of Rezoning the main campus site from "O" Office and "MU"' Mixed Use Districts to the "SF2" Single-family and Two Family District. From a planning perspective, the City's "SF2" District appears to best match the proposed school project. Representatives of the contingent purchaser met with the staffs of the Area Plan Commission and the Building Department to review the site plan for the school and to determine the processes required for the projects' approval. Based on those discussions, it was determined that this proposed project would require a Rezoning for the main campus as stated above, along with several Variances for the location of site improvements and landscaping. The off-site parking areas to service the school would be required to have Special Exceptions approved along with Variances for the location of parking spaces and landscaping. The northwest parking area will also require approval of an Alley Vacation Petition for the existing Alleys that bisect the block containing the proposed parking. The request for the Alley Vacations has also been submitted to the City for approval. The preliminary site plan, which is attached to this Petition, shows the location of the main school building, the small parking lot to be located on-site, the proposed delivery areas and the associated athletic fields and proposed accessory buildings and structures. •. Based on the development standards in the City's "SF2" District the following Variances and Special Exceptions are being requested. The first Variance being requested is from the maximum allowed height of 40 feet to a maximum height of 53 feet for the proposed 6 school building. The school structure is being built into the existing hill, which slopes from Cedar Street on the north to LaSalle Ave. on the south. The elevation difference across the site is approximately 42 feet. The Architect's elevation for the building would not exceed 53 feet from the ground to the highest point of the roof. The building will appear one-story from Cedar Street, but from the south will a ppear two-stories. The Petitioners do not believe this request affect since the previous Hospital structure hadaaahei ht of ten floors or 100 feet. g e The next Variances being requested are from the 25-Foot Front- yard setback along Cedar Street (North property line) to a minimum of 5 feet and from the 25-Foot Front-yard setback along Notre Dame Avenue (East property lane) to a minimum of 5 feet for a proposed parking area. The proposed school building has its :pain entrance oriented towards the corner of Cedar Street and Notre Dame Avenue. The intent of this layout allows for a small parking area to be created on the upper tier of the site, and will provide a convenient parking area for some of the school staff and for visitors to the building. The parking has been setback to allow for a landscape buffer area between the spaces and the sidewalk. Previously there were parking and buildings at the property line. Also along both sides of Cedar Street there are angled parking spaces, which back up to the existing walk. These spaces are proposed to remain. The "SF2" district does not specifically address parking spaces, parking but it is assumed that any must be no closer than 25 feet to the front property line. The proposed plan does create a landscape buffer between the spaces and the walk, which will screen the parking spaces. The Petitioners would ask for approval of this Variance with the landscape buffer. The next Variance request is from the required 192 on-site parking spaces for a proposed school with 1,170 classroom seats (I space/10 seats req. ) and 150 staff members (I space members req.) to a minimum of 49 on-site parking spaces/2 staff and 329 proposed off-site parking spaces as shown. The proposed school campus as designed is providing more than the required parking for staff and students, but due to the nature of developing an urban infill site, the entire amount of required parking can't be located on the same property as the school building. parking areas will be located close to the main campus The on main west side of St. Louis Street. These parking areas will still be convenient to the building entrances on the south and west sides of the building. The Petitioners do not believe approval of this Variance would adversely affect any adjacent properties For the proposed properties. The off-site parking were previously being used for parking for the Hospital. The next Variance request is from the re screening of one shrub at a 3.0 ft. on-center spacing along the parking 8 the same driveway being used for deliveries. This would help to keep traffic conflict points to a minimum and still allowed easy access from the street for trash pick-up service. The proposed dumpster area will also be screened from Cedar Street as shown. The Petitioners believe this location was the logical area for the dumpster on this site. They would ask for approval of this Variance. The next Variance request is from the maximum allowed one accessory structure to 5 accessory structures shown including a Concession stand/Maintenance building, a Press box, two outdoor seating stands and a Scoreboard as shown. The "SF2" Distract permits a school, but the Ordinance as worded allows only one accessory structure on the property. This works for single-family use, but not for a school campus. The Petitioners are requesting a Variance to allow for additional accessory structures that are needed for the school's use. These additional structures include a Concession stand/Maintenance building to service the athletic fields and a Press box for the schools athletic programs including football games, soccer games and track and field events. Approval is also needed to allow for the two proposed seating stands that will be placed on either side of the football/soccer field. The last accessory structure requested is for the proposed Scoreboard, which will be located at the northeast corner of the athletic fields as shown. This will service all the athletic fields and game courts for track and field events. The Petitioners would ask approval to allow these structures' as they believe they are typical of accessory structures for a school campus. They don't believe these accessory structures would adversely affect surrounding properties. The next requested Variance works in conjunction with the accessory structures mentioned above. The request is from the allowed maximum height of 17 feet for accessory structures to a maximum height of 21 for a proposed Concession stand/Maintenance building, 43 feet for the proposed Press box and 25 feet for the outdoor seating stands and 25 feet for the proposed Scoreboard. This request is to allow accessory structures normally associated with school campus developments to exceed the maximum allowed 17- foot height reserved for accessory buildings such as detached garages in single-family districts. The Petitioners are requesting to have a maximum height of 21 feet for the Concession stand/Maintenance building located along St. Louis Street. This building is to service the athletic field events and also for storage of some of the maintenance equipment. The height for the proposed Press box is 43 feet. The reason for this request is that the Press box is located at the top of the seating stands as shown. The request is also to allow for the construction of the seating stands to a maximum height of 25 feet. The last request for height adjustment is for the proposed Scoreboard to a maximum 9 height of 25 feet. The Scoreboard will be oriented towards the athletic fields and not facing any adjacent properties. The Petitioners would ask for approval of the height Variances, as they do not believe the approval will have a negative impact on surrounding properties. The next requested Variance is from the 25-Foot Front-yard setback along St. Louis Street to a minimum of 3 feet for a proposed accessory structure as shown. The proposed Concession/Maintenance building was located to work with the orientation of the athletic fields and the proximity of the parking areas that would be used by parents, students and visitors attending the school's athletic advents. The building was located to allow for enough room between the Concession stand/Maintenance building and the athletic fields, but oriented so that patrons would be on the side away from St. Louis Street. The Petitioners plan to add landscaping on the west side of the building as shown, which faces St. Louis Street. The Petitioners believe the location of this proposed building with landscaping would not adversely affect adjacent properties. The next Variance request is from the 25-Foot Front-yard setback along St. Peter Street to a minimum of 0 feet for a proposed accessory structure and a running track with game courts as shown. This Variance is being requested which allows the Petitioners to proceed with site improvements around the St. Peter Street frontage and of the Petition site. As mentioned above, the Petitioners are in discussions with the owner of the adjacent property at the northwest corner of St. Peter Street and LaSalle Avenue. This property would be Rezoned to the "SF2" District classification to be the same as the main campus site. A Street and Alley vacation would also be submitted to for the Vacation of St. Peter Street and the adjacent Alleys, so that areal estate could be incorporated into- the main school campus site. Approval of this Variance would allow for the preparation of the site for the proposed improvements planned in the area of St. Peter Street. Approval of this Variance should not adversely affect the adjacent properties. The next requested Variance is from the maximum allowed height of 4 ft. for a fence in the 25-Foot Front-yard setback along Notre Dame Avenue (East line) , LaSalle Avenue (South line) and St. Louis Street (West line) and St. Peter Street (South portion of site) to a maximum height of 6 feet for a proposed chain--link fence as shown. This Variance is being requested to allow the ability to secure the proposed athletic fields and the associated accessory structures. This Variance is required due to the fact the property is bounded on all sides by public streets. The intent of the "SF2" standards relates to single-family homes and limiting fences in the front yards of those residential dwellings. The Ordinance does not address a situation where a school campus is planned in an urban area such as the shown 10 Petition site. The Petitioners would ask approval of this Variance to be allowed to secure a portion of the school site. Approval of this Variance should not be detrimental to the surrounding properties. The next requested Variance is from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing a minimum of 47 over-story trees at a spacing of approximately 80 feet on--center as shown along said property lines. Presently on the Hospital site there were approximately 30 street trees along the perimeter of the site. As proposed, the Petitioners would be adding over 30 street trees to an additional 2050 lineal feet of the perimeter boundary and more trees in designated interior areas of the site. They believe the proposed perimeter landscaping adds a site amenity, which presently does not exist, and still meets the intent of the Ordinance. The plan, as proposed, would provide a continuous tree canopy along the shown perimeter of the site. The Petitioners believe approval of this Variance would not create a negative impact for any adjacent property. The next requested Variance is from the requirement of providing one interior parking landscape island at a rate of one Island per 15 spaces for a total of four islands for the proposed on-site 49 spaces parking area to the two islands shown. The Petitioners are asking to build the parking lot as shown with no interior landscape islands at the north side of the parking lot. As designed they would prefer to keep this area open for storing snow, but still allows for the use of the parking spaces. The Petitioner would incorporate the two removed trees into the landscape area around the parking lot. They believe the lot as designed meets the intent of the Ordinance with the proposed landscaping trees and shrubs. The next requested Variance is from the 25-Foot Front-yard setback along St. Louis Street to a minimum of 5 feet to allow for the placement of proposed game courts with their associated protective fencing as shown. The proposed site plan shows the location of two proposed game courts south of the Concession stand/Maintenance building along LaSalle Avenue and St. Louis Street. The Ordinance requires these types of uses to be 25 ft. from the street right-of-way. These game courts were placed to work with the other athletic uses on the site and with the existing topography, which is flat at this location. The Petitioners believe that placing the game courts as shown with the proposed fencing would not have a detrimental affect on adjacent properties. The next Variance is from the requirement of providing 655 on- site parking spaces for proposed athletic fields (stadium) (i.e. 1 space per 5 seats & 1 space for 2 employees) to 49 on-site spaces and 329 proposed off-site spaces for a proposed 3,250 seat 13. outdoor seating area for a combination football/soccer field and track and field facility as shown with 10 employees . The Petitioners would ask approval to use the proposed on-site parking and shown off-site parking to provide 378 spaces for the shown athletic fields and track and field facilities. They are requesting to use the same spaces that are provided for the school and staff. The parking required for the school and those required for athletic events would be used at different times. The athletic events are held after school when the daytime spaces will be free for use. The Petitioners believe that the provided 378 spaces will more than meet the need of the parents, students and visitors for any athletic event held at the school. This amount would exceed the amount of spaces presently available at the existing school site. The Petitioners would prefer not to build more spaces than necessary. The unused spaces would increase the pervious surface of the site as well as adding to the surface runoff which would be created and necessitate handling in a larger drainage storage system on site. The last requested Variance for Parcel "A" is from the maximum allowed 32 square foot for a monument sign to a maximum of 33 square foot for relocating an existing digital sign to the Petition site. The Petitioners would like to be able to use the existing sign they have presently at the old school site. The size of that digital sign is 33 square feet. They plan to take the existing sign and place it in a monument style cabinet. The Variance would allow the re-use of the existing digital sign. The Petitioners do not believe the approval of this Variance for a relocated sign would have a detrimental affect on any of the adjacent properties. As shown on the attached site plan, the Petitioners desire to take the real estate shown as Parcel "B" to use it for off-site parking for the proposed school campus and associated athletic fields. Almost all of this property was previously used for off- .site parking for the Hospital. After discussions with the Area Plan Commission staff and Building Department staff, it was determined that since the existing parking lot will be removed and the new parking lot will be configured as shown, Variances would be required. The first requested Variance is from minimum required' 20-Foot Front-yard Setback along St. Louis Street (East line) and Madison Street (South Line) to a minimum of 5 feet for a proposed parking area. The property has a Zoning classification of "MU" Mixed Use, which requires a minimum Parking setback of 20 feet. Presently the existing pavement goes to the property line. The Petitioners desire to place the parking 5 feet from the property line to match their other on-site proposed parking lot and to allow enough area for some landscape screening along a portion of the parking frontage. The Petitioners believe the replacement of the existing broken pavement with new asphalt and proposed 12 landscaping, will provide a visual break between the proposed parking spaces and St. Louis Street. The next requested Variance is from providing one interior parking landscape island at a rate of one island per 15 spaces for a total of fifteen islands for the proposed on-site 211 spaces parking area to the eight islands shown. This Variance request is similar to the request for the on-site parking lot landscape island reduction. The Architects designed the lot to have a storage area for snow that would have the minimum impact on the loss of use of parking spaces. The Petitioners would replace the removed trees within the open space area that will be created on the upper tier area adjacent to Cedar Street. The Petitioners would state that they are removing a large expanse of existing pavement and replacing it with a lawn area. They believe with the relocation of trees and enlarged landscape area they are meeting the intent of the Ordinance and would ask for approval of the Variance. The next requested Variance is from required parking screening of one shrub at a 3.0 ft. on-center spacing along the entire frontage of the proposed parking along St. Louis Street (East line) , Madison Street (South line) to a minimum of 146 shrubs as shown. This Variance request is also similar to the Variance request for the on-site parking area. The Petitioners are adding landscape screening in the area between the proposed parking spaces and driveway and the adjacent sidewalk/parkway along St. Louis Street and Madison Street and Hill Street as shown. Presently, there is no buffer/landscape area between the sidewalk and existing parking. The Petitioners believe the proposed plan will provide a sufficient screening buffer for the proposed parking spaces and paved areas from the adjacent streets and sidewalks. The last Variance for Parcel "B" is from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing a minimum .of 18 'over-stogy trees as shown along said property lines. The placement of the proposed perimeter trees matches the spacing request on the main campus site. The Petitioners believe the addition of the minimum of 18 trees compared with the small amount of trees present today would meet the intent of the Ordinance. The Last portion of this Petition concerns the request to ask for approval of a Special Use Exception for Parcels "B" and "C" shown on the attached site plan, which, are proposed for off-site parking for the school. campus. The request for approval of the Special Exception Use is due to the fact that these properties are presently zoned "MU" Mixed Use District. The Ordinance requires that parking lots which do not contain a primary use to 13 be approved as a Special Exception Use. More specifically, the Petitioners are requesting for shown Parcels "B" and "C", approval of a Special Exception Use as allowed under Section 21- 03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) . The Petitioners and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception Use to allow for off-site parking lots for the proposed school project, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code S 21-09.03 (i) . The Petitioners and the contingent purchasers believe that moving the proposed school campus to the shown Petition site would have a positive effect on the neighborhood, as it will take an existing Hospital site which is vacant and allow for a new use which will serve the community for decades to come. The Petitioners believe that approval of the above Special Exception Use for the proposed school will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners and contingent purchasers would ask the Board Members to agree that approval of the above described Variances and the Special Exception Uses will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contends that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and the Special Exception Uses are sought: that the need for the Variances and the Special Exception Uses arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the petition for the Variances and Special Exception Uses will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are tr Michael J. Danch President Danch, Harner & Associates, Inc. o Property Owners Within 300 Feet Saint Joseph's Regional Medical Pregnancy Help Center Inc. John Jr.Patricia & Margaret Larkin Center South Bend Campus Inc. PO Box 283 919 E LaSa fie Ave 811 E Madison Mishawaka, IN. 46546 South Bend, IN.46617 South Send, IN. 46617 Tax Key#018 5020 071801 Tax Key#018 5020 0727 Tax Kpv#n1R 5900 MUM Howard & Patricia Sappington Michael Ferkovic Aaron Yoder 923 E LaSalle Ave 3134 W Masters St 3606 Corby Blvd, South Bend, IN. 46617 Philadelphia, PA. 19121 South Bend, IN. 46615 Tax Key#018 5020 0728 Tax Key#018 5020 0730 Tax Key#018 5020 0726 Kenneth Breen Saint Joseph Medical Center Inc Dean Domogala 24330 State Road 4 314 N Notre Dame 311 N Francis North Liberty, IN. 46554 South Send, IN.46601 South Bend, IN. 46617 Tax Key#018 5020 0725 Tax Key#018 5020 0718 Tax Key#018 5020 0721 Christopher Gaines& Donna Andrew,Zywicki Saint Joseph Regional Medical Centf Kirkpatrick 321 N Francis South Bend Campus Inc 315 Francis South Bend, IN. 46617 PO Box 1935 South Bend, IN. 46617 Tax Key#018 5020 0717 South Bend, IN. 46634 Tax Kpv*01R 5n9n n790 Tax Kpv it n 1 R 5n9n n71 F: 328 Notre Dame Avenue LLC Saint Joseph's Regional Medical Gross & Cohen Notre Dame LLC PO Box 1244 Center-South Bend Campus Inc. 374 Old Montague Rd Mishawaka, IN. 46546 PO Box 1935 Amherst, MA. 01002 Tax Key#018 5020 0708 South Bend, IN.4664 Tax Key#018 5020 0715 Tax Kpv*n1R Rn90 n7n7 Saint Joseph's Regional Medical Saint Joseph's Regional Medical Three Sister's B&B LLC Center-South Bend Campus Inc Center-South Bend Campus, Inc. 1905 Campbell St 920 E Madison 811 E Madison Valparaiso, IN. 46385 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5020 0679 Tax Kpv*MR 5n7n n714 Tax Kpv#n1 R 5n9n nFRl Lex Lie Company Inc. Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend 944 Spaulding Avenue 226 N Hill Street 226 N Hill Ada, MI. 49301 South Bend, IN. 46617 South Bend, IN,46617 Tax Key#018 5019 0656 Tax Key#018 5006 0138 Tax Key#018 5006 0137 Diocese of Fort Wayne-South Bend Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend 226 N Hill 226 N Hill 226 N Hill St South Bend, IN. 46617 South Bend, IN, 46617 South Bend, IN.46617 Tax Key#018 5006 0144 Tax Key#018 5006 0145 Tax Key#018 5006 0140 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend se of Fart Wayne South Bend ce 226 N Hill St St.Joseph Church South Bend Diocese a Hill St. South Bend, IN. 46617 211 N St.Louis South Bend, I . 46617 Tax Key#018 5006 0139 South Bend, IN. 46617 Tax Key#01 . 4 6 0141 Tax Kpv#0 1 R SOnS n14Fi Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Cory Defebaugh Life Estate resery Inc Inc Margaret Shafer 226 N Hill 211 N St Louis Blvd 1220 N Kaley South Bend, IN.46617 South Bend, IN. 46617 South Bend, IN, 46617 Tax KQv*n 1 R Sn08 n14R Tax KPv#018 SnOR n149 Tax Kpv*018 5M.ri 0471 Mary Ann Hatch -Gladys Cronk Trust Coup Real Estate LLC Coup Real Estate LLC 2140 Barnett St PO Box 535 PO Box 535 Oxnard, CA. 93033 Bridgman, MI. 49106 Bridgman, Mi. 49106 Tax Key#018 5015 0471 Tax Key#018 5015 0474 Tax Key#018 5015 0475 Martha & Laszlo Nemeth Gross & Cohen Notre Dame LLC Gross & Cohen Notre Dame LLC 14860 Brick Rd 374 Old Montaque Rd 374 Old Montaque Rd Granger, IN. 46530 Amherst, MA. 01002 Amherst, MA. 01002 Tax Key#018 5015 0476 Tax Key#018 5015 0477 Tax Key#018 5015 0484 Leeann C Rappelli Dan Hamilton Dan C Hamilton. PO Box 644 PO Box 1623 PO Box 1623 Notre Dame, IN. 46556 South Bend, IN. 46634 South Bend, IN.46634 Tax Key#018 5015 0483 Tax Key#018 5015 0486 Tax Key#018 5015 0485 Leeann C Rappelli Leeann C Rappelli Kerri A Kramer PO Box 644 PO Box 644 812 Lasalle St Notre Dame, IN. 46556 Notre Dame, IN. 46556 South Bend, IN.46617 Tax Key#018 5015 0488 Tax Key#018 5015 0487 Tax Key#018 5016 052001 Leeann C Rappelli Gross & Cohen Notre Dame LLC, Cheryl Ford-Werner PO Box 644 374 Old Montague Rd 224 N Saint Peter St Notre Dame, IN. 46556 Amherst, MA. 01002 South Bend, IN. 46617 Tax Key#018 5016 0520 Tax Key#018 5016 0522 Tax Key#018 5016 0523 Kerd Kramer ENDO Properties LLC ENDO Properties LLC 13937 Hearthside Dr 225 North Notre Dame Ave 225 North Notre Dame Ave Granger, IN, 46530 South Bend, IN.46617 South Send, IN. 46617 Tax Key#018 5016 0524 Tax Key#018 5016 0536 Tax Key#018 5016 0537 LaSalle LLC ENDO Properties LLC Ob-Gyn Associates of South Bend 814 Lasalle 225 North Notre Dame Ave 610 N Michigan South Bend, IN. 46601 South Bend, IN. 46617 South Bend, IN. 46601 Tax Key#018 5016 0535 Tax Key#018 5016 0539 Tax Key#018 5016 0551 Ob Gyn Associates of South Bend Ob Gyn Associates of South Bend OB Gyn Associates of South Bend 610 N Michigan Street 610 N Michigan 610 N Michigan South Bend, IN. 46601 South Bend, IN, 46601 South Bend, 1N. 46601 Tax Key#018 5016 0554 Tax Key#018 5016 0550 Tax Key#018 5016 0552 Ob Gyn Assoccates of South.Bend Eddy Property Dev LLC Ob Gyn Associates of South Bend 610 N Michigan 211 N Eddy St 610 N Michigan South Bend, IN.46601 South Bend, IN, 46617 South Bend, IN. 46601 Tax Key#018 5016 0553 Tax Key#018 5016 055601 Tax Key*018 5016 0556 Ob Gyn Associates of South Bend William Paul LLC Gross & Cohen Notre Dame LLC 610 N Michigan 926 E Lasalle 374 Old Montague Rd South Bend, IN. 46601 South Bend,,IN. 46617 Amherst, MA. 01002 Tax Key#018 5016 0556 Tax Key#018 5016 0559 Tax Key#018 5026 0941 Gerogia Ann Murphy/Mabie Brown James Bowers Gregory Portolese 509 N Notre Dame 915 E Cedar 919 E Cedar St South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5026 094101 Tax Key#018 5026 0945 Tax Key#01 8 5026 0946 Gregory Portolese Gross & Cohen Notre Dame LLC Gross & Cohen Notre Dame LLC 919 Cedar St 374 Old Montague Rd. 374 Old Montague Rd South Bend, IN. 46617 Amherst, MA, 01002 Anmherst, MA. 01002 Tax Key#018 5026 0947 Tax Key#018 5026 0943 Tax Key#018 5026 0944 Lorraine Macswain Kenneth Kent Jr Gros s& Cohen Notre Dame LLC 623 Woodside Way 15398 Roscommon Ln 374 Old Montague Rd Redwood City, CA. 94062 Granger, IN..46530 Amherst, MA. 01002 Tax Key#018 5026 0932 Tax Key#018 5826 093501 Tax Key#018 5026 0933 Kenneth Kent Kenneth Kent& Mark Kramer Saint Joseph Regional Medical Center 15398 Roscommon Lane 812 E Lasalle South Bend Campus Granger, IN. 46530 . South Bend, IN. 46617 PO Box 1935 Tax Key#018 5026 093401 Tax Key# 018 5026 0930 South Bend, IN. 46634 Tax KPV#n1R I M94 ntgRn Saint Joseph's Regional Medical KW Building Corp. ND Realty Center South Bend Campus 211 N St.Peter 52273 Tally Ho PO Box 1935 South Bend, IN, 46617 South Bend, IN. 46635 South Bend, IN, 46634 Tax Key#018 5015 0489 Tax Key#018 5009 0263 Tax Kpv F n 1 R 5n94 o8so 1 Kenneth Breen Dennis Daniels & Randall Smith Mutual Bank 24330 State Road 4 Charlotte Smith Res Life Estate 4100 Edison Lakes Parkway North Liberty, IN. 46554 619 LaSalle . Suite 300 Tax Key#018 5020 0725 South Bend, IN. 46617 Mishawaka, IN. 46546 Tax KPV it n1 A .rinnA n27.ri Tax Kpv#n1 R r)onq r)9 7r, Taddeo Holdings Gerard McDonald AJP Real Estate 623 E LaSalle 15677 Leminalre PO Box 8318 South Bend, IN. 46617 Mishawaka, IN. 46545 South Bend, IN. 46660 Tax Key#018 5009 0271 Tax Key#018 5009 0273 Tax Key#018 5026 0942 Saint Joseph's Regional Medical St.Joseph's Regional Medical Center Judith Casey Center South Bend Campus South Bend Campus 6340 Grandview Dr 811 E Madison PO Box 1935 Indianapolis, IN, 46260 South Bend, IN, 46617 South Bend, IN. 46634 Tax Key#018 5009 0243 Tax KPv#n1R Snmq n247 TRax KRv*MA snog n254 Camiel and Rose Van De Waffle Saint Joseph's Regional Medical Saint Joseph's Regional Medical 413 N St.Louis Center w South Bend Campus Center South Bend Campus Inc South Bend, IN. 46617 811 E Madison 811 E Madison Tax Key#018 5009 0258 South Bend, IN. 46617 South Bend, IN. 46617 Tax KRv*n1 R 5nn9'ng45 Tax Kav#n1 A 5nn4 n257 St.Joseph's Regional Medical Center Robbie& Eva Mai Grimes Michael McKinnies-Santos South Bend Campus 609 E Cedar.St Fernandez 811 E Madison St PO Box 1935 South Bend, IN. 46617 55300 Orange Road South Bend, IN. 46634 Tax Key#018 5024 0817 South Bend, IN.46628 Tax Kav e f11R.5f324 nR 25 Tax KPv#n1R 5n94 nR1R Karma and Associates Co Virginia Hernandez First Cleveland Mortgage 1475 Anvil Ct PO Box 11700 7100 E Pleasant Valley Ste 145 Bartlett, IL. 60103 South Bend, IN, 46637 Independence, OH. 44131 Tax Key#018 5024 0818 Tax Key#018 5024 0815 Tax Key#018 5024 0814 MHenning Properties LLC Helen Rozum, Joseph Zoucha, Madison Center Inc 1439 Semar Ct Mary Dainelli Mary Behrendt 600 1st Source Bank Center Mount Prospect, IL. 60056 903 Bergamot Dr South Bend, IN.46601 Tax Key#018 5024 0813 Savoy,IL. 61874 Tax Key#018 5008 0195 Tax KAv#n1A 5094 0817 Madison Center Inc Madison Center Inc Madison Center Inc 403 E Madison 403 E Madison St 403 E Madison South Bend, IN. 46624 South Bend, IN. 46624 South Bend, IN. 46617 Tax Key#018 5008 0201 Tax Key#018 5008 0209 Tax Key#018 5008 0208 Madison Center Inc Madison Center Inc - Madison Center Inc 600 1st Source Bank Center 600 1st Source Bank Center 600 1st Source Bank Center South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5008 0210 Tax Key#018 5008 0211 Tax Key#018 5008 0212 Madison Center Madison Center Inc Madison Center Inc 403 E Madison St 600 1st Source Center 600 1st Source Bank Center South Bend, IN.46617 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5008 0214 Tax Key#018 5008 0215 Tax Key#018 5008 0217 Madison Center Inc Madison Center Inc Madison Center Inc 403 E Madison 600 1st Source Bank Center 600 1st Source Bank Center South Bend, IN.46617 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5008 0216 Tax Key#018 5008 0202 Tax Key#018 5008 0218 Burkhart Advertising Inc M Anderson LLC Joseph & Kathleen Crimmins 1335 Mishawaka Ave 1224 E Wayne 18010 Chipstead Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46637 Tax Key#018 5008 0226 Tax Key#018 5008 0227 Tax Key#018 5008 0228 Joseph & Kathleen Crimmins Mary Kambol,Joseph Kambol Mary Kambol,Joseph Kambol 18010 Chipstead Or Deanna Kambol Deanna Kambol South Bend, 1N. 46637 21877 Shady Hollow Lane 21877 Shady Hollow Lane Tax Key#018 5008 0229 South Bend, 1N. 46628 South Bend, IN. 46628 Tax Kav#01 A Iiinf)A 073 1 Tax Kpv#n 1 RAMS M;n Saint Joseph's Regional Medical Roman Smith 2010 Revocable Trust Saint Joseph's Regional Medical Center- South Bend Campus Inc 618 E Madison Center-South Bend Campus 811 E Madison South Bend, IN. 46617 811 E Madison South Bend, IN. 46617 Tax Key#018 5009 0269 South Send, IN. 46617 Tax Kpv*(]1A .1iom(177n Tax Kpv*n I A .rbon.q opsi Roman J Smith Revocable Trust 2010 Saint Joseph's Regional Medical Timothy Hoban,Mary Ricci,Michael 618 E Madison St Center-South Bend Campus Hoban, Patrick Hoban South Bend, IN. 46617 801 E Lasalle St 205 N St.Louis Tax Key#018 5009 0267 South Bend, IN. 46601 South Bend, IN. 46617 Tax KPv#rli A.9 nog n2sA Tax Kav#n1 R .9 nos rl9AS Timothy Hoban,Mary Ricci, Michael Frank & Suzanne Petsche Mary KamboWoseph & Deanna Hoban, Patrick Hoban,Maurice Hoban 17401 Eldorado Lane Kambol 205 N St.Louis South Bend, IN. 46635 21877 Shady Hollow Lane South Bend, IN. 46617 Tax Key#018 5008 0234 South Bend, IN, 46628 Tax Kpv*n I A.'inns ngns Tax Kpv.0 n18 5(1x18 Mary Kambol Joseph Kambol Eberhart Partnership Deanna Kambol 316 S Eddy 21877 Shady Hollow Lane South Bend, IN. 46617 South Bend, IN. 46628 Tax Key#018 5008 0225 Tax Kpv#01 R .ri(1(1R 0289 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 5, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for St. Joseph Regional Medical Center South Bend Campus, Inc., Roman J. Smith 2010 Revocable Trust, Camiel & Rose VanDeWalle and Judith Casey ABZA 51411.1 Dear Council Members: The above referenced petition of St. Joseph Regional Medical Center South Bend Campus, Inc., Roman J. Smith 2010 Revocable Trust, Camiel & Rose was legally advertised on April 14, 2011. The Area Board of Zoning Appeals gave it a public hearing on May 4, 2011, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for off site parking, on property located at 327, 333, & 325 St. Louis Street and 336 Hill Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.Q. Building Commissioner CCB/cah ST.JOSEPH REGIONAL MEDICAL,CENTER SOUTH BEND CAMPUS, ROMAN J. SMITH, VANDEWALLE & CASEY PARCEL B SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE 1NJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE_ Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property_ 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4th Day of MAY,201 1. YES NO 0 MICHAEL URBANSKI ABSENT RANDALL MATTHYS 0 JACK YOUNG ED GERALD PHIPPS ROBERT HAWLEY 0 JOE VELLEMAN O BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN(7) YEAR REAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of lazed beginning approximately 889.84 feet south and 40 feet east of NW i/SE '/ and known as Gibbs Wire and Steel Company, Inc. minor sub section 33-38-2E cont apex AC and which has Key Number 018-2184-693803, be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as folIows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of seven (7) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bernd and Indiana Code 6-1.1-12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Counq4l f M i Filed In Cierss e Y N l4 tv t r CILtl�os� C1 CLERK,St�vTw ;�h RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OFSOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning approximately 889.84 feet,south and 40 feet east of NW 1/SE '/4 and known as Gibbs Wire and Steel Company, Inc. minor sub section 33-38-2E cont appx AC and which has Tax Key Numbers 18-2184-693803 (Real Property) and 018-07522-00 (Personal Property)presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seMc . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coin of ft mm Filed in Der 's O fl 13kESE 'TF.D MAY NOT APPROVED CLERK, � JOHN VOOAMF _JV RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21-2011 REGARDING BLOCK PARTY APPLICATIONS WHEREAS, on February 28, 2011 the South Bend Board of Public Works (BPW) approved Resolution No. 21-2011 attached hereto which amends certain policies and procedures pertaining to temporary use of the public right of way for block parties and similar events, which policies and procedures were originally adopted by the Board of Public Works in Resolution No. 10-1989 on March 6, 1989 and later amended and restated in Resolution No. 57-2008 on August 25, 2008. WHEREAS, the BPW receives numerous requests to use and block vehicular access to the public right-of-way for special events such as block parties, neighborhood gatherings, hog roasts, and similar events; and WHEREAS, the administrative costs to the City are considerable for all the work required (1) to process the application, (2) close down the requested right-of-way, and (3) reopen it; and WHEREAS, it is fair and reasonable that persons applying for a public right-of-way temporary closure contribute to a portion of the cost of that process; and WHEREAS, an application fee of Twenty-five Dollars ($25.00) approved by the BPW in Resolution No. 21-2011 is reasonable in light of the estimated total cost to the City of One Hundred Sixty-Five Dollars ($165.00) for every right-of-way closure. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. BPW Resolution No. 21-2011 be and hereby is in all ways approved, including the revised Application Form and the charge of a non-refundable Twenty-five Dollar ($25.00) application fee accompanying the application of any request to use and/or block access to the public right-of-way. Section 11. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Common Council Filed In Clerk's �Ce . f APR j 4t; s # CITY OLERK,SOU`k q SV%M,0V C) 0 Lo O 0 0 0 [ND 0 O N- C N w•° 6r- N N W C-i N - r- V3.d3 4A � 64 fA 6 V3 � W F 00 J 0 o X Q s � 0 64 6!40 LO in 0 m � O � C L � 69 G LLI C] CD C> p U. to 69, U ° �q C� Cl G � 16 C W _> L U3 69 64 6R i .,.J F 0 O O ❑ V Lo 6 to 69 a m 0 C° U y 649 °° °° °° d °° CD a t-- ni CN m 6�1 6-3 W. v� `y o U m O O °an O O O « r o LO Q �, 6-Y u o m ° is X (n (N CO 6 L_ 6f U N yr Q O = o N q N fA a ¢ Cl) C C Z 0 N c N N N L 0 N O x x N ^p Q. E d 'b O E ` N C3 CO t6 N U c `- E O L O C)a) a— g � v b ro E ¢ w w p C) j- c va CL ¢ E: m g d u m o o tm 6X E "' c 00_ c °. 0 aci N m w o (D6q to � N E EL' U E a m $ c f° m c X m -J X rn ° us m o c CL U a7i o w a� o m E cu o fY aY LL m F vF cv w v m c 4D 7 u] C} � aFUwm CL m a a m a in o D- V) a ¢ ociU © uia (7z �$oA)Tif$� 1316 COUNTY-Ci y BUILDING ti \ PHONE 574/23 5-925 1 227 W.JEFFERsoN BouLEvuw � `�`i��ar�/� � FAx 574/235-9171 SOUTH BENCH, INDIANA 46601-1 830 z TDD 5741235-5567 I865 CITY OF SouTH BEND STEPHEN J. LuF-cKE, MAYOR BOARD OF PUBLIC STORKS April 20, 2011 Mr. Derek Dieter President, South Bend Common Council 4t'Floor, County-City Building South Bend, IN 46601 Re: Resolution Approving BIock Party Procedures and Application Fee Dear President Dieter: Attached for Common Council consideration and approval is a Resolution approving Board of Public Works (BPW) Resolution No. 21-2011. The most significant effect of BPW Resolution No. 21-2011 is to establish a standard application form and a non-refundable application fee of$25.00 for each special event, such as a block party, where the public right-of- way is closed to vehicular traffic. The BPW has estimated the City's cost of this process to be around $162.00 per event (see attachment), and with the increase in these applications, the cost has become significant. An application fee of$25.00 is just a fraction of the City's costs, and the BPW believes it to be a fair and reasonable assessment for users of this service. I will present this Resolution to the Common Council at its meeting on April 25, 2011 and will answer any Council questions or concerns at the Committee meeting earlier that afternoon. We appreciate the Council's consideration of this Resolution. Sincerely, y� Gary Gilot Director, Department of Public Works GARX.A.GSLOT,P.E. DONALD E. INKS CARL P.LJTTRELL PRESIDENT MEMBER MEMBER ( 1 RESOLUTION NO. 21-2011 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AMENDING AND RESTATING ITS POLICIES AND PROCEDURES FOR BLOCK PARTIES AND SIMILAR EVENTS WHEREAS, pursuant to I.C. §36-9-6-2 and I.C. §36-9-6-3, the City of South Bend, Indiana Board of Public Works ("Board") has authority over the use of public rights of way and is responsible for the supervision of streets, alleys and other property of the City; and WHEREAS, persons wishing to use and block vehicular access to the public right-of-way must obtain approval to do so from the Board; and WHEREAS the Board receives numerous requests for permission to use and block vehicular access to the public right-of-way for special activities such as block parties, hog roasts, neighborhood gatherings and similar events; and WHEREAS, the Board supports restricting access to portions of the City, if such event(s) are based upon the support of citizens residing in the neighborhood, or such event is for the benefit and participation of such residents; and WHEREAS, the Board, through its Resolution No. 10-1989 adopted oi� March 6, 1989, as amended and restated through its Resolution No. 57-2008 adopted on ' ;} 6rf, has heretofore established certain policies and procedures related to such events; and WHEREAS, the Board desires to further- amend and to restate its policies and procedures. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that policies and procedures previously established through its Resolution No. 10-1989 shall be and hereby are amended and restated in its entirety as follows: I. The policies and procedures established by the Board in this Resolution shall be applicable to all such requests where there is a request for use of and/or the blockage of access to the public right-of-way for a block party. Any and all approvals granted by the Board for such events shall be subject to these policies. 2. All requests for approval to use and/or block access to the public right-of-way shall be filed with the Cleric of the Board of Public Works, 1316 County-City Building, 227 West Jefferson, South Bend, Indiana 46601 not less than four (4) weeks prior to the proposed date of the event, and shall be accompanied by a non-refundable application fee of $25.00 to cover the administrative cost of processing the permit. All requests shall be made in writing on a prescribed Application Form which may be amended from time-to- time, the current fornr of which is attached hereto and incorporated herein as Attachment "A„ 3. The Board shall refer all such Applications for review and recommendation to the South Bend Police Department Traffic Bureau, the City's Bureau of Traffic and Lighting, the City Attorney's Office, Division of Engineering, and may refer the Application to various other entities as the Board, in its sole discretion, believes necessary. Such review and recommendation shall take into consideration the traffic controls, traffic safety equipment and materials to ensure safe conduct of the event. Each entity reviewing the Application shall submit its recommendation to the Board within five (5) business days of receiving the Application for review. 4. The Board may deny any Application if the Board, in its sole discretion, determines that the proposed event: (i) will constitute a public safety hazard; (ii) will conflict with any other event within the City; (iii) is not an event which is consistent with the type of event described in this resolution; (iv) the event would interfere with normal City operations or services; or (v) upon receiving an unfavorable recommendation from any of the entities described in Paragraph 3, above. 5. The closing time for block parties approved by the Board shall be no later than 8:00 p.m. unless the Applicant presents evidence to the Board which the Board, in its sole discretion, believes is sufficient evidence to warrant the granting of a special exception to the 8:00 p.m. closing time. 6. If alcohol is to be served or sold at the event, the Applicant shall submit a Certified Check or Money Order in an amount stated on the Application and shall be required to provide the names and contact information for three (3) security guards employed by Applicant in order to monitor underage drinking. 7. All Applicants shall be required to comply with all rules and regulations stated on the Application, the .related Perm it/Agreement and Instructions, as each may be amended from time-to-titre, including, but not limited to, compliance with the City's noise ordinance. 8. The Board may require the sponsor of any event for which approval is granted to provide a certificate of insurance evidencing personal property damage insurance and liability insurance in an amount determined by the Board.. In all such:requirements, the City shall be named on the certificate as a co-insured. In addition, or alternatively, the Board may require that the sponsor indemnify and hold the City harmless from any and all damages, injuries, losses, claims or demands or costs which the City may suffer or incur as a result of any claims or actions arising out of the event. Applicant shall file the required certificate of insurance and/or indemnification agreement with its Application. 9. Nothing in this Resolution shall be construed to require approval by the Board, nor prevent the Board from imposing additional conditions or restrictions that the Board, in its sole discretion, deems necessary or desirable in carrying out the general intents and purposes of this Resolution. , ADOPTED this , ,r day of - y -�..z:;-_ .{. 2011. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Carl r' Littrell, Member D�iiald E. Inks, Member `TEST: nda M. Martin, Ct k APPLICATION FOR USE OF AND BLOCKING OF ACCESS TO PUBLIC RIGHT-OF-WAY FOR A BLOCK PARTY C, ALL APPLICATIONS MUST BE RECEIVED BY THE BOARD OF PUBLIC WOR NO LATER THAN FOUR(4) WEEKS PRIOR TO THE DATE OF THE EVENT. THERE IS A NON-REFUNDABLE APPLICATION FEE OF $25.00 PAYABLE TO THE "CITY OF SOUTH BEND,INDIANA" TO COVER ADMINISTRATION COSTS FOR PROCESSING THE PERMIT. THE APPLICATION FEE MUST BE PAID AT THE TIME OF APPLICATION. Applicant Name: Address: City, State: Zip Phone: Email: Date of Event 20 from a.m./p.m. to a.m./p.m. Name or Type of Event Approximate Number of Attendees Location from to Street Name Cross Street Cross Street Please answer the following: • This event will be open to residents outside the immediate ❑ Yes ❑ No neighborhood. • All residents on the affected block have been notified. ❑ Yes ❑ No • This event will have music (live or other). ❑ Yes ❑ No • Payment of 525.00 fee payable to City of South Bend,Indiana included ❑ Yes ❑ No IF ALCOHOL IS TO BE SERVED OR SOLD Alcoholic beverages will be served ❑ Alcoholic beverages will be sold ❑ Certified Check or Money Order for$400.00 must be submitted with application ❑ • Application cannot be processed without deposit. • .Deposit will be returned upon inspection of event area by the Board of Public Works. Names and phone numbers of THREE security guards. ❑ • To monitor underage drinking. • Qualifications roust be listed(e.& Of.f dart}'police officer,prgfessinrtal.security guard, or event APPLICANT). A drawing must be submitted showing: ❑ • Fencing around sensing area. • Trash receptacle. o Ample trash receptacles 7nttst lie proi,ided to eiisLrt°e proper disposal of ref tse. Temporary liquor license ❑ • Call the Alcohol& Tobacco Commission at (317)232-2430,for more information. • Application cannot he processed R•ithow a copy of this license. Board of Public Works 1316 County-City Building RETURN FORM TO: 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574)235-9251 ® Fax: (574)235-9171 $OUTH 1400 CouN7y-QTr BUILDING � \ �j PHow 574!23 5-9241 227 W.JExsoNBoARD c�� �' FAx 5741235-7670 SOmg4 BEng,INDjANA 46601-1830 1865 CITY,OF SouTH BEND ST FP14EN J. LuECKE,MAYOR DEPARTMENT OF L,AW CxARLEs S. LEONE AiADEAN M. DFRow QTYATrORNFY CHJFF ASsisrANr C=AT mRNEY May 18, 2011 Mr. Derek Dieter, President South Bend Common Council 4a'Floor County-City Building South Bend, IN 46601 RE: Proposed Addition of a Parcel to the West Washington-Chapin Development Area Acquisition List 803 West Washington Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the West Washington-Chapin Development Area (WWCDA) to add an additional parcel to the WWCDA Acquisition List. Upon making this determination, the RDC passed a resolution declaring the necessity of adding this parcel. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC has approved the declaratory resolution. The APC's resolution is now submitted to the South Bend City Common Council for its approval. This property was originally built as a three story private residence for the William L. Kizer family. Mr. Kizer came to South Bend from Ohio in 1865. In 1869, Mr. Kizer formed a firm that conducted business in real estate, loans, and insurance, and made investments in Illinois, Indiana, and Michigan. Upon acquisition of this property, staff will work with South Bend Heritage Foundation for its adaptive reuse. Staff will also work with the Center for History for its possible incorporation within the museum campus. TuomAs L. BODNAR CHERYL A. GREENE ANN-CAROL NAS14 ANDREA L.BEAciiKOFSKY LAWRENCE J.METENER JEFFREY L.SANFORD JOHN E. BRODEN 1 E Either Bill Schalliol or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. Sincerely, -r Lawrence J. Meteiver Assistant City Attorney RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on April 26, 2011, approved and adopted its Resolution No. 2860 (the "Declaratory Resolution"), Exhibit A, amending the acquisition list in the West Washington-Chapin Development Area Development Plan (the "Plan") for the West Washington-Chapin Development Area (the "Area") and amending the West Washington-Chapin Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the addition of 803 West Washington St., South Bend, Indiana, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on May 17, 2011, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 23rd day of May, 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council Attest: d ['a City Clerk go Gnu" Filed a M,4 18 2011 PRESENTED � 'JOHN NOT APP9,0VI-0 CITY CLEM SOUTH OIEND,IN Exhibit A (Declaratory Resolution of the Redevelopment Commission) Exhibit B (Plan Commission Order) RESOLUTION NO. 2860 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the City of South Bend Department of Redevelopment (the"Department"), on October 23, 1987,adopted Resolution,No.818 declaring the West Washington-Chapin Development Area (the "Area") in the City of South Bend, Indiana (the "City") to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at Indiana Code 36-7-14-1 et seq. (the"Act"); and WHEREAS, Resolution No. 8I8 and the West Washington-Chapin Development Area Development Plan(the"Development Plan"),adopted by Resolution No. 818 on October 23, 1987, were confirmed by Resolution No. 824,adopted on December 11, 1987; and WHEREAS,Resolution No.818 was amended by Resolution No.908,adopted on February 23, 1990, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 1; and WHEREAS,Resolution No. 818 was further amended by Resolution No. 1669, adopted on February 19, 1999, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 2; and WHEREAS,Resolution No. 818 was further amended by Resolution No.2000,adopted on October 3, 2003, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 818 was further amended by Resolutions No. 2348 and 2351, adopted on June 19, 2007, and July 20, 2007, respectively, expanding the Airport Economic Development Area to include the area commonly referred to as the MaryCrest/Hurwich Area and therefore effectively amending Resolution No.818,removing said area from the West Washington- Chapin Development Area,which removed area shall be referred to herein as Reduction Area No.2; and WHEREAS,Resolution No.8I8 was further amended by Resolution No.2383,adopted on November 2, 2007, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 3; and WHEREAS,the Development Plan for the West Washington-Chapin Development Area,as adopted by Resolution No. 818, includes a list of parcels of property to be acquired within the West Washington-Chapin Development Area in order to accomplish the Development Plan, and WHEREAS, the Development Plan, as adopted by Resolution No. 818, was amended by Resolution No. 990, adopted on May 10, 1991, and was further amended by Resolution No. 1243, adopted on May 6, 1994,and was further amended by Resolution No. 1399, adopted on January 2, 1996, and was further amended by Resolution No. 1436, adopted on July 3, 1996, and was further amended by Resolution No.2587,adopted on July 14,2009,and was further amended byResolution No.2837,adopted on January 21,2011,and said Resolution Nos. 990, 1243, 1399, 1436,2587,and 2837 modified the list of parcels to be acquired by adding parcels to the list; and WHEREAS,the Commission now desires to further modify the list of parcels ofpropertyto be acquired by adding one parcel of property to the list, such parcel being commonly referred to as 803 W. Washington ("the Added Parcel")and more particularly described in Exhibit A; and WHEREAS,the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the Added Parcel; and WHEREAS, on March 22; 2011, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the West Washington-Chapin Development Area within the City; and WHEREAS,pursuant to the Act,the Department has conducted surveys and investigations and has thoroughly studied the West Washington-Chapin Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan amendment which shall include the acquisition of the Added Parcel; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the West Washington-Chapin Development Area showing the boundaries of the West Washington- Chapin Development Area which boundaries werepreviously adopted by the Commission and which shall remain unchanged by the Plan Amendment; and WHEREAS,the Plan Amendment confonns to other development and redevelopment plans for the City. NOW,THEREFORE,BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 2 I. The Commission hereby detennines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein. I The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines thatthe accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; and d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition of the property being added to the acquisition list is $300,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The Wraps and plats of the West Washington-Chapin Development Area,showing the boundaries,the location of the various parcels of property,streets,alleys and other features affecting the acquisition, clearance,replatting;replanning,rezoning;or redevelopment of the Area,that are to be devoted to public ways,levees,sewerage,parks,playgrounds and otherpublic purposes under the Plan,which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan,as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the flan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and 3 repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed,or(except as otherwise provided herein)proceedings begun before the effective date of this Resolution. 11. All other findings, detenninations and conclusions in Resolution 818, as amended heretofore, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on April 26, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT re. David A. Varner, Vice-President Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Nancy N. King, Secretary Printed ATa.me and Title South Bend Redevelopment Commission 4 EXHIBIT A RESOLUTION NO. 2860 AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS .18-1025-106201 Indiana Land Trust 308108 803 W Washington St South Bend, Indiana RESOLUTION NO, 218-1I RESOLUTION OF THE ST.JOSEPH COUN'T'Y AREA PLAIN'COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHA]PI N DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED w WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing ,a general plan of dCVC]oprnet1t for the City of South Bend, Indiana(the°`City„);and WHEREAS, the South Bend Redevelopment Commission (the”Com=ission'% is the governing body of the South Bend Department of Redevelopment#]j "Department").and WHEREAS, on April 26, 2011, the Commission approved and adopter] its Resolution No. 2860 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the"Declaratory Resolution"), attached hereto as Exhibit A;and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the West Washington-Chapin Development Area Development PIan (the "Ply") for the West Washington-Chapin Development Area (the "Area°% identifes fine or ore parcels located within the Area as parcels necessary for the implementation of the flan'and adopts an amendment to the Plan (Exhibit A to the Declaratory Resolution)(the"Plan Amendment-);and WHEREAS, the CoinnAssion has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act's; and WHEREAS,pursuant to the provisions to the Act,the flan Coxnmission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan. CO m issiM4 as follOWs: ]. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved,ratified and confirmed. is�ere y�desiggzate�and cons es the written order of the Are Plait Commission approiting the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution,pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South. Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 17th day of May,201 1. ST.JOSEPH COUNTY AREA PLAN COMMISSION x< G. Pres' l ATTEST: eta y -2- XMBIT A Declaratory Resolution South Bend Redevelopment+ComndssiDn Resolution No.2860 Adopted April 26,2011 -3- RESOLUTION NO. 2860 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Cornmission'j, the governing body of the City of South Bend Department of Redevelopment(the "Department"),on October 23, 1987,adopted Resolution No.818 declaring the West Washington-Chapin Development Area (the "Area") in the City of South Bend, Indiana (the "City") to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1963, as amended,which is codified at Indiana Code 36-7-14-1 et seq. (the"Act"); and WHEREAS, Resolution No. 818 and the West Washington-Chapin Development Area Development plan(the"Development Plan"),adopted by Resolution No.818 on October 23, 1987, were confirmed by Resolution No. 824,adopted on December 11, 1987;and WHEREAS,Resolution No.818 was amended by Resolution No.908,adopted on February 23, 1990, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 1; and WHEREAS,Resolution No.818 was further amended byResolution No. 1669,adopted on February 19, 1999, which expanded the West Washington.-Chapin Development Area by adding Expansion Area No. 2; and WHEREAS,Resolution No. 818 was further amended byResolution No.2000,adopted on October 3, 2043, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 1; and WHEREAS,Resolution No.818 was further amended by Resolutions No.2348 and 2351, adopted on .Tune 19, 2007, and July 20, 2007, respectively, expanding the Airport Economic Development Area to include the area commonly referred to as the MaryCrestlHurwich Area and therefore effectively amending Resolution No.818,removing said area from the West Washington. Chapin Development Area,whichremoved area sball be referred to herein as Reduction Area No.2; and WHEREAS,Resolution No. 818 was further amended by Resolution No.2383,adopted on November 2, 2007,which reduced the West Washington-Chapin.Development Area by removing Reduction Area No. 3; and WHEREAS,the Development Plan for the West Washington-Chapin Development Area,as adopted by Resolution No. 818,includes a list ofparcels of property to be acquired within the West Washington-Chapin Development Area in order to accomplish the Development Plan;and WHEREAS, the Development Plan, as adapted by Resobo itnt No, 818, was amended by _ test�ln Asa fl- D, dapt on A ay ;._ . ;aia�l vas ut her amemrl t3lA-Mllrtior No 1.243; adopted oil May 6, 1994,and was der amended by Resolution No. 1399, adopted on January 2, 1996,and was ftrther amended by Resolution No. 1436,adopted on I y 3, 1996,and was further amended by Resolution No.2587,adopted on July 14,2009,and was flu ther amended byRosolution No.2837,adopted on January 21,2011,and said Resolution Nos.990, 1243, 1399,1#36,2587,and 2837 modified the list of}parcels to be acquired by adding parcels to the list; and 'MEREAS,the Commission now desires to firthersnodify the list ofpareejs ofproperty to be acquhed by adding oneparcel ofproperry to the list,such parcel being comnronly referred to as 80 W. Washington("the Added Parcel")and more particularly described in Exhibit A;and WHEREAS,the Commission previously adopted the.Development Flan and now desires to amend tlae Development Plan to provide for the acquisition of the Added.Parcel;and WHEREAS, on Mamb 22, 2011, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the West WashiragtOn-Chapin Development Area within the City;and WHEREAS,pursuant to the Act,the Departmenthas conducted surveys and investigations and has thoroughly studied the West Washington-Chapin Development Area and the Development Plan;;and 'p4 KEREAS, upon such surveys, investigations and studies having been made, the Couunis.sion Buds that the.Plan Amendment cannot be achieved by regulatoryp3rocesses or by the ordinary operations ofprivaate enterprise without resmt to the powers allowed under the Act and that thepublic health and were will be benefited by the accomplishment of the Plan amendment which shall include the acquisition of the.Added Parcel;and EREAS, the Commission has previously caused to be prepared maps and plats of the West Washington-Chapin Deve opment Area showing the boundaries of the Nest Washington- Chapan Dim,elopement Area which boundaries were previously adopted by the Commission and which shall remain unchanged by the Plan Amendment;and WHEREAS,the Plan Amendment conforms to other deve lopnaent and redeveIopmentplans for the City. NOW,THEREFORE,BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT CONWSSI!'ON, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT,AS FOLLOWS: 2 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein, 2. The Commission hereby determines that the public health and welfare will be benefited-by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment ofthe Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; c) improved diversity of the economic base; and d) other sunilar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition of the property being added to the acquisition Iist is$300,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City, 6. The maps and plats of the West Washington-Chapin DevelopmentArea,showing the boundaries,the location of the various parcels ofproperty,streets,alleys and otherfeat�ures affecting the acquisition, clearance,replatting,replanning,rezoning or redevelopment of the Area,that are to be devoted to public ways,levees,sewerage,parks,playgrounds and other public purposes under the Plan,which maps and plats were previously adopted by the Commission,are hereby confirmed by. the Commission. 7. The Secretary is hereby directed to file a certified copy of said Developm ent Plan,as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of theAct and IC 5-3-1 and after all required filings have been made pursuant to Section I7(b)and(c)of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and 3 repealed in so far as such exist. 1 U. This Resolution does not affect any rights or liabilities accred,penalties incurred, Offenses committed;-or(except-as-otherwise-provided hcrein)prOtee ings-begu3i'b fare tlae effe-fve date of this Resolution. 1 1. All other findings, determinations and conclusions in Resolution 818,as amended heretofore,shall remain as stated therein. 12. The United States ofAmerica is hereby assured offctll cojnpliancebytheSouth Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effeetuating Title VI of the Civil Righis Act of 3964,as amended. ADOPTED at a regular meeting of the South BendRedevelopment Commission held on April 26, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46,601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT re David A. Varner, Vice-President Pfinied ilrpnie and Title South Bend.Redevelopment Commission AT3 EST: Signature Nancy N. King, Secretary P,-rated NO=e and Me South Bend Redevelopment Commission 4 EK__HIBIT A RESOLUTION Nt?.286U AMENDMENT TO T-HE WEST WA—SHINGTON=CHA-PIN DE El OPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID O"ER OF RECORD ADDRESS 18-1025-10620.1 Indiana Land Trust 308/08 803 W Washington St South Bend, Indiana 5pU T$8� 1400 Co CITrBLUI.Dmrc ..\ PHom574i235-9241 227W jEF ERSON BOUI EVARp W:��m;cp j FAx 574/235-7670 SouTH BEND,INj)IANA 46601-1830 r 1865 QTY OF SotTTH BEND STEPHEN,. LmcKE,MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DERosE CnyATToRNEY C-ipx-ASSISTANT QTrATroRNEY May 18, 2011 Mr. Derek Dieter, President South Bend Common Council 4th Floor County-City Building South Bend, IN 46601 RE: Proposed Addition of a Parcel to the Airport Economic Development Area Acquisition List 3408 Ardmore Trail Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which . approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Airport Economic Development Area (AEDA) to add an additional parcel to the AEDA Acquisition List. Upon making this determination, the RDC passed a resolution declaring the necessity of adding this parcel. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC has approved the declaratory resolution. The APL's resolution is now submitted to the South Bend City Common Council for its approval. 3408 Ardmore Trail is an 83,000 square foot commercial building on 8 acres. The acquisition of this property would allow the Commission to consolidate it with the abutting 8.7 acre Commission owned property, making a larger, more marketable property for redevelopment. Either Bill Schalliol or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. Since 16i ,LAW.. ce . Meteiver c�,Msistant City Attorney THomAs L BODNAR CHERYL A. GREENE ANN-CAROL NASH ANDREA L.BEAcHKOFSKY LAwRENcF J.METEIVER JEFFREY L.SANFORD JOHN E. BRODEN �" RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on April 26, 2011, approved and adopted its Resolution No. 2871 (the "Declaratory Resolution"), Exhibit A, amending the acquisition list in the Airport Economic Development Area Development Plan (the "Plan") for the Airport Economic Development Area (the "Area") and amending the Airport Economic Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the addition of the parcel located at 3408 Ardmore Trail, South Bend, Indiana, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana. (the "City"), on May 17, 2011, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in.full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 23rd day of May, 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: Member of the Common Council Attest: and City Clerk ., .: Filed In lurk°S Offize CIA' I PRESENTED C1 ROE NOT APPROVED ADOPT Exhibit B (Area Plan Commission Order) RESOLUTION NO.2871 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS,the South Bend Redevelopment Commission("Commission"),governingbody of the City of South Bend Department of Redevelopment ("Department"), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area(„Area")in the City of South Bend, Indiana ("City") to be an economic development area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, Z.C. § 36-7--14 (the "Act"); and WHEREAS,Resolution No. 919 and the Airport Economic Development Area Economic Development Plan (the"Development Plan")adopted by Resolution No.919 on February 23, 1990 were confirmed by Resolution No. 938 adopted on.Tune 27, 1990; and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on November 9, 1990 and confined by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. 1 and Expansion Area No. 2; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1058,adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 3; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1238,adopted on April 15, 1994; and WHEREAS,Resolution No.919 was further amended by Resolution No. 1349,adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4;and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1516 adopted on July 18, 1997; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1545,adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 5; and WHEREAS,Resolution No.919 was further amended by Resolution No. 1667,adopted on February 19, 1999 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 6, 7, and 8; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1670,adopted on March 5, 1999; and WHEREAS,Resolution No.919 was further amended by Resolution No. 1796,adopted on October 20,2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No. 9 and 10; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1798,adopted on October 20, 2000; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1827,adopted on February 16,2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 11; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1916,adopted on November 1,2002 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 12, 13, 14 and 15; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1958,adopted on March 7, 2003; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1977,adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No, 16; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2006, adopted on November 7,2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 17; and WHEREAS,Resolution No.919 was further amended by Resolution No. 2019,adopted on December 19,2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. IS; WHEREAS,Resolution No.919 was further amended by Resolution No.2064,adopted on July 2, 2004; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 2090,adopted on October 22,2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2091,adopted on October 22, 2004; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2106,adopted on November 5,2004, and WHEREAS,Resolution No. 919 was further amended by Resolution No.2144,adopted on March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 20; and WHEREAS,Resolution No.919 was further amended by Resolution No.2245,adopted on July 21,2006; and WHEREAS,Resolution No.919 was further amended by Resolution,No.2254,adopted on August 25,2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 21; and WHEREAS,Resolution No.919 was further amended by Resolution No.2279,adopted on December 15, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution No. 919 was further amended by the Resolution No, 2348 and Resolution No.2351, adopted on June 19,2007 and July 20,2007 respectively and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating the Sample Ewing Development Area(the"Consolidated Area No. 1")into the Airport Economic Development Area; and WHEREAS,Resolution No.919 was further amended by Resolution No.2352,adopted on July 20, 2007; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 2375,adopted on September 7,2007; and WHEREAS,Resolution No.919 was further amended by Resolution No.2382,adopted on October 19, 2007; and WHEREAS,Resolution No.919 was further amended by Resolution No.2450,adopted on May 16,2008;and WHEREAS,Resolution No.919 was further amended by Resolution No.2596,adopted on August 26,2009; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2668,adopted on May 21, 2010; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2736,adopted on August 20, 2010; and WHEREAS,the Development Plan includes a list of parcels of property to be acquired;and WHEREAS,it is necessary to modify the list of parcels of property to be acquired by adding an additional parcel of property to the acquisition list; and WHEREAS,the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the parcel of property set forth in Exhibit A; and WHEREAS, on April 12, 2011, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the Airport Economic Development Area within the City; WHEREAS,pursuant to the Act,the Departmenthas conducted surveys and investigations and has thoroughly studied the Airport Economic D eve]opmentArea and the Development Plan;and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare.will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit A; and WHEREAS,the Plan Amendment conforms to other development and redevelopment plans for the City. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: I. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area,as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3, The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent}obs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $750,000,00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the Airport Economic Development Area, showing the boundaries,the location of the various parcels ofproperty,streets,alleys and other features affecting the acquisition,clearance,replatting,replanning,rezoning or redevelopment of the Area,that are to be devoted to public ways,levees,sewerage,parks,playgrounds and other public purposes under the Plan,which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan,as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c)of the Act. 9. All orders or resolutions in conflict herewith are Hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or(except as otherwise provided herein)proceedings begun before the effective date of this Resolution, IL All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended, (Balance ofpage intentionally left blank) ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on April 26, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT P_�_ David A. ya1^h9Y , Vice-PrP.,i dent rtirite mne South Bend Redevelopment Commission ATTEST: 1 'J rgnularr-a r-inre ure crn �irle South Bend Redevelopment Commission EXHIBIT A TO RESOLUTION NO, 2871 AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS 18-2191 St, Vincent DePaul Society of 719201 St. Joseph County, Inc., a non- 3408 Ardmore Trail profit Indiana cor oration RESOLUTION NO. 217-11 RESOLUTION OF THE ST.JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THIS AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the St. Joseph County Area Plan Commission (the °`Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the"City"); and WHEREAS,the South Bend Redevelopment Commission (the"Commission"}, is the governing body of the South Bead Department of Redevelopment (the"Department"): and WHEREAS, on April 26, 2011, the Commission approved and adopted its Resolution No. 2571 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution"), attached hereto as Exhibit A; and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the Airport Economic Development Area Development Plan (the "Plan') for the Airport Economic Development Area (the "Area"), identifies one or more parcels located within the Area as parcels necessary for the implementation of the Plan and adopts an amendment to the Plait (Exhibit A to the Declaratory Resolution) (the"Plan AmeDdment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the -Act-); and WHEREAS,pursuant to the provisions to the Act,the flan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area plan Commission,as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Aanendment are in all respects approvA ratified and confirmed. I This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution,pursuant to the requirements of Section 16 of the Act. 4: The Secretary of the Area Plan Commission is hereby directed to fbrward a ropy of this Resolution together with the Declaratory Resolution to the South Bend City Ctnnrnon Council for its consideratiom 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting, ADOPTED, APPROVER AND ISSUED by the St. Joseph County Area Plan Commission this 171h day of May, 2011. ST.JOSEPH COUNTY AREA PLAN COMMISSION i ATTEST: 1- �• � Q�Te—tary -2- EXHIBIT A Declaratory Resolution South Sena Redevelopment Commission Resolution No,2871 Adopted April 26,2411 -3- RESOLUTION NO.2871 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMMSION ;AMENDING THE_.DEYELOPMENT-'LAN TOR, THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS,the South Bend Redevelopment Commission("Commission"),governing body of the City of South Bend Department of Redevelopment("Department"), on February 23, 1999, adopted Resolution No.919 declaring the Airport Economic Development Area("Area")in the City of South Bend, Indiana („City") to be an economic development area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C_ § 36--7-14(the"Act"); and WHEREAS,Resolution No. 919 and the Airport Economic Development Area Economic Development Plan(the"Development Plan")adopted by Resolution No.919 on February 23, 199() were confirmed by Resolution No. 938 adopted on June 27, 1990; and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adapted on November 9, 1990 and confirmed by Resolution No, 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. I and .Expansion Area No.2;and WHEREAS,Resolution No. 919 was further amended by Resoluti oa No.1 958,adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No.3;and WHEREAS,Resolution No. 919 was further amended by Resolution No. I238,adopted on April 15, 1994;and WHEREAS,Resolution No.919 was further amended by Resolution No. 1349,adopted on July, 7, 1 995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4;and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1516 adopted on July 18, 1997; and WHEREAS,Resolution No.919 was further amended by Resolution No. 1545,adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No.5; and WHEREAS,Resolution No.919 was fizrther amended byResolution No. 1667,adopted on February 19, 1999 and said resolution expanded the Airport Economic Development Area by adding Expansion.Areas No. 6, 7, and 8; and WHEREAS,Resolution No.919 was further am ended by Resolution No. 1679,adopted on March 5, 1999; and WHEREAS,Resolution No.919 was further amended by Resolution No. 1796,adopted on October 2-0,2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No. 9 and 10; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1798,adopted on October 20, 2000;and WHEREAS,Resolution No.919 was fur-theramended byResolution No. 1827,adopted on February 16,2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 11;and WHEREAS,Resolution No.919 was further amended by Resolution No. 1916,adopted on November 1,2002 and said resolution expanded the Airport Economic DeveIopmennt Area by adding Expansion Areas No. 12, 13, 14 and 15; and WHEREAS,Resolution No.919 was further amended byResolution No. 1958,adopted on March 7,2003;and WHEREAS,Resolution No.919 was further amended by Resolution No. 1977,adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 16; and WHEREAS,Resolution No.919 was further amended by Resolution No.2006,adopted on November 7,2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 17; and WHEREAS,Resolution No. 919 was further amended byResolution No.2019,adopted on December 19,2003 and said resolution expanded the Airport Economic Development areabyadding Expansion Area No. 18; WHEREAS,Resolution No.919 was further amended by Resolution No.2064,adopted on July 2,2004;and V,r REAS,Resolution No.919 was further amended by Resolution No.2090,adopted on October 22,2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and WHEREAS,Resolution No.93 9 was further amended by Resolution No.2091,adopted on October 22,2004;and WHEREAS,Resolution No.919 was further amended by Resolution No.2106,adopted on November 5,2004;and WHEREAS,Resolution No.919 was further amended by Resolution No.2144,adopted on March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 20; and WHEREAS,Resolution No.919 was flutber amended by Resolution No,2245,adopted on July 21,2006; and WHEREAS,Resolution No.919 was further amended by Resolution No.2254,adopted on August 25,2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 21;and WHEREAS,Resolution No.919 was Further amended by Resolution No.2279,adopted on December 15, 2006 and said resolution expanded the Airport Ecoaounic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution No. 913 was further amended by the Res*lution No, 2348 and Resolution No.2351,adopted on dune 19,2007 and July 20,2007 respectively and said resolution expander] the Airport Economic Development Area by adding .Expansion Area No. 23 and consolidating the Sample Ewing Development Area{the"Consolidated Area No. I�')into theAbpoatt Economic D eye]opnient Area; and WHEREAS,Resolution No.919 was further amendedby Resolution No.2352,adopted on July 20,2007;and WHEREAS,Resolution No.919 was further amended by Resolution No.2375,adopted om September 7,2007; and WHEREAS,Resolution No.919 was fortber amended by Resolution No_2382,adopted on October 19,2007; and WHEREAS,Resolution No.919 was further amended by Resolutions No,2450,,adopted on May 16, 2008; and WHEREAS,Resolution No.919 was furtheramended byResolution No.2596,adopted on August 26, 2009; and WHEREAS,Resolution No.919 was further amended byRewiutian No.2668,-adopted an May 21, 2010; and WHEREAS,Resolution No.919 was further amended byResolution No.2736,ad-opled on. August 20,2010; and WHEREAS,the Development Plan includes a list of parcels ofpsoperty to be mired;and WHEREAS,it is necessaryto modifythe list ofparcels ofpropestytobezoquired byadding an additional parcel ofproperty to the acquisition list; and WHEREAS,the Commission previously adopted theDevelopinent Plan and now desires to amend the Development Plan to provide for the acquisition of the parcel of property set forth in Exhibit A; and WHEREAS, on April 12, 2011, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the Airport Economic Development Area within the City; WHEREAS,pursuantto the Act,the Department has conducted surveys and investigations and has thoroughly studied the Airport Economic Development Area and the Development Plan;and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations ofprivate enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit A;and WHEREAS,the flan Amendment conforms to other development and redevelopment plans for the City. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT,AS FOLLOWS: I. The Commission hereby determines that to accomplish the redevelopment ofthe Area, it is necessary to acquire additional land within the Area,as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment ofthe Plan Amendment will be of public utility and benefi t as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; c) improved diversity ofthe economic base; d) other similar public benefits. 4. The Commission hereby detem-iines that the estimated cost of acquisition and redevelopment ofthe property being added to the acquisition list is$750,000.00. 5. The Commission Irby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. b. 'I re maps and plats of the Airport l;=oxuic Development Area, showing the boundaries,the location of the various parcels ofproperty,streets,alleys anti athex featw es affecting the acquisition,clearance,replattiag,replanning,reioning Orredevelopment of the Area,that are to be devoted to public ways,levees,sewerage,pa&s,playgrounds and other public purposes under the Plan,which maps and plats-were previously adopted by the Commission,are hereby confirmed by the Commission. 7. The Secretmy is hereby directed to flea certified ropy of said Development Plan,as arnended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to subanit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided. by Section I6 of ibe Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bottles, the Resolution and the Plan Amendment shall be subinitted to public hearing and,remonstrance as provided by section 17 and Section 17.5 oftheAct and 7C 5-3-1 and after all required filings have been made pumuant to Section 17(b)and(c)ofthe Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect arty rights or liabilities accrued,penalties incurred, offenses,committed or(except as otherwise,provided herein)proceedings begun before the effective bate of this Resolution 11. All fouler findings, determir=ions and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12. The United States ofArnerica is hereby assured offuli Compliance by theSouth Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development elfectua#ing"Title VI of the Civil bights Act of 1964,as amended. (Balance ofpage intentionally left blank) ADOPTED at a regular meeting of the South Bend Redevelopment Commission hold on April 26, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT r re ph we awe an ire t South Bend RedeveIopment Commission ATTEST; 'rgrpnrre t�.arrrti r173g , Secretary rirrlc me u1r rr e South Bend Redevelopment Commission EXHIBIT A TO RESOLUTION NO.2871 AMENDMENT TO THE AIRPORT ECONOMIC DE°VELEIEMENT AREA DELOPMEN PLAID ADDITION TO THE ACQUISITION LIST PARCEL ID ClWI1iER OF RECORD ADDRESS 18-2191- St. Vincent DePaul Society of 719201 St_Joseph County, inc., a non.. 3408 Ardmore Trail rofit Indiana co oration R. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST., AND 2018 S, MICHIGAN ST., COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property owners recently purchased the two single family dwellings without the knowledge that they were zoned as MU Mixed Use District_ The two homes were originally constructed as single family dwellings and were apparently used for many years for the purpose. However, the house located at 2014 S. Michigan Street was used for a period of time by Thompson-Wiseman Insurance Agency. However, the house has not been used for a commercial business for more than ten years, and is currently a functional single family dwelling. It is the intention of the property owners to occupy or rent both houses for the purpose for which they were originally constructed. It is requested that the properties be zoned of SF2- Single Family and Two Family District so the intended use can be conforming with the zoning. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows; SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot Number 57 as shown on the recorded plat of Bowman's 4th Addition to the City of South Bend, Indiana Lot Number 58 except 75 feet of the East End of said Lot as shown on the recorded plat of Bowman's 4th Addition to the City of South Bend, Indiana be and the same is hereby established as SF-2 Single Family and Two Family District,. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council— an Attest: E4 lh!"s CoWd City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the —day of 2 at o'clock M City Clerk Approved and signed by me on the --- day of 2 at o'clock M. Mayor, City of South Bend,—Indiana F110d In' Cierk'.S ffjt-e MAY Ist READING ` PUBLIC HEARlNG JOHN 3 rd READING NOT APPROVED. REFERRED PASSED Date Filed Application No. Date received by the Area Plan Commission We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2014 S.Michigan St. South Bend, IN 46613 2018 S. Michigan St. South Bend,IN 46613 2) Name and address of property owner(s)of the petition site: Sin Dian Wang 1204 Rosemare Ct. Goshen,IN 46526 Jin Li Zhang 1204 Rosemare Ct. Goshen,IN 46526 3) Name.and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from MU to SF-2 5) This rezoning is requested to allow the following use(s): Single Family Housing 6) Attached is a copy of(a) legal description of the property; (b)a statement of purpose and intent; (c)a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property(e)a location map, if available,drawn to scale,which includes street names,printed in 8%" x 1 I"format. Signature(s of All Pr9perty owners) 'IV �/4 PETITION PREPARED BY: CONTACT PERSON: (If different) Kevin Wang 4502 S. Michigan St. South Bend,IN 46614 Wansta@gmail.com , 4� SC ly jq y n T WU SR as 3 M o ibis A { O O O 5 -V8 `"�� �1� �` C •8-4� �9 4� �� JL9 Zti- L9'' 1�1�'.�, aP, A g� ' A .$ w Ong W E '8 f o u W iv S 1 x L W As & .{st�Y 4 i tit r sum .S, ' -y `" 1�'"'�� 1:, � � ;o�• ti �Sx ° �� � �n �y-' rz` y ° 5v�Vtilx, xA SD8 b8 1 '5z34z s a �. 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Granger IN 46530 BOWMAN South Bend IN 46613 MCDONALD SOFSB% FRANCHISE 018-8011- REALTY 2014 MAIN 35 0481 CORP 118 S Mill St Mishawaka IN 46544 STREET South Send IN 46613 LV 4201 018-8011- ASSOCIATE Mannheim 2021 36 0485 S LLC Road Suite A Jasper IN 47546 MICHIGAN South Bend IN 46613 OCTAPHAR 3525 018-7035- MA PLASMA Whitehall 2102S 37 1400 INC Park Dr#500 Charlotte NC 28273 MICHIGAN South Bend IN 46613 FAIRWAY 018-8011- COMPANY 613 E 2031 S 38 0495 LLC Eckman South Bend IN 46614 IMICHIGAN South Bend IN 46613 CTPHAR 3525 018-7035 IMOAPALASMA Whitehall 2102 39 11399 INC Park Dr#500 Charlotte NC 28273 MICHIGAN South Bend IN 46613 HIRSCH DEBORAH LEE& CHRISTINA 018-7038- LYNN& 114 E 114 40 1539 JOHN PAUL Donald South Bend IN 46613 DONALD South Bend IN 46613 41 1018.7038- SHINES 118E 118 E 1540 PAMELA K Donald South Bend IN 46614 DONALD South Bend IN 46614 018-7038- ALDAPE 4004S 120 E 42 1541 PAUL J MICHIGAN South Bend IN 46614 DONALD South Bend IN 46613 1810 018.7038- PETERDY WERWINSKI 122 E 4311542 OLIVER ST South Bend IN 46628 DONALD South Bend IN 46613 POLLARD 018-7038- ROOSEVEL 126 E 126 E 44 1543 T Donald St South Bend IN 46613 DONALD South Bend IN 46613 D4R43�99 ox 2014 S 45 1018-7035- 1394 W South Bend IN 4663 4 MICHIGAN South Bend IN 46613 018-7038- MURPHY 115 E 115 46 1531 PAULETTE Donald St South Bend IN 46613 DONALD South Bend IN 46613 JOHNSON MIKE J& LACLUYZE ELIZABETH L AS JOINT 018-7038- TEN W/ROS 117 E 117 E 47 1532 NOT AS TIC DONALD ST South Bend IN 46613 DONALD South Bend IN 46613 018-7038- HENRY 119 48 1533 CLARA A 119 Donald South Bend IN 46613 DONALD South Bend IN 46633 ROHER 018-7038- DONALD& 121 E 121 49,1534 PAULINE Donald St South Bend IN 46613 DONALD South Bend IN 46613 SHULTZ 018-7038- DENNIS J& 125 E 125 50 1535 RUTH A Donald St South Bend IN 46613 DONALD South Bend IN 46613 018-7038- HAWKINS 126 N Elder 127 51 1536 KRISTYN St Mishawaka IN 46544 DONALD South Bend IN 46613 018-71338- HARDER 129 52 1537 CLIFTON 129 Donald South Bend IN 46613 DONALD South Bend IN 46613 018-7038- CARTWRIG 8188 131 53.1538 HT ROBERT Ironwood Dr South Bend IN 46617 DONALD South Bend IN 46613 018-7038- URBINA 124 Bowman 124 54 1526 ENEREIDA St South Bend IN 46613 BOWMAN South Bend IN 46613 BREDEN RAY& MELEVO 10353 018-7038- BREDEN Londonderry 126 55 1527 EDNA Av San Diego CA 921.26 BOWMAN South Bend IN 1 46613 BLACK ROSE MARIE& SNYDER 018-7038- JULIE A 2212 Milburn 132 56 1528 J/T/W/R/O/S Blvd Mishawaka IN 46544 BOWMAN South Bend IN 46613 018-7038- YODER 24973 State 134 57 1529 RICHARD E Road 119 Goshen IN 46526 BOWMAN South Bend IN 46613 FRANCHISE REALTY CORPORATI ON% MCDONALD 018-8010- &apos;S 2007 5810479 (25/13) 118S Mill St Mishawaka IN 46544 MICHIGAN South Bend IN 46613 - BARRY SEAT COVER AND 018-7035- AUTO 1924S 2006 59 1388 i GLASS CO Michigan St South Bend IN 46613 MICHIGAN South Bend IN 46613 GRAY SALLY JEAN &HUDSON ROBERT J JT WFROSHUD SON ROSEMARY RETAINS 018-7035- LIFE 108 E 108 60 1390 ESTATE Bowman South Bend IN 46613 BOWMAN South Bend IN 46613 SOBIERALS 018-7035- KI WALTER 12286 112 61.1391 J&JOYCE J Carleton Mishawaka IN 46545 BOWMAN South Bend IN 46613 018-7038- BORREGO 120 E 116 62 1523 SONIA BOWMAN South Bend IN 46613 BOWMAN South Bend IN 46613 BORREGO 120 E 018-7038- JESUS& BOWMAN 118 63 1524 SONIA ST South Bend IN 46613 BOWMAN South Bend IN 46613 BORREGO 018-7038- JESUS& 120 E 120 64 1525 SONIA Bowman South Bend IN 46613 BOWMAN South Bend IN 46613 MCDONALD &apos;S 018-8010- CORPORATI 2001 650468 ON 118 S Mill St Mishawaka IN 46544 1MICHiGAN South Bend IN 46613 BARTH EUGENE T AS TRUSTEE UNDER THE EUGENE T BARTH REVOC 018-7038- TRUST 05- 1924S 1924S 66.1387 17-93 Michigan St South Bend IN 46613 MICHIGAN South Bend IN 46613 1-163 Mail Deed to: Mail tax bills to Auditor's Record: William R.Dobslaw Grantee's Address: �~ P.O.Box 4399 Jin Dian Wang and Transfer No. J C9 South Bend,IN 46634 Jin Li Zhang 1204 Rosemary Court Taxing Unit: ` Goshen, IN 46526 D S Date: Tax I.D.Number:018-7035-1395 Parcel#71-08-13-377-016.000-026 WARRANTY DEED WILLIAM R. DOBSLAW, the Grantor. CONVEYS AND WARRANTS to JIN DIAN WANG and JIN LI ZHANG, Husband and Wife, the Grantees, as Joint Tenants with Rights of Survivorship all of Grantor's rights, title, improvements and interest in Real Estate in St. Joseph County, in the State of Indiana,described as follows: The West 90 feet of Lot Number 58 as shown on the recorded plat of Bowman's 4`h Addition to the City of South Bend,Indiana, as per plat thereof recorded June 26, 1899 in Plat Book 7, Page 40, in the Office of the Recorder of St. Joseph County,Indiana. Subject to all easements, unpaid taxes, assessments, covenants, restrictions, zoning ordinances, restrictions, and other conditions of record. Signed and dated this day of 2011. WILLIAM R. DOBSLAW This document was prepared by William R. Dobslaw. I affirm, under the penalties of perjury,that I have taken reasonable care to redact each Social Security number in this document, unless required by law. L"DWENEWFOVAIMM H.Awo C INW" NO. 11-00699 * ST, JOSEPH COUNTY HEALTH DEPARTMENT 227 W. Jefferson Blvd. SEAL ... �` 9th Floor County City Building South Bend, Indiana 46601 Phone: (574)235-9721 Fax: (574)235-9497 PROPERTY TRANSFER STATEMENT OF COMPLIANCE Water Supply and Wastewater Disposal System Address: 2018 S. Michigan Street City South Send State: in ZipCode 46613 Reference: Applicant William Dobslaw Representing: Date Issued: 04/19/2011 Expires six(6)months after date issued ' 4ased on the information provided by the applicant,the Health Department has determined that it appears the seller or their authorized agent has met the procedural requirements of the Source Water Protection Ordinance for the transfer of properties in St.Joseph County. The Health Department does Health Officer not endorse or approve any inspections or tests conducted to meet the requirements of the Ordinance m 2p—M - V1 M �� - tH^• � r�rs E+ Ord a to ro tY WOO in N C-i R+ fl1 �0 ra a ,a 0 ro � Mail Deed to' tax bills to Auditor's Record: William R. Dobslaw Grantee's Address: P.O..Box 4399 Jin Dian Wang and Transfer No. South Bend,IN 46634 Jin Li,hang 1204 Rosemary Court Taxing Unit: Goshen, IN 46526 Date: Tax I.D.Number:018-7035-1394 Parcel#71-08-13-377-015.000-026 1 WARRANTY DEED WILLIAM R_ DOBSLAW, the Grantor. CONVEYS AND WARRANTS to JIN DIAN WANG and JIN LI ZHANG,Husband and Wife, the Grantees, as Joint Tenants with Rights of Survivorship all of Grantor's rights, title, improvements and interest in Real Estate in St. Joseph County, in the State of Indiana, described as follows: Lot Number Fifty-seven (57) as shown on the recorded plat of Bowman's 4th Addition to the City of South Bend, Indiana, as per plat thereof recorded June 26, 1899 in Plat Book 7,Page 40, in the Office of the Recorder of St. Joseph County, Indiana. Subject to all easements, unpaid taxes, assessments, covenants, restrictions, zoning ordinances,restrictions, and other conditions of record. Signed and dated this day of rUA-Y , 2011. WILLIAM R. DOBSLAW This document was prepared by William R. Dobslaw. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. IMSfOORMAXATM ST.)OMMINDIIII A _ 2 _ State of Indiana ) SS: County of St. Joseph ) Before m , the undersigned Notary Public for said County and State,Th this day of , 2011, WILLIAM R. DOBSLAW personally appeared and acknowledged the execution of the foregoing Warranty Deed on (YIPM Jr� , 201 i. J.tary Public, who is a resident of'-St.� County, Indiana. My commission expires '?'�K LESLIE B. ABEL Notary public,state of Indiana SEAT. ~� �y My Commissoin UP.June 8,2015 NO. 11 °a ST. JOSEPH COUNTY HEALTH DEPARTMENT 227 W. Jefferson Blvd. SEAL .: 9th Floor County City Building South Bend, Indiana 46601 Phone: (574) 235-9721 Fax: (574)235-9497 PROPERTY TRANSFER STATEMENT OF COMPLIANCE Water Supply and Wastewater Disposal Systen s Address: 2014 S. Michigan Street City South Bend State: IN ZipCode 46693 Reference: Applicant Willairn Dobslaw. Representing: Date Issued: 04/19/2011 Expires six (6)months after date issued 10'n�4 L?l 41--Z -A• 10 Based on the information provided by the applicant,the Health Department has determined that it appears the seller or their authorized agent has met the procedural requirements of the Source Water Protection Ordinance for the transfer of properties in St.Joseph County. The Health Department does Health Officer not endorse or approve any inspections or tests conducted to meet the requirements of the Ordinance tai 0 Am - UT � tai • r`-- w`• P1 i., M m0r"- m to N m n u5 ro tj :W LJ �^v G7 & En I•+ C.7�C• r � Ry woo M N C� Ob M }{y P %wo N •-� r11 m w 0 •n x ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Maple Road running North and South from Prairie Avenue to the St. Joseph Valley Parkway. STATEMENI OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7.3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A part of the East half of Section 21, Township 37 North, Range 2 East and a part of the West half of Section 22, Township 37 North, Range 2 East, Portage Township, City of South Bend, Indiana, and described as follow: Beginning at the intersection of the South right of way line of Prairie Avenue (S R 23) and the West line of said Section 22; thence East along the right of way line of Prairie Avenue to a point that is 30 feet East of said West line of Section 22; thence South along a fine 30 feet East of and parallel to, said West line of Section 22 to the North right of way line of the St. Joseph Valley Parkway (US 31 By- Pass); thence Northwest along said By-Pass right of way to a point that is 30 feet West of said West line of Section 22; thence North along a line parallel to and 30 feet West of said West line of Section 22 to the South line of Prairie Avenue; thence East along said right of way to the place of beginning. Containing 1.8 acres, more or less and being all of the right of way for Maple Road between Prairie Avenue and the St. Joseph Valley Parkway. hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION 111. The following property may be injuriously or beneficially affected by such vacating: Key No: 018-8152.5499; 18-8155-5574; 018-8152.5501; 018.8153-5504 & 018-8153-5507 MepleRoadVacation2011 VecationOrdinance.doc Section IV. The purpose of the vacation of the real property is primarily for security. (Petitioner owns all abutting property.) SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common C ncil Attest: +y*W9 b.I b fjnl, , d, and /q,-, sound S j$"S to Mn City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock M. City Clerk Approved and signed by me on the day of , 20 , at o'clock M. Mayor, City of South Bend, Indiana 1 st READING PUBLIC H ARING �w b.. _. .... . 3 rd I?EADUNG ' NOT APPROV�3� f ��� � RsfERP.ED. PASSES Cf MapleRoadVaca tion2611VacotionOrdinance.doc �rlt PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEYS TO THE COMMON COUNCIL DATE: May 18. 2011 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: THE STREET DESCRIBED AS: Maple Road running North and South from Prairie Avenue to the St Joseph Valley Parkway NAME (signed & printed) ADDRESS LOT # WJC Holdings LLC 52303 Emmons Road Suite B-7 c/o Portage Realty South Bend, Indiana,46637 Dave Hunter (Agent for WJC Holdings) RETURN TO: CONTACT PERSON: OFFICE OF THE CITY CLERIC Lang, Feeney & Associates, Inc. JOHN VOORDE, CITY CLERK 715 South Michigan Street ROOM 455 COUNTY-CITY BUILDING South Bead, Indiana 46601 SOUTH BEND, INDIANA 46601 (574)233.1841 (574)235-9221 MAY MapleRoadVacation20#IPetition.doc 2 50ti�p3 Orb. �3 b A g o 'a A314 Cti1•±O,y R150.0 ti e RPia s s P i 4 0 a rr.5s a �<r f o °1e•elsassol - . a LEGAL DESCRIPTION: sa 4L �< The rood to be vacated is a portion of Maple Road <� and is described as fodfows: A Park of the East one half of Se Lion 21, Township • •031701 �-� 37 North, Range 2 East and a pa of the West one ° q half of Section 22, Township 37 N rth, Range 2 East, Portage Township, City of South Be d, Indiana, and described as follows: °r�.r0y Beginning at the intersection of the South right of Z'D31i°? way line of Prairie Avenue (S R 23 1 and the West line of said Section 22; thence E st along the right °' of way line of Prairie Avenue to a point that is 30 feet East of said West line of Sect on 22; thence South along a line 30 feet East of and parallel to, ` v sold West line of Section 22 to th North right of way line of the St Joseph Valley P rkway (US 31 ^ �qy By—Pass); thence Northwest along said By—Pass right of way to a point that is 30 feet West of said West line of Section 22; thence N rth along a line parallel to and 30 feet West of sal West fine of Section 22 to the South line of Pr irie Avenue; A thence East along said right of wo to the place of 017-1072.032202 beginning. Containing 1.8 acres, ore or Jess and being all of the right of way for Maple Road between 017.1012-0322 airie Avenue and the St Joseph alley Parkway. VIA.011.1012.032201 r°i�ro�sr°r 018-8152-5499, -5501; 018-8153- 01$-8153-5505 017-1013-0326 5504, 5507 & 018-8155-5574 Daniel Sedam Gene Wilkeson Portage Realty c/o Dave Hunter 3028 prairie Avenue 21985 SR#23 52303 Emmons Road, Suite B-7 South Bend, Indiana 46637, South Bend, Indiana 46614 South Bend, Indiana 46614 017-1012-0310 017-1012-0321 017-1013-032502 Bruno &Rosa Cataldo Christopher&Katherine Voros;Jennifer City of South Bend 22027 Liberty i Morse&Rosemary Vanderburg 1400 County-City Building Y $hwa Y 58710 Magnolia Road South Bend, Indiana 46619 South Bend, Indiana 46614 South Bend, Indiana 46601 rF f Z 0 t 6 � d e i4 SOUT g 1316 COUNTY-CITY Burr©rxG PHONE 5741235-9251 227 W.JEFFERsoN Bcuuvm) \\N w �.` FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 ' CITY OF SOUTH BEND STEPHEN J. LuRcu, MAYOR BOARD OF PUBLIC STORKS April 25,2011 Mr.Dave Hunter WJC Holdings CIO Portage Corp, 52303 Emmons Road South Bend, Indiana 46637 RE: Alley Vacation—Maple Road from Prairie Avenue South to the Bypass Underpass (Preliminary Review) Dear Mr. Hunter: The Board of Public Works, at its April 25, 2011, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Fire Department,Police Department, Solid Waste Ditiision and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Depattment of Community & Economic Development stated that there appears to be no significant reason for closing this road and recommended the denial of the requested area. Please contact Tony Molnar at (574) 235-9254 prior to picidng up your radius man. You will need a radius map showing properties within 150 of the proposed vacation for your r petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M.Martin,Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell,Engineering GARY A.GxoT,P.E. DONALD E.INKS CARL P.LITTRELL PRESIDENT Ma-BER MEMHER AA a r% A %M IN It ii O s 6 w 9 all >w = { . � � S rr^,R�Le�►�. � �'' t r — .....r.:a5 as• —:--- a i S f �A 1 -4�0 i7s �. n R op •"111 "'111 Jr.7 -...' +• —.._..,..,�—_ s i' i T'�r-"-", F'�la }6 7'Y!S'„72 3tFD[6[/ 6d[6 fJk 1 7[I[G 7tl[{17 n I ! Ys _ _ Mr"LU'. ..1110 kkrz 1 a�sarnco �" LAI k s6 earc'4i�1 I si ,,.� ....r RI r..........,. �l `• k I r ► dc +[ Ir IN SO 1 LYE► i6 IIH pm ilk ce 1111 � � "•�4�.a c O r:t�fl� Page 1 of l 3ennifer Corle - Re: Vacation - Maple road From: Andre Price To, Jennifer Corle Date: 4/8/20117:55 AM Subject. Re: Vacation -Maple road This will not affect city of South Bend trash collection. Andre Price City of South Bend Solid Waste Rept. Manager of Operations 574-277-8823 file://C:IDocurnents and SettingsUCORLETocal Settings lTemplXPgrpwise14D9EBJF7FSQ... 4/8/2011 A ■ / § fX § c 8k-w � ® a . �� � ��k ( i�§ k k ° / §� �2o2EjK s ■a § E 2 9I§3 r°-2L«$§k fu u§ m g & £0 L, _ � k§ & �» � � 7g - C o �tJoƒ322 c(& a _ © � §■ !■� o /�cm � � 2ELV Lu 2 }/f5{ ƒ2222 � £f ■ ® § . <)oQ���$=o�� ■ ■ ■= ■ q � ■ . k . � B22 IK LL2 § � § & a +r INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4!712091 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl Littrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byoml, Area Plan Commission 0byoomi cost `ose h.1n.us or 235-9813 fax) Stephen Goan, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m riffin nisource.corn (FYI Only) FROM: Linda M. Martin, Clerk .SUBJECT. REQUEST FOR RECOMMENDATION - STREET VACATION APPLICANT: WJC Hod6ings CIO Portage Corp LOCATION. Maple Road from Prairie Avenue South to the Bypass Underpass, DATE DUE: 4115111 FAX OR E-MAIL TO: 235-9171 /Imartin.82uMben,dIn.gov RECOMMENDATIONS AND COMMENTS: There appears to be no significant reason for closing this road,therefore, I recommend that this request be denier By Date / 1 enni er ore- e: Vacation- Maple road a e Frorn: Stephen Goen To: Jennifer Corle Date: 4/11/20117:16 AM Subject: Re: Vacation - Maple road No Objections This message may contain confidential and/or proprietary information, and is Intended for the person/entity to whom it was original addressed. Any use by others is sMctly prohibited, Lt.Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department-Traffic Investigations 701 W.Sample St South Bend,IN 46601 (574)235-7515 (574)235-7538 >>>Jennifer Corle 4/7120113:39 PM >>> Please return your recommendations a.s.a.p. enm er o e- e: Vacation - Maple road a e From: Federico Rodriguez Yo: Jennifer Carle Date: 4/11/20117:34 AM Subject: Re: Vacation - Maple road Approved S.B.RD Federico"Chico'Rodriguez Fire Marshal South Bend Fire Dept. 1222 S.Michigan Street South Send,In. 574-235-7564(0) 574-235-9305(F) Mdrigu@-outhbendin.gov >>>Jennifer Corte 4/7/20113;39 PM>>> Please return your recommendations a.s.a.p. Page I of 1 Jennifer Corte - Re: Vacation - Maple road �,1,.. . ... .. �a �.:� a, From: Chris Dressel Yo: Jennifer Corse Date: 4/15/20117:46 AM Subject: Re: Vacation - Maple road CC: Nancy Schrader Attachments. Nancy Schrader Recommended for approval. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574-235-5847 Pax: 574-235-9469 cdresseWsouthbendin.gov >>> Jennifer Corle 4/7/20113:39 PM >>> Please return your recommendations a.s.a.p. file://C:1Documents and SettingsWORLEILocal Settings\TernplXPgrpwise14DA7F7D5S... 4/15/2011 JC>HN W. BYORNI G EXECUTIVE 171f1ECTOR LARRY MAGLEOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JCPSEPH COUNTY, IN 227W.JEFFrz#SON BLVD. ROOMS 1140 COUNTY-CITY BLDG. SOUTH 8END,;ND1ANA 46601 (574)235-9571 April 13,2011 City of South Bend Board of Public Works 13`"Floor,County-City Building South Bend,Indiana 46601 RE: Right-of-Way Vacation Applicant:WJC)Holdings,Inc. c/o Portage Corporation Vacation of Maple Road from Prairie Avenue(State Road 23)to the U.S.20 Bypass Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The petitioner owns all the adjacent properties along the right-of-way to be vacated. It is our understanding that the vacation will not only address security and maintenance issues for the property owner but will also assist in marketing the property for development. (2) The vacation would not make access to the lands ofthe aggrieved person by means of public way difficult or inconvenient. Access to the adjacent parcels will not be affected since the petitioner owns a Iarge percentage of the adjacent undeveloped land (see attached map), It appears that an existing private driveway located within the right-of-way to be vacated will continue to provide access to two existing houses if currently occupied. The petitioner owns both of the parcels cn which these two houses are located. (3) The vacation would not hinder the public's access to a church, school,or other public building or place. The right-of-way to be vacated does not provide access to any church,school or other public building or place. SERVING.,ST.JOSEPH COUNTY,SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&KOSELP.ND www.acjaaephcountyi ndiana.aomfAreaplan (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Excluding the two houses as previously mentioned, the right-of-way to be vacated does not provide access to any of the adjacent undeveloped properties. Due to the above stated reasons,the staff recommends that the proposed right-of-way vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, trek Spier,AICP Planner E•IVAC-MOArS120M0tYIM1ZPle Roadfrom Prairie Ave(St Rd.23)to the Bypass.doe Wk � �°' 4" y �`'�� tai ' kl � s' u� � �;� � y ,• A� C ,�� a ;;, rr •�; � g � a i y QW 9, e < j ... .. �OWN y g Y P vs- s ah �S l�lf Y € f r �N @Wft0(g Np ', Y v v a r.4 1' P ��• � S y 1 will a wM a a � � Pti��iou6Yyyi . Y C) +, T m d• ,s � V' R •r 3 � 1400 Co -CrTYBuTLDING � �\ PHQNH 574/235-9241 227 W.JFrFkRSara Bo=vnxD ��\, CF�i�i FAX 574/235-7670 Sow BF-ND,IND3ANA 46601-1830 Y a[ 1965 CITY OF SOUTH BEND STEPHEN J. LuF-rISE, MAYOR DEPARTMENT OF I,AW CHARLES S. LEONE ALADFAN M. DFROSE CITY AT TO,RNFY May 18,2011 CHJFF ASSISTANT CITYAT TORNEY Mr. Derek Dieter President, South Bend Common Council 4'h Floor, County-City Building South Bend, IN 46601 Re: Ordinance Approving Block Party Fee and Withdrawal of Resolution 11-31 Dear President Dieter: Please withdraw from Council consideration Bill No. 11-31 which was a Resolution approving an application fee of$25.00 for block parties and similar events requiring closure of the public right-of-way, and also approving a Board of Works Resolution concerning this fee, In the place of Bill 1]-31, the Board of Public Works is submitting a new Ordinance which does not include a recommended dollar figure for the application fee, but which permits the Common Council to insert whatever dollar amount, the Council as a body deems to be fair, reasonable, and appropriate for the cost of such an application. It appeared to be the consensus of the Council's Personnel & Finance Committee that $25.00 was inadequate to cover costs and to discourage single person events which were not in the nature of a true neighborhood gathering. The Board of Works will defer to the Council in setting an equitable fee, which is the Council's prerogative as City fiscal body. Public Works Director Gary Gilot and I will present this Ordinance to the Council at its Personnel and Finance Committee meeting and at the regular meeting. I would appreciate it greatly if the Council's Personnel and Finance Committee could schedule a meeting to discuss this Bill prior to June 13 when the Council would normally hear this Bill in committee. I also attach a copy of the Board of Works' itemization of City costs incurred to act on an application to temporarily close a public right of way. As noted previously,that total cost is$165.12 per application. Thank you for your consideration of this Bill. Sincerely, Aladean M. DeRose _Ued .. Chief Assistant City Attorney 1 , ••p AMD/cw ,� 5+ . d1 ° THOMAS L. BODNAR CI-IERYL A. GREENE ANN-CAROL NASH ANDREA L. BEACHKOFSKY Ti.AWRF.NCE J.MFT81vER JEFFREY L.SANropD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING BLOCK PARTY APPLICATION FEE STATEMENT OF PURPOSE AND INTENT The City of South Bend presently incurs costs of approximately $165.00 whenever a South Bend citizen or group of citizens requests, through the South Bend Board of Public Works; to use and block vehicular access to the public right-of-way for special events such as block parties, neighborhood gatherings, hog roasts and similar events. The costs incurred by the City include (1) processing the application (2) closing down the requested right-of-way and (3) reopening it. The number of persons applying for this right-of-way use has increased significantly in the past year, with applications for single-owner, non-groups increasing most significantly. It is reasonable, fair, and appropriate that there be a cost for this application and that the application fee include and reflect a significant portion of the actual cost of the right-of-way closure process, The matter of an application fee to close the public right-of-way was the subject of a public meeting held by the Board of Public Works on February 28, 2011. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Board of Public Works is authorized to and shall charge and collect a fee of$ for any application by any person or persons to close the public right-of- way to vehicular traffic for purposes of holding a special event such as a block party, hog roast, neighborhood gatherings, and similar special events. Section 11. This Resolution shall be in full force and effect from and after its adoption by the Common Council and compliance with all requirements of law. Member, South Bend Common Gbuncil Attest: City Clerk COAXSw yVfl P�4 w Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Mayor, City of South.Bend Filed in ter s `CL st READING PUBLIC Hr�ARING pay�i ,i•�r��E Y��'�rr�t.� 3 rd READING yl 6 t CLe,i'" cFERRED ;SASSED o °o J r N p a- J w o Q O a N O r O O y Vl C C u! p O - O � LL ul 1 111111111 V 0 N o o (4 �D N to � W V Vi as '- a d o o° w) p a a b p O � U y 4 J w. 0 Q d d 0 O r N N 7k: 0 69 6q fR b9 [s9 . U Gi o a 'o o 00 0 � c N u9 as V3 r U � a o J ua n 8 `c 00 m iti N E O oC N Q. fC Q f9 ti C] N LA x d N C N N N _ 1 1 x X F}} t p C 7 C x t U ¢��Cc .,. i _ p � _. .. 4 Q O O y C p Q Z;o o rn o x 7AY(q y m _�,/A F a3i ¢ 8 ro c = X X 3 X rn P ��11 r ' ' c EL m p o N a m W m c� (D a �c a� m VOORDe OJ w u - CITEF c3 Y � ,— S; � CO U -i a !- U u m END If1 a [C a m a to a to a° a 6 b 6 u.i u: 0 2 OUT 1400CoUNry-CinBmDrNG I'trorrE574/235-9241 227 W.JEF}�.RsoN Bon_-vARD v �`� � r „ / sy" Sourer BEND,IFrDrAraA 4 FAX 5741235-7670 6601-1830 �� � �� x x 1863 CITY of SouTH BRNr) STEPHEN LuECKE,MAYOR DEPARTMENT OF ]LAW CHARLFs S. LEONE ALmFAN M. DERosE QTYATTORNEY May 11, 2011 CHjEF ASSISTANT G'TYATTORNEY Mr. Derek Dieter President, South Bend Common Council Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Chapter 13, Article 10 of the South Bend Municipal Code Concerning Firearms Dear President Dieter: The State legislature has passed and on May 10, 2011 Governor Daniels signed Senate Bill 292, a copy of which is attached. As you read the Bill, you will see that there is very little municipalities can do anymore in the area of gun control. Enclosed is an Ordinance substantially amending Chapter 13, Article 10 of the South Bend Municipal Code. For all practical purposes the entire Article 10 of Chapter 13 has been wiped clean, and the attached Ordinance authorizes the only restrictions that can be applied against members of the public. There will be a companion Ordinance in the near future concerning amendments to the Zoning Ordinance. Two separate ordinances are employed because the changes in Chapter 13, Article 10 will not have to go through the Area Plan Commission. The new Statute will go into effect July 1, 2011, so your immediate attention is appreciated. I will present this Ordinance to the Common Council and will answer any Council questions or concerns at the appropriate Committee meeting. Very truly yours, ,-::2 " Flied In l7 omas L. Bodnar 'u.,o o ' Assistant City Atto y TLB/cw o' vile r) 1-01TY CLERK CWTH SEND IN THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL.NASH ANDREA L.BEACHKOFSKY LAWRF.NCF J.METEIVER JEFFREY L. SANFORD JOIN E. BRODEN h U ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 13, ARTICLE 10, OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS STATEMENT OF PURPOSE AND INTENT Chapter 13, Article 10, sections 94 et se .. of the South Bend Municipal Code were originally adopted in February 1994 pursuant to "Home Rule" powers granted to local municipalities. Thereafter, the Indiana legislature enacted I.C. 35-47-11 and now I.C. 35-47- 11.1 which nearly annihilates a city's ability to regulate anything concerning firearms. This ordinance deletes those portions of Chapter 13, Article 10, Sections 94 et seq. of the South Bend Municipal Code which are inconsistent with or in derogation of I.C. 35-47-11.1-3 while exercising the residual regulatory powers over firearms granted to cities by state law. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend as follows: Section I. The title of Chapter 13,Article 10js amended to read as follows: ARTICLE 10. SELECTED ATAPONS AND INSTRUMENTS OF VIOLENCE PRO14BIT-RD FIREARMS AT PUBLIC MEETINGS DIVISION 1. LOADED ASSAULT WEAPONS PRO141BITED Section 11. Chapter 13, Article 10, Section 13-94 is hereby deleted in its entirety. Section III. Chapter 13, Article 10, Section 13-95 is hereby renumbered as Section 13-94 and amended to read as follows: Sec. 13-9-54. Definitions. The following definitions shall apply throughout this Article: explesive or incendiary mater-ia4 and designed and intended for use in any fireafm. (b) 4s-sauk W�e�eniy shall mean mid include- evef fifteen (Is) rounds; (2) Any semiautematie shotgun with a paefty ef more than nine (3) Firearms as deffned in 1. C. 35 47 1 > which have thfeads, lugs, or- othef , a eapaeity-&�, -1--be readily reslefei Aff ee�fiveAed to aeoept mer-e than fifteen (15) rounds of (6) Any combina4ion ef pafts which are designed., and intended solely and exelusively.fer- assembling a fir-eafm defined to be an assa-ult weapon as deffned above, or- ffem whieh an assault weapen eould be assembled inte on operable assau"eapen if sueh parts are located in the possession er-under the eentr-ol of one (1)per-son. spent eai4r-idge is ejeeted, and the weapen releaded and fired, by the aetie" of the-ga- -----.4--A trigger-is depressed. ,u/ U/iN/ILV y!yu shall eenvieted of a vielatien of the law. (f)--- Deaker-shall have the meaning set forth -.35 47-1 3. (g)Cq) Firearms shall have the meaning set forth in I. C. 35-47-1-5. � b Public Meeting shall have the meaning_set forth in I.C. 5-14„-1.5(c) (i) Afhie#sha4l ffiean any per-sen who is under-eighteen (18) years ef age. . , , (k) Xfije sha,11 mean a weapon designed or, redesigned, made or- remade, and usually fired rB {/`'�iY'�1_}l� lJy yyy/4LL J11LL11 mean // Seeui-io, guard sefviees shall inean an efAity or individual that engages in the (n) &iq?i autemalie shall mean any weapon which fires a single pr-ejeetile fef e” siiigle pull of the trigger-and which employs a m (e) Shoot,*erfiring raW shall mean a plaee fef tar-get praAke with fir-eafms, (p) She�gun shall hm,e the Eaeanings set fefffi in W. 35 47 1 11. Section IV. Chapter 13, Article 10, Sections 13-96 through 109 inclusive are hereby deleted and reserved. Section V. Chapter 13, Article 10, Section 13-110 is hereby renumbered as Section 13- 95 and amended to read as follows: Sec. 13- 995. Public places where the display of firearms are restricted; exceptions; signs to be conspicuously displayed. (a) The lintentional._display of F_firearms are is prohibited in ph-tees at public meetings these set feAh in 1-G. 16 10 1 6.,,n (2) Buildings and gr-eu-nds awned and/or eper-a4ed by a health facility,- "health n having the definitions as tha4 set fei4h in 1.C. 16 10 4 2; (3) Buildings and g-reunds eNN%ed wid/er- operated by a retail merchant, wi „ i, having the definifien as that set feAh in 1-4-3-1�- (4) flmunieipal eor-pefation" having the definition as thm set fefth in 1. C.36 1 2 10 (excluding all publie ways including but net lifnited to e alleys, ;. seq., places of business , or- n piety eper ting in the niter•5 and (7) Buildings and grounds evmed and/of operated by the &der-a! or state (b) This section shall not apply to:-sworn law enforcement officers while on duty. (4-) Per-sens issued an unlimited license fer the pwpese of the preleetion of life and pr-eperty, and licensees whe caffy a handgun as a eenditieii of empleyment"der 1.G. 35 47 (3) mks regulated an ' ray the Bureau of Alcehel,-TehuESO ,,,,.7 T'.i.enms (B A'TF - T> ( ) Security gu and seFyiees; ([5) Civil Pefense Police who have valid special pelice oemmissions; and /(6) Community eerfeetien officers, and q) designated ? Such ifidividuals shall be Fequired to pfevide valid preef of their status-as an exception to thi-S divisien upon easo ably ren..en4 (c) Signage Requirements: The person(s) or official(s) in charge of all buildings listed in this Section must conspicuously post signs warning persons of the display of firearms restrictions at all public entrances to such buildings, and have such signs posted at all major public parking areas on their grounds. However, the absence of a sign shall not be a defense to an ordinance violation under this Article if the Defendant had knowledge of the prohibition aLiainst intentionall des la in firearms in public meetings. Section VI. Chapter 13, Article 10, Section 13-111 is hereby renumbered as Section 13- 96 and amended to read as follows: Sec. 13-44-f 96. Penalties and confiscation of firearms. (a) Any person found- intentionally displaying a firearm in violation of this division Article shall be issued an ordinance violation citation with a fine of up to fifty dollars ($50.00) two thousand five hundred dollars ($2,500.00) fines for all subsequent vielations. Citations shall contain the date, time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. (b) Any firearm found displayed in violation of this Divisio Article shal-1 may be seized and cenfiscated held for evidence. Said firearm may only be returned upon proof of payment of any and all citations issued for such violation(s), and upon providing valid proof of ownership of said firearm; , (e) Penalties up to a total of t-,ve thousand five hundfed dollars ($2,500.00) for all ekations inaf_f .,.�1 f,", ,be imposed f 1, ,-1 1 4i evefy v1AU��.1Vllu, uvaaaaaaul lvvu vuiµ lAA1VU 111U� V4 llll�.]IJLI{:i o • \'J Additionally, , shall be-r-equired to attend and sueeessfully eamplete a faiftimum of tiiive (2) edjeational seminars en firearms safety seminars shall be eendueted by the South Bend Peliee De-paftment and/or the Qty4-duly authorized agefft. All eests related to said seffiinar-s shall be paid by thevielater. Section VII. Chapter 13, Article 10, Sectionsl3-117 through I3-122 are hereby deleted and reserved. Section VIII. All Division titles of Chapter 13, Article 10, are hereby deleted. Section IX. Chapter 13, Article 10, Sections 13-97 through 13-122 are hereby reserved. Section X. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. y P Member, South Bend CommonI(ouncil Attest: City Clerk fg =i Wing Md W ° ' Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Mayor, City of South Bend F Filed In lerk- t S st READING 3 1 MAY 18 20111 PUBLIC FIEARING 1 3 rd READING � JOHN V®®9i® NOT APPROVED dam'cal. , � �,ifs REI=ERREQ: PASSM _...,M SOU I '& 1200 COUNTY-CITY BUILDING PHONE 5741235-9371 227 W.JEFFERSON BOULEVARD U �� X r, ,� PA `.\PI ACE�j FAX 5741235-9021 SOUTH BEND,INDIANA 46601-1830 ' "'�'�� TDD 5741235-5567 mss-- R 1865 CITY or-SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMLTNI'TY & ECONOMIC DEVELOPMENT JEFFREY V. GTBNEY ExEcurivE DIRECTOR May 16,2011 Mr. Derek Deiter President, South Bend Common Council —� 227 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Dear President Deiter: The attached bill for Council consideration and approval will appropriate$1,708,707 in 2011 Neighborhood Stabilization 3 (NSP3) funds for the three year period of March 8, 2011-March 7, 2014. This action allocates new funds in accordance with the 2011 Action Plan and NSP 3 Amendment of the Housing and Community Development Plan(HCD)submitted to the Department of Housing and Urban Development on March 1, 2011. As was explained in the email notification to the Council sent February 8, 2011,the 2011 HCD Action Plan NSP3 Amendment was the subject of a 15-day public comment period that began February 11,2011 and expired February 25, 2011. The City received the Release of Funds Notice on April 21, 2011. Grantees have to expend 50% of the funds within 24 months from the HUD grant agreement execution date of March 8, 2011, and 100°/%no later than March 7, 2014. Should there be any questions on this bill please contact me at 235-5845. 1 will be present to address this issue at the June 13,2011 meeting. Thank you. Sin re , , 7 Pamela C.Meyer &- Director cc: Jeff Gibney Gregg Zientara John March Laura Raygoza COMMi3NITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.MFYFR DONALD E~ INKS MANAGEMENT C,J 5741235-9660 5741235-9371 ELIZABETH LEONARD Fax: 574/235-9697 5741235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,708,707 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 3 FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, MARCH 8, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Pu ose and Intent: The government of the City of South Bead, in partnership with the City's private sector and residents, is committed to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, has applied for and has received on March 8, 2011 the approval of the United States Department of Housing and Urban Development to expend $1,708,707 in the execution of certain housing rehabilitation/assistance, neighborhood development, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of$1,708,707 is hereby appropriated for the program year starting March 8, 2011, for the City of South Bend's Community Development Block Grant/Neighborhood Stabilization Program 3 (Program Year 2011). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under the Wall Street Reform and Consumer Protection Act of 2010, American Recovery and Reinvestment Act of 2009, and the Housing and Economic Recovery Act of 2008 (Public Laws 111-203,111-005, and 110-289) and of the Code of Federal Regulations, Part Five Hundred and Seventy(570) for Community Development and as modified Neighborhood Stabilization Program 3. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2011 Housing and Community Development(HCD)Action Plan and Amendment, which are hereby approved and incorporated by reference with respect to the following distributions: B-I 1 MN-18-0011 Neighborhood Stabilization Pro am 3 Dept. of Community&Economic Development - Admin 105,000 Northeast Neighborhood Revitalization Organization 1,603,707 Permanent Rental Housing for Special Needs Population 493,067 Redevelopment of Vacant or Demolished Properties 1,110,660 TOTAL $ 1,708,707 SECTION II. No costs will be incurred or funds expended for any of the activities addressed in this ordinance prior to completion of Tier 11 of the Environmental Review Process specified in Title Twenty-four(24) of the Code of Federal Regulations, Part Fifly Eight(58) containing the Environmental Review Procedures for the Community Development Block Grant Program. The official release of funds from the United States Department of Housing and Urban Development is dated April 20, 2011. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Plj � �F Member of the Common Co Acil Attest: OPPOW4 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock m. City Clerk Approved and signed by me on the day of , 20 , at o'clock m. Stephen J. Luecke, Mayor 1,t READING PUBLIC NEARING �k`�'{ia ± � L?; i 3 rd READING ... NOT APPROY0. /�/qg�/q (=�( ,4,E"i:.t;ra�(, 0061� CLErq K- -S'6:',.IT,., PASSED REFEIZRE[.� JOHN W. BYORNI EXECU'T'IVE DIRECTOR AW LARRY i"IAGLIOZZf DEPUTY DIRECTOR AREA PLAIN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY--CITY SLOG, SOUTH $END,INDIANA 46601 (574)235-9571 May 18,2011 The Honorable Council of the City of South Bend ,� � 4th Floor,County-City Building -- -- •.w." - ..m. - .,� _. South Bend,IN 46601 RE: An Ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code,Article I Basic Provisions, Section 21- 01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs,to add a new section to provide for Certification of Legal Nonconforming Lots, Uses, Building, Structures or Signs and to amend and add certain related definitions in Chapter 21 Article I I -APC#2582-11 Dear Council Members: I hereby Certify that the above referenced ordinance of Common Council of the City of South Bend, Indiana was legally advertised on Thursday,May 5,2011 and that the Area Plan Commission at its public hearing on Tuesday,May 17,2011 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the Ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code,Article I Basic Provisions, Section 21-01.03 Nonconforming Lots, Uses,Buildings, Structures or Signs,to add anew section to provide for Certification of Legal Nonconforming Lots,Uses,Building, Structures or Signs and to amend and add certain related definitions in Chapter 21 Article 11,as amended, is sent to the Common Council with a favorable recommendation, This ordinance establishes a formal process for the review and certification of legal non-conforming uses,allowing the Building Department to collect a wide range of information so as to make an informed decision. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, hn W. Byarn' JWB jsc Attachment SERVING:ST-JOSEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND www.stjosepheountyi nd is na.com/Areap Ian Staff Rem APC# 2582-11 Owner: Common Council of the City of South Bend, Indiana Location: Text Amendment Jurisdiction: City of South Bend Requested Action: An Ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, to add a new section to provide for Certification of Legal Nonconforming Lots, Uses, Buildings, Structures or Signs, and to amend and add certain related Definitions in Chapter 21, Article 11. Additional information: The proposed amendment establishes a more formalized procedure that determines whether a property can qualify as a legally established nonconforming use of land. The amendment proposes required and suggested submission materials, an application and fee, and the issuance of a certificate, if appropriate. Recommendation: Based on information available prior to the public hearing the staff recommends this petition be sent to the Common Council with a favorable recommendation. Analysis: This ordinance establishes a formal process for the review and certification of legal non- conforming uses, allowing the Building Department to collect a wide range of information so as to make an informed decision. Common Council of the City of South Bend, Indiana #2582-11 Page 1 of 1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 21-01.03 NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, TO ADD A NEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS,AND TO AMEND AND ADD CERTAIN RELATED .DEFINITIONS IN CHAPTER 21, ARTICLE 11. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, it has been determined that it is desirable to add a section to the ordinance to provide for certifying legal nonconforming lots, uses, buildings, structures and signs. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Basic Provisions, Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by replacing sub-section(b) with the following, new sub-section (b), and re-lettering the remaining sub-sections, as follows: b Certificate of Legally Established Nonconforming Use of Land. In order to protect the lawful nonconforming status of a nonconforming lot, use, buildiyZ structure or sign, a person who owns or operates said nonconform!iUg lot use building structure or si n shall request a Certificate of Legally Established Nonconforming Use of Land. The applicant,prior to the issuance of the Certificate of Legally Established Nonconforming Use of Land, shall bear the burden of proof to demonstrate that the lot, use, building structure or sign was legally established per the requirements of this section. Submitted materials shall include but not be limited to the following: W a completed application, on a forth properly signed and notarized by the owner of the subject property, and which submittal shall include at a minimum: legal description of the property_;._a site location map_property tax identif cation number,township assessor VMpegy cards; recorded documents such as contracts liens or leases; E:I0RD1NANCES1ZoninglSouth Bend0rafted AmendmentslNonConfortning UselAMD-TO-NEW-ORD NON_CONF.doe business records that provide insight into the establishment or continuing„use of the propeLty, photographic evidence; Department of Code Enforcement records- and any other information deemed appro rzp 'ate by the Zoning Administrator to determine the legal status of the nonconforming lot, use, building, structure or sigan as a lawful nonconforming use, and for the proper administration and enforcement of this Ordinance such as but not limited to: lease and buildina histories utility bills cit director listings,historical ads building ermits zonin g and variance histories, affidavits, etc. a fee, as established in Title 6 of the South Bend Municipal Code: {h}to Le) (e)to (d)to Lej (e)toift (f)to W (g)to (h) (h)to Q to LU (j)toLkj {k}to (1)to Lqll (m)to inj (atoms Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Basic Provisions, Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by deleting in its entirety sub-section(g) Discontinuation of Legally Established Nonconforming Uses of Land, and replacing it with a new subsection(g), as follows: Discontinuation of Legally Established Nonconformin Uses of Land If any legally established nonconforming use of land, other than a single family residence, is: abandoned for any period of time; or, discontinued or otherwise vacant for more than twelve 12 consecutive months (except when a probate related court order or government action impedes access to the premises), then subsequent use of such land h„ l - provisions of this Ordinance __ shall conform to the rovi 22,) An_y violation of this subsection shah result in enforcement proceedings.under Section 21-10 of this Ordinance. Section III. Chapter 21, Zoning, of the South Bend Municipal Code,Article 11, Definitions, Section 21-11.02 Definitions, is hereby amended as follows by amending the definition of the term "Use": Use: The purpose or activity for which land , buildings or structures are designed and arranged, or imended or which land, buildings or structures are occupied or maintained. Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11, Definitions, Section 21-11.02 Definitions, is hereby amended as follows by adding the definition of the term "Vacant": Vacant: A structure or lot that is not occupied or otherwise used for an allowable zoning activity. E:IORDINANCEWoninglSouth BendlDrafted AmendmentslNonConforming Use1AMD-TO-NEW-ORD NON_CONF.doe Section V. This Ordinance shall be in fiall force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock m. City Clerk Approved and signed by me on the day of , 2011, at o'clock M. Mayor of the City of South Bend, Indiana F110d In Ole $ ice 1st READING "� ' MO PUBLIC H;--ARING JOHN 00,450 3 rd READING C 4/ C R�SOM Betio, w NOT APPROWD REFEPRED, PASSED JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR [AREA PLAN COMMISSION OF ST . JOSEPH COUNTY , IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BENS], INDIANA 46601 (574) 235-9571 May 17, 2011 Honorable Common Council Of The City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Rill # 0 14 1 A bill of the Common Council of the City of South Rend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced petition: ORDINANCE: • Page 1: Section 1: line 3: an changed to and • Page 1 : (b) line 3: may changed to shall • Page 2: (d) and (k) are no longer underlined • Page 3: f g)(1)(B): otherwise is one word Attached is the amended ordinance, approvEd by the Area Plan Commission on May 17, 2011 . If you have any further questions, please call me at 574-235-9571. Sincerely, Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSEPHCOUNTYiNOIANA.COM