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HomeMy WebLinkAbout06-27-11 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MONDAY, JUNE 27, 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 11-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING PHIL ST. CLAIR FOR HIS DEDICATED SERVICE AS THE LONGEST SERVING SUPERINTENDENT OF THE CITY' S PARKS & RECREATION DEPARTMENT 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 32-11 PUBLIC HEARING 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 27-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1, 350, 000 FROM MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 37-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 38-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERRING $2, 931, 000 FROM THE RAINY DAY FUND NO. 102 TO THE HALL OF FAME DEBT SERVICE FUND 313 ($416, 000) , FIRE PENSION FUND 701 ($1, 200, 000) , POLICE PENSION FUND 702 ($1, 200, 000) AND UNEMPLOYMENT COMPENSATION FUND 713 ($115, 000) WITHIN THE CITY OF SOUTH BEND 31-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BLOCK PARTY APPLICATIONS FEE 8 . BILLS, THIRD READING TIME: BILL NO. 32-11 THIRD 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 27-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1, 350, 000 FROM MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 37-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 38-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERRING $2, 931, 000 FROM THE RAINY DAY FUND NO. 102 TO THE HALL OF FAME DEBT SERVICE FUND 313 ($416, 000) , FIRE PENSION FUND 701 ($1, 200, 000) , POLICE PENSION FUND 702 ($1, 200, 000) AND UNEMPLOYMENT COMPENSATION FUND 713 ($115, 000) WITHIN THE CITY OF SOUTH BEND 31-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BLOCK PARTY APPLICATIONS FEE 9. RESOLUTIONS BILL NO. 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 11-44 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 1117-1119 W. WASHINGTON ' ST. 10 . BILLS, FIRST READING BILL NO. 39-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2, 200, 000 FOR MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 11 . UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1 . BILL 10-11 - AMENDING CHAPTER 21, ZONING, OVERLAY DISTRICTS 2 . BILL 22-11 - REZONING - PROPERTY EAST OF AND ADJACENT TO 1710 SHERIDAN 3 . BILL 29-11 - REZONING - 2014 AND 2018 S. MICHIGAN .ST. B. REPORT FROM COUNCILMAN HENRY DAVIS, JR. ON HIS WASHINGTON D.C. TRIP WITH THE YOUNG ELECTED OFFICIALS 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. 1400 COUNTY-CI7YBmDTNG 4�;,.\ PHoNF 574!235-9241 227 W EFFF.RsoN BOULEVARD U ` �� I+f J CE/' FAx 5741235-7670 So=BEND,INDi.ANA 46601-1830 A � � I865 QTY of Sot TH BEND STRPHEN J. Umcn, MAYoR DEPARTMENT OF LAW CHARLEs S. LEONE ALkDEAN M. DERosE CTTY.ArT'oRNEY CHTEF AssTs-ANT CrrYATTORNEY May 11, 2011 Mr, Derek Dieter President, South Bend Common Council ' 4 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, -` ornas L. Bodnar Filed In 1 T � offs,,, Assistant City Attor y ' TLB/cw THOMAS L. BODNAR CBF,.RYLA. GREENE ANN-CAROL NASH ANDREA L.BEACHKOFSKY LAWRENCE J.METETVER JEFFREY L. SANFORD JOHN E. BRODEN �� 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 sec.. 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 10,is amended to read as follows: ARTICLE 10. SELECT-ED WEAPONS AND INSTRUMENTS OF VIOLENCE PRO141BITED FIREARMS AT PUBLIC MEETINGS DIVISION 1. LOAPED ASSAULT WEAPONS PRO141BITED Section II. Chapter 13, Article 10, Section 13-94 is hereby deleted in its entirety. Section 111. 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: (a) Ammunition shall mean any ammtmitioii ear-tridge, she!! er- other- deviee eeiAaining explesive or-incendiafy material and designed and in4ended f;ar-use in any fireafffl. i1KlA mean and lavauuv. weapon,(1) Any center fire rifle with autefna4ie aetion or semi au4emaie action or- ever-fifteen "11 7 �Feund-sl- 7 9 7 grenade J suppresser, J an (4) Any pai4 or eembination of parts designed to f4eilitate the attaehment of a 7 bayonet, J 7 firearm; (5) 0- eletarhahwe. 7 dru4n, belt, strip, 7 7 exelusively fof assembling a -fir-ewam defftated- te be an assault weapon as defined J fired,NNhieh an assault weapon raeuld be assembled in4e an operable assault weapon if sueh PaA.S are- leeated in the possession or under-the eepAfel of one (1)per-seti. spefft cartridge is ejected, and the weapen releaded and by the aetien of the gas gener-ated in fir-ing ef: by the fefee of the 7 resulting in the weapon confinuing to fire as long a tfiggef is .l o e.l (d) Chambered sh ll meafl ready to fire. (e) Gemmunit:y Gei-peetien Officer shall mean a" per-son employed by -a ge,i�efnmental ageney to ever-see individuals who are in eustedy for- alleged vielation or- (f) Dealer shall have the meaning set forth in 1. G.35 47 1 3. (,g)La) Firearms shall have the meaning set forth in 1. C. 35-47-1-5. Public Meeting shall have the meaning set forth in I.C. 5-14-1.5(c) (i) Afiner sball mean an),persen who is under- eighteeii (18) years efeg-e- 0) Per-son shall mean "� in-'iYr �eer-perattion,company, assoeiatien, -firm-, paftaership, club or seeie�y. (k) Rifl- e sha4l mean a weapon designed or- r-edesigned, made or- remade, and usually fir-ed.••ffe . !l� C .r..r n.]shall mean out efr-eae , and in n safe eenrlition. (m) Securio, guard serviees shall mean an enfity of individual 4ial eiigages in the (n) Semi automatie shall mean any weapon w-hieh fir-es a single pr-ejeefile fef (e) Shooting orfiring range shall mean a plaee fef tar-get praetiee ,A,ith fireafms. (p) Shotgun shall have the meanings set feFth in 1.C. 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. 13-41-095. Public places where the display of firearms are restricted; exceptions; signs to be conspicuously displayed. (a) The lintentional display of Yf rearms ar-e is prohibited ' ing public places at public meetings these set fefth in 1.G16 10 ' (2) Buildings and grounds ew-ned anWer- eperated by a health 7 "health facility" having the definitions as that set fefth in 1.C. 16 10 4 2- „ F, hm,ifig the definition as that set forth in 1.G.6 2.1 1 12--, FF fl streets, alleys, 7_ seq., 7 (6) Buildings and gr-etmds awned and/or operated any religious or-ga-flizatien of society operating in the 7 an (7) Buildings ,and grounds ew-ned and/or-operated by the federal er- state gevemmeflIsr. (b) This section shall not apply to-sworn law enforcement officers while on duty. (4 Persons issued an unlimited license for-the pur-pese ef the pr-eteetien e and prepefty, and lieeflsees who carry a handgun as a eendifien of empleymen4 under 1.G. 35 47 (2-) "Excepted pers ",F in i f' 35 ill 7 22. (J) regelated and , Teba (5) Civil Defense Police whe have valid speeial peliee eemmissions; an /(6) Community effice�-arid P7 Building owner-s and their- designated agents, and per-sofis pr-eviding Such individuals shall be required to provide valid proof E)f theif status as an exception to �his r iyisi.-.v, upon feas.nable request. (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 knowled e of the prohibition against intentionally displgying 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. 13-444 96. Penalties and confiscation of firearms. (a) Any person fad intentionally displaying a firearm in violation of this division Article shall be issued an ordinance violation citation with a fine of W to fifty dollars ($50.00) two thousand five hundred dollars ($2,500.00) fines fef=all subseqiaeta 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 feted displayed in violation of this Division Article shall may be seized and cometed 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; _ upon sueeessful eempletien of all edueational seminars, and Upen (e) Penalties up to a total of twe thousand five htmdred dellafs ($2,500.00) for all (d} Additienally, any persan fetmd in vi-elatie-n of this divisien, shall be required to attend and sueeessfully complete a A-f w— ",I\ 11 and pef-fer-in a miRimttm of twenty (20) heu-,s of eemmunily sefviee for- eaeh violation. S seminars shall be reenducted by Ihe Seuth Bend Peliee DepaAment and/oF the City's dul authefized agent. All eesis related te said sefflinar-s shall be paid by the vielater. Section VII. Chapter 13, Article 10, Sections13117 through 13122 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 fail force and effect from and after its passage by the Common Council and approval by the Mayor. f Member, South Bend Common, ouncil Attest: Of r hF14 r e ad n"to 1 y e,an City leric or u"o I d'a Y Wd u 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 an. Mayor, City of South Bend Filed In ClerkS ' ®� I sr READ€NG AY 1 2 01 1 PUBLIC HEARING 3 rd READING � CLERK VOO NOT APPROVE a , END,IN � REFERR€Q PASSED�.._� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,350,000 FOR MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 STATEMENT OF PURPOSE AND INTENT Several projects pertaining to economic development, community development, and structural improvement have been identified of interest and benefit to the City of South Bend. Among these are: I. St. Joseph Hospital area site consolidation for economic and community development investment ($1,200,000); 2. US 31 Project utility relocation($60,000); 3. East Bank riverwalk repair of structurally deficient boardwalk support pylons ($50,000) 4. Elbel Golf Course water pump equipment replacing inefficient and obsolete equipment ($40,000); It is necessary to appropriate the funds to make the above identified capital investment expenditures. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. The following sums are appropriated and set aside within the fallowing City Funds for purposes of capital investments on various projects: Project Fund $Amount Site Consolidation Fund 408 EDIT 1,200,000 Utility Relocation Fund 412 Major Moves 60,000 Riverwalk repairs Fund 201 Parks & Recreation 50,000 Equipment Investment Fund 201 Parks & Recreation 40,000 Totaj.. .... _. _.. ... 1,350,000,.,; Section H. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. F� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY'OF SOUTH BEND, INDIANA FOR THE YEAR 2011 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10045-10 and#10046-10, passed 10/25/10) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2011. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 0 l c �> Member of the Common Council Attest: Slg of this big i only to pro In OPPMU�ItRy for public he City Clerk coon Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2011, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2011, at o'clock m. Mayor, City of South B _ _. Hied In b1erk'S � 1C 1 st READING ' S PUBLIC HEARING 'UN - 3 3rd READING NOT APPROVO. REFERRED JOHN VOO N L- CITY CLERK,SC ur*F e w ,IN PASSED UT CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER June 8, 2011 Mr. Derek Dieter President, South Bend Common Council 4"'Floor, County-City Building South Bend, IN 46601 re: Ordinance of the Common Council for Budget Transfers of Various Departments within the Civil City of South Bend Dear President Dieter: Unforeseen conditions have developed since the initial adoption of the existing budgets approved by Common Council Spending Ordinances #10045-10 and #10046-10 which necessitate the increase and reduction of appropriations within various departments of the General Fund and other funds of the City of South Bend during 2011. Attached is a spending appropriation bill for this purpose with an attachment providing details to all of the increases and reductions. The attached schedule is incorporated into the bill itself and made a part thereof. The increases and reductions included herewith are expenditure neutral for the 2011 budget, with increases and reductions netting to a zero dollar appropriation. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. It is requested that this Bill be filed for 1" reading at the June 13, 2011 Council meeting, with 2rld, 3rd reading and council vote at the June 27, 2011 Council meeting. I am available to discuss any matters concerning this bill at the convenience of Council. Regard fl, Gregg ®. Mara --° - Filed in Clerk's � : . cc: St n J. Luecke, Mayor of the City of South Bend r JUN - 5 �1 JOHN VOORD1E CITY CLERK,SOUTH BEND,IN County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 5741235-5567 COUNTY-CITY BUILDING -F3= >, PHONE 574-235-921$ 227 VU,JEFFERSON BOULEVARD QU�_ l'- Ax 574-235-9928 SOUTH BEND,IN 46601 - �' '' G 3 PEACE i,3 z>365r f CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR OFFICE OF ADMINISTRATION& FINANCE GREW D.ZIENTARA, CITY CONTROLLER June 10, 2011 Mr. Derek Dieter President, South Bend Common Council 4'h Floor, County-City Building South Bend, IN 46601 Re: Ordinance of the Common Council Transferring Monies from the Rainy Day Fund to Support Temporary Cash Flow Issue Negative Cash Balances in Certain City Funds Dear President Dieter: Due to possible delays in receipt of certain property tax revenue, State of Indiana distributions of cigarette tax revenue from the State /County, and police and fire pension relief reimbursement payments from the State of Indiana it has become necessary to temporarily transfer monies from various funds within the City to depleted funds to meet current operational expenses. All funds from which temporary transfers are to be made have sufficient monies to accommodate the temporary transfers. In the event that the property tax distribution, cigarette tax distribution, and police and fire pension relief reimbursements are received prior to June 30, 2011, and sufficient to negate the deficit position, the temporary transfer of funds approved by this ordinance will be unnecessary and will not be actioned. Should such transfers of temporary funds be required, the transfers will be returned to the transferring fund, at the earliest position, upon receipt of sufficient distributions to the funds in question. City Administration requests the Common Council to consider this Bill at the June 13, 2011 Common Council meeting, under the introduction of "unfinished business", to allow this Bill to move forward for required public advertising and enable appropriate Council required actions for adoption at the June 27, 2011 Common Council meeting. Controller Zientara will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Regar , Filed In Clerk Gregg D'tra f,t,ID 14)1 cc: Stephen J. Luecke, Mayor of the City of South Bend C 04 69K,10 N g11SWo,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $2,931,000 FROM THE RAINY DAY FUND NO. 102 TO THE HALL OF FAME DEBT SERVICE FUND 313 ($416,000), FIRE PENSION FUND 701 ($1,200,000), POLICE PENSION FUND 702($1,200,000)AND UNEMPLOYMENT COMPENSATION FUND 713 ($115,000) WITHIN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT Due to possible delays in receipt of certain property tax and State of Indiana distributions of cigarette tax and pension relief payments, it has become necessary to temporarily transfer monies from various funds within the City to depleted funds to meet current operational expenses. All funds from which temporary transfers are to be made have monies sufficient to accommodate these temporary transfers. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The aggregate sum of$2,931,000 shall be transferred from the following fund as follows: « $2,931,000 from Fund No.102 - Rainy Day Fund Section II. The monies totaling an aggregate sum of$3,068,000 transferred per Section I from Fund No.102 shall be deposited and loaned temporarily to the following fund: « $416,000 to Fund No. 313 _ Hall of Fame Debt Service Fund • $1,200,000 to Fund 701 —Fire Pension Fund « $1,200,000 to Fund 702—Police Pension Fund « $115,000 to Fund 713 —Unemployment Compensation Fund Section III. All monies transferred under Section I to the funds designated in Section II shall be paid back to the originating fund no later than December 31,2011. Section IV. City Administration anticipates that sufficient property tax and state revenue will be received prior to June 30, 2011 to eliminate many of these fund deficits. To the extent that sufficient revenue is received, City Administration will not implement this ordinance or will partially implement this ordinance as necessary to ensure a positive cash balance in each of the funds designated in Section II at June 30,2011. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. aour�r�� 1400 CovNrY--Crrr BtntrIm r- N ,\ �� PHONE 5741235-9241 U 227 W. �� \1 i �� �E� saN BOIIt EVARD �. MICE � � FAx 5741235-7670 SOtrn-tBEND,INDiANA 46601-1830 1865 QTY of SouT'H BF-ND STEPHEN J. LuFcn„ MAYOR .DEPARTMENT OF LAW CHARLES S. LEoNF_ ALADEAN M. DERosE CrrYArroRNEY CHiEFAssrsrANr Cn-YATroRNEY June 23, 2011 Mr. Derek Dieter President, South Bend Common Council 41h Floor, county-City Building ff South Bend, Indiana 46601 Re: Substitute Bill 3 1-11 —Block Party Application Fee Dear President Deiter: With the most helpful cooperation and assistance of Council Attorney Kathleen Cekanski-FalTand, I have drafted and tender a Substitute Bill 31-11 approving application fees for block parties. This Substitute Bill is based on two core concerns; (1) that residential block parties which are not for a private event like a birthday party should be permitted and (2) that the City should recoup a portion of its actual costs when it closes a public street to accommodate a block party. The Substitute Bill contains definitions for block parties generally, and for residential and non-residential block parties in particular. It also sets two application fees: $125.00 for non- residential block parties and $50.00 for residential block parties. Thank you for your consideration of Substitute Bill 31-11. Sincerely, Aladean M. DeRose Filed in VOWS- office JUN 2 3 2011 JOHNVOORDE CITY CLERK,SOUTH SEND,IN THomAs L. BODNAR CHERYL A. GREENE ANN-CAROL NASH ANDREA L. BEACHKOFSKY LAWRF..NCE J.METENER JP.FFREY L.SANFORD JOHN E, BRODEN SUBSTITUTE BILL 31-11 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 1. For purposes of this Ordinance and Board of Public Works Procedure the following definitions shall apply: (a) Block Party: An event which uses and blocks access to a public right-or-way requiring approval by the Board of Public Works. (b) Non-Residential Block Party: A public assembly sponsored primarily by business(es), including non-profits, having an enterprise(s) on a non-residential street for the benefit of the public. (c) Residential Block Party: A public assembly sponsored solely by and limited to the actual residents of a block(s) on a certain street. SECTION II. Application and Fee Required. (a) At least four (4) weeks prior to a proposed residential block party or non- residential block party, an "Application for the Use of and Blocking of access to Public Right-of Way for a BIock Party" must be properly completed and filed by an applicant per Board of Works procedure. (b) The Board of Public Works is authorized to and shall charge and collect not less than the following fees for any application filed requesting the closing of a public right-of-way to vehicular traffic for purposes of holding a residential block party or non-residential block party: (1) Non-Residential Block Party Fee $125.00 (2) Residential Block Party Fee $50.00 (c) All applications approved by the Board of Public Works shall be subject to the Board's "Instruction Sheet" and a "Permit/Agreement" detailing governing rights and responsibilities of the parties. SECTION III. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and compliance with all requirements of law. ` /1 r" Member, South Bend Common CKouncil Attest: City Clerk ` 1' 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 Clerk's OffiC�r. 1st READING �Z 3—It JUN 2 3 2011 � puEuG HEARING 3,0 READING ?,110T APPROVED CITY CLERK. SOUTM f END,ICE kE ERRED PASSE RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH SEND,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 36-7-4-918.6 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 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 order to permit a special exception to a allow a two family dwelling in a SF2 District SECTION II. 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: r 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. 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 C it and ap vaf the or. Member of the Common Council j,Hed in Clare.:. MAR 2011 PRESENTfL) 1, CITY"CLERK, a+�t':at PTED 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. Cosimo Bumbaca Date Fr`an�J. Agostino, F4sq` Att6rney 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 018-5095- 3346 G & M PROPERTIES 11797 Old Oak Drive Granger IN 46530 018-5095- 50500 Arrowwood 3355 PIENKOWSKI JAMES Court South Bend IN 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 018-5095- 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 OF 359301 PUBLIC PARKS 1400 County City Bldg South Bend IN 46601 3285 018-5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 018-5093- 3288 NAVARRO GABRIEL 1318 Howard S# ISouth Bend IN 46617 018-5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 098-5095- 3344 J CORP INC 1224 South Bend Ave South Bend IN 46617 018-5495- 3357 1008 DUEY LAND TRUST 115 S Lafayette South Bend IN 46601 p18-5495- 3336 FIVE CORNERS LLC 814 Mar .ecta South Bend IN 46601 018-5095- 3363 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018-5095- 3371 STALLING SAM & CHERYL 1028 Talbot Av South Bend IN 46617 018-5095- 3343 GRADY BARRY S. AND MABLE 3435 CREEKVIEW DR South Bend IN 46635 018-5095- DOUBLE DOMER PROPERTIES 3367 LLC 812 W 15th Place Chicago IL 60608 018-5095- 3379 KELLEY JOHN H AND MARY E 1004 Ta'"^t St South Bend IN 46617 018-5095- 3366 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend IN 46617 018-5095- 3374 HUNT GERALD P 10330 Brummit Rd Granger IN 46530 018-5095- 3361 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 01 a-5095- 3373 THAUMATURGUS INC %The Omega Group South Bend IN 46614 018-5095- 3384 WARREN SYLVIA M 1323 Howard St South Bend IN 46617 018-5102- 3590 HUIZAR LINO & MARICRUZ 1333 Howard St South Bend IN 46617 018-5095- 337a COVINGTON PRINCE & LETA 5124 W Colfax Av South Bend IN 46619 018-5095- 2512 Lincoinway West 3356 SMART GUYS LLC Ste 1 Mishawaka IIN 46544 01 3284 ROZ ROZ LLC 309 S Logan St South Bend IN 46615 018-5093- 3256 WRIGHT JACQUELYN 1310 E Howard St South Bend IN 46615 018-5092- LIGHT OF THE WORLD 3272 SPIRITUAL CHURCH 1224 E Howard St South Bend IN 46617 018-5092- 3275 5 CORNERS,LLC 814 MARIETTA ST South Bend IN 46601 018-5092- 327801 CHISM BETTY P 0 Box 6631 South Bend IN 46660 018-5092- 3279 NABAA JULIA B 1246 Howard St South Bend IN 46617 018-5092- 3281 ROZ LLC 309 Logan South Bend IN 46615 018-5095- 7855 Gi :;ss Point Rd 3358 RAYBEE SOUTH BEND LLC-1 Unit F Skokie IL 60077 MAHO VENTURES LLC UND 99% INT & RONALD KYLE BOCINSKY UND 1% INT TIC 018-5095- BETWEEN THE RESPECTIVE 3368 UND INT 701 Plantation Cove Woodstock iGA 30188 018-5095- 338002 WARREN SYLVIA M 1323 Howard St South Bend IN 46617 018-5095- 3359 WHEELER FRANCINE 1247 Howard St South Bend IN 46617 MC DANIEL JAMES, MARTIN BRUCE MCDANIEL, THOMAS 018-5095- MCDANIEL& RICHARD 3341 MCDANIEL ALL UND 114 INT 1227 E Howard St South Bend IN 46617 018-5095- 3365 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend IN 46617 018-5095- REESE ETHEL MAE & HILL 3377 DORIS R I 1008 TALBOT South Bend IIN 46617 PARCELID NAME 1 - MAILINGADD MAILINGCIT MAILING MAILING 018-5095- MATTHEWS JAMES R& MARIA 3369 E 1011 Cardinal Dr Zion IL 6p099 018-5095- 3351 FIVE CORNERS, LLC 814 Marietta South Bend IN 46601 NORTHEAST NEIGHBORHOOD 018-5097- REVITALIZATION 3448 ORGANIZATION INC 803 Lincolnway West South Bend IN 46616 NORTHEAST NEIGHBORHOOD 018-5097- REVITALIZATION 3449 ORGANIZATION INC 803 Lincolnway West South Bend IN 46616 018-5095- FEDERAL NATIONAL. 14221 Dallas Pkwy ste 3370 MORTGAGE ASSOCIATION 1000 Dallas TX 75254 018-5095- .3348 OWENS DELL 1215 South Bend Ave South Bend IN 46617 SCOTT JOSEPHINE & LIGON 018-5102- ERNESTINE W/JOSEPHINE RES 3582 LIFE EST 1306 South Bend Av South Bend IN 46617 018-5095- 3349 HOMEWORKS HOLDINGS LLC 2913 Mishawaka Ave Mishawaka IN 46545 ROWELL ALEXANDER & 018-5095_ DARRELL& CHESTER ALL 3350 BROTHERS 1248 South Bend AVE South Bend IN 46617 O'18-5095- 3352 BLUE & GOLD HOMES LLC PO Box 6462 South Bend IN 46660 018-5102- 1302 South Bend 3581 ALBERGO PATRICK F Avenue South Bend IN 46617 a1s-5a95- 3342 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 0-0 d°r°. CD O4 ,. ��_' -,• � ''.' 21i;` 'G�J �}yip f O N H O p m rn N � O p M o m � n L 0 a> n O � �c •f H �l P 1A° n OS xq� ofl m m Illil I c !7 rn � w n 7 m _ N � H 3Fhryn ° y O m 'I a 6 N J G y Vo W p N A C m 1 Y P � a co O v✓ .:r .N' C p L O AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (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 ABZA 4/6/11 Dear Council Members: The above referenced petition of Cosimo 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, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah BUMBACA 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 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 33E 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 B EC A U SE-. 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 an: UNFAVORABLE RECOMMENDATION ADOP'T'ED this 6th Day of APRIL,201 1. YES NO 0 MICHAEL URBANSKI ABSENT RANDALL MATTHYS ® JACK. YOUNG Q GERALD PHIPPS 0 ROBERT HAWLEY 0 JOE VELLEMAN M BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1117-1119 V W. Washington St. 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 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: 1117— 1119 % W. Washington St. in order to permit To allow a duplex in a"SF2"District SECTION II. 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; 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 FH.ed in Clerk's 3 MAY Z.011 Nr-SENTED (0 JOHN VQGVVA1' NOT APPRO CITY CLERK,SOUTH IkNrt,IN f y To Whom It May Concern: 05/03/2011 Seeking a Special Exception to allow a duplex in a"SF2"District and from the following variances. From the required 60' Frontage to 55.44 and from the required 60' lot width to 55.44 from the required 25' front yard setback to 13.4 from the required 6' side yard setbacks to 4.4' on the west line to 8' on the east line. Rachel L. Givens 2426 Kenwood Ave South Bend, IN. 46628 574-289-6174 Property Address: 1117-1119 % Washington Street South Bend, IN. 46628 Portage Township 1. The Proposed use will not in any way be injurious to the public because we keep our properties clean and drug free. We tell as well as enforce, to all our renters, that if there is any suspected drug or criminal activity that we will inform and give the police permission to search the premises. That alone builds strong morals and a good police neighbor relationship. This in turn makes the community safer. 2. Said Property has been present for years with minimal to no up keep. We will perform all repairs and get it occupied. Said property is a duplex, therefore it will not affect the adjacent areas or the apartment complex within the next block; as a result the property value will increase. Also, we volunteer to have the triplex torn down. With this being done we lose financially but, gain a more improved area. 3. The proposed use will be consistent with the character of the district. Just Iike the Heritage Foundation,we want to bring good quality living, at a reasonable price, to lower income families. Unlike other landlords we have a lot invested in this area,because we live in this community as well. 4. I agree with the city's Comprehensive Tian to not only bring the city back to where it was originally and to make it a better place to live. My mother and I are strong believers in this vision,my mother has lived in the same house for almost 40 years and has worked in her current position for over 30 years and has invested her hard earned money into this community. So, its not for the money, this is for the pride of the neighborhood. Thank you, Rachel L. Givens x f LOT 3 ROCKAFELLER'S FIRST ADDITION PORTAGE TOWNSHIP, ST. JOSEPH CO, INDIANA 14' ALLEY 55.44'(R) 6.4't COVERED 2ND FLOOR PORCH ------ --------- ' 3fis' 1.7'f b TWO N STORY a 1 FRAME 36.fi' k r CONCRET SIDEWALKS LOT 4 LOT 3 LOT 2 o 0 co 0 m Q) k W r 0] 'r A 4.4'f 35s' 2.0' TWO STORY $ FRAME v E H P3 n 34,2' I____-"' 37_6•_ ..---.. F, E ED PORCH 13. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAx: (574) 235-5541 June 2, 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 Rachel Givens ABZA 611111 Dear Council Members: The above referenced petition of Rachel Givens was legally advertised on May 20, 2011. The Area Board of Zoning Appeals gave it a public hearing on June 1, 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 to allow a duplex in a"SF2"District, on property located at 1117 & 1119 '/2 W. Washington Street, is sent to the Common Council with No 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, Aw _ Mark A. Lyon Assistant Zoning Administrator MAL/cah GIVENS 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: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive. Therefore,the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: 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: 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: 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: NO RECOMMENDATION ADOPTED this I ST Day of JUNE,2011. YES NO MICHAEL.URBANSKI RANDALL MATTHYS D JACK YOUNG GERALD PHIPPS ROBERT HAWLEY LD JOE VELLEMAN BRENDAN CRUMLISH MRS. HENRY: The representative for Ms. Givens is here now. RACHEL L. GIVENS The petition of Rachel L. Givens seeking a Special Exception to allow a duplex in a"SF2"District and for .the following variances: from the required 60'frontage to 55.44', from the required 60' lot width to 55.44% from the required 25' front yard setback to 13.4' and from the required 6' side yard setback to 4.4' for an existing house, on property located at 1117-1119 '/z W. Washington Street, Portage Township. Zoned "SF2". MR. BRIAN GIVENS: 2426 Kenwood Ave., South Bend, Indiana. The duplex has been there and we were planning on tearing down the tri-plex that is in the back. It's a duplex in the front and a tri-plex in the back. MR. URBANSKI: Mark this duplex has been a duplex for several years...? MR. LYONS: It had been a duplex at one time. It has been vacant for 12 consecutive months therefore losing their grandfathering which is why they're back in front of you today petitioning to re-institute the duplex use as a legal non-conforming use. MR. URBANSKI: And it's basically going to be less units on the property by them tearing down the units behind it? MR. LYONS: The units in the back they're going to be tearing down. I believe they are going to convert that into the parking area for the duplex. MR. PHIPPS: Mark is the building,that they're going to keep in good enough shape that it can be feasibly rehabilitated and used as a duplex and be an asset to the neighborhood or...? MR. LYONS: The building is capable to be rehabbed. It's not in great shape but it is not, I would not say it is structurally deficient to where it's a safety hazard. MR. URBANSKI: Any other questions or comments from Board or staff? MS. NAYDER: Our comments are that we are in favor of it. It's an existing situation. I did talk with this gentleman before when we trying to possibly save the building in the back and going through the differences of Special Exception versus re-zoning versus subdivisions etc. This is kind of what we ended on these 16 Area Board of Zoning Appeals—June 1, 2011 Special Exception and variances for just the one building was kind of the easiest or the least processes to go through to get to the final product. MR. PHIPPS: Chnsta in your comments did you say that there are other duplexes in the neighborhood? MS. NAYDER: There aren't other duplexes there, there is an apartment building a couple blocks to the east. MR. VELLEMAN: How long have you owned this property sir? MR. GIVENS: We owned it for about five years. We bought them all from this gentleman named Mr. Hughes. Me and my brothers have been working on them one at a time making our way because we got a package deal for eleven of them and we know we have to go this way down the street instead of'starting there so that's why we haven't got to it yet. MR. URBANSKI: It appears like you have been taking care of the outside of it. MR. GIVENS: Yes sir. We keep the grass cut. We get a notice or somebody throws some trash out there we go immediately and pick it up. TN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MR. URBANSKI: We do have two letters, one is from Charlotte Pfeifer, who is speaking now and I'll read the other one when she is done. MS. CHARLOTTE PFEIFER: I reside at 1013 W. Washington Street. I'm about 3 houses down from this property. You have my letter before you? MR. URBANSKI: Yes. MR. PFEIFER: The thing I wanted to I guess emphasize in addition to what I have in the letter is I think you all know that the Near Northwest Neighborhood Organization is one of the oldest neighborhood organizations in the City of South Bend. And we have a history of course of fighting for that neighborhood. Kind of restore it from drugs and other kinds of inappropriate behavior. We're trying to, we went through that whole neighborhood about 20 years ago because the zoning was all over the place. As you know it's and old residential, manufacturing, business district. And because of that if fell into disrespect and disrepair. There were businesses there. Some legal, some illegal. Properties there, some people took care of them some people didn't. The neighborhood organization, the West Washington, Chapin Neighborhood Organization came together and we went through each one of those properties to try and restore to single family. There was a time when I moved into that neighborhood, I've lived in that neighborhood for 41 years. I've lived in that particular property on west Washington Street for 17 years. When I first moved there people said "are you crazy, why would you want to live on west Washington Street?" After those of us in 17 Area Board of Zoning Appeals—June 1, 2011 the neighborhood have gotten together cleaned it up, built new places, torn other places down, now people are proud to live on west Washington Street. The problem we have with this property in particular is that the present owners allowed it to stay vacant for over a year. And South Bend Heritage purchased it and then they redeemed it through the process. We don't have much home for people who allow property to sit vacant for more than a year. You know those are mini challenges all over the City of South Bend and our neighborhood in particular. We ask you to allow we the neighbors, those who live there and have our families to let us to have control of our own destiny. We work really hard. We cut our grass. We try and petition and bring other people in. We try to show properties. We don't see this use making this a duplex in keeping with what we want to do those of us who live there want to do with that neighborhood and we see it as a detriment. This land owner and we have lots of people that are renters who take good care of their property but I don't have tell you that anyone in your neighborhood where you to live that would allow property to sit vacant for a year is not the kind of property owner that you would want in your neighborhood and we don't want them in our neighborhood either. We ask you do allow us to be in control of our own destiny. The staff didn't talk to any of the people who live there as they gave their support. They certainly didn't talk to me and like I said I live just 3 houses away. We're fighting very hard for that neighborhood and we're asking you to support us. We live there and we want to die there. And we want the neighborhood to look good. The perception of the neighborhood, you know anything that goes wrong they say, "the west side, the west side" and we get hit with that all the time and there are people who are afraid to even come in our neighborhood and when they do come to our neighborhood and they see vacant property that re-enforces what the new media says. We live there, we love it and we know what's best for our neighborhood and we ask you to support us. MR. URBANSKI: Charlotte may I ask you a couple of questions? MS. PFEIFER: Sure. MR. URBANSKI: The young man who owns it says he purchased 11 properties in the neighborhood. Do you see the reason why possibly this was done, that it sat vacant for 12 months? MS. PFEIFER: No I don't. MR. URBANSKI: Have you, it sounds like the petitioner has other properties in the neighborhood. Have you been able or had a chance to look at them to see what kind of shape they're in after he has done renovation on them? MS. PFEIFER: No but I would love to have those properties so that I could look at them. I can tell you that the one we're talking about I go by it all the time because I see it... MR. URBANSKI: Yeah 3 doors away... MS. PFEIFER. And I don't think you would want it in your neighborhood. MR. URBANSKI: Okay, I was just curious if you had seen what he had redone on the other buildings? 18 Area Board of Zoning Appeals—June 1, 2011 MS. PFEIFER: No I don't know. But I can look at that one, the property in the back, the third property, caught on fire and has been sitting there burnt out all this time. A burned out property boarded up. And the one in particular does not look very attractive at all. And so I don't see why we should believe that a person that would neglect a property, lose it on a tax sale, why we would have any say that they're going to take care of it. And I think you know the article in the paper talked about all the beautiful homes that we have. We actually just sold a house a very nice house on the corner of Jefferson and Laurel. We're trying to get young people and maybe some people not quite so young to move in who want to be property owners you know and cut the grass and take care and be good neighbors. They have not been a good neighbor. And so anyone who is a good neighbor we support them. I think you all know that neighborhood. We've got apartments, we've got the group homes. We're not"not in our neighborhood type of people." We want very simple things. We want to you to cut your grass, we want you to pick up the trash, we want you to act as if you had to live next door. 'And I don't think that's asking too much and there's no reason for us to believe that a vacant property that would be lost to a tax sale that they now deserve the right to redeem it and then just kind of pick up where they Ieft off. We have no reason to believe that they're going to do it. The other thing to is there are plenty of vacant houses in our neighborhood and you drive by them and you wouldn't know they were vacant. That's a house that's well taken care of This one if you drove by you know it's vacant. MR. PHIPPS: Ms. Pfeifer may I ask a question also? MS. PFEIFER: Yes. MR. PHIPPS: I think we'd all like to do what's best for the neighborhood but I'm just struggling to understand how refusing them permission to upgrade this and possibly letting it remain vacant would be a help to the neighbors. Are you assuming that South Bend Heritage or someone else would buy it and then re-hab it? MS. PFEIFER: Well I can give you a perfect example. Right next door, the house we're talking about, then there's a beautiful historic apartment house, it's beautiful and then right next to that is a vacant house and about two years ago South Bend Heritage in fact wanted to tear it down and make it a duplex and the neighborhood again said we would, it's a beautiful home actually and it has some artistic significance, we would rather see it sit vacant until there is someone who would come along and do what we want to do in the neighborhood rather than just kind of settle and let people do what they want. You know once you let someone have a property and you let them do what they want with it, it's hard to get rid of it. I'd refer you to Bull's Eye, I mean we could talk for a couple of hours about some of the problem properties in South Bend. Once you let an owner who does not have, who hasn't shown you. I don't know this individual so this is not personal, I mean I don't know him at all. All I can go by is what I see. And so if I see you not doing a good job, if I see you disrespecting the neighborhood, I don't have any reason to believe that now you're going to change your mind. We know that once a person does what they want to do then we're stuck. And we've been stuck too many times in that neighborhood. We the neighborhood organization have a real clear vision of what we want in our neighborhood and we would rather see it sit vacant until someone comes along and will run it and own it and take care of it the way we in the neighborhood take care of our properties rather than take a risk on someone who let a property go on the tax sale and didn't take care of it. 19 Area Board of Zoning Appeals—June 1, 2011 MR. HAWLEY: I'm struggling maybe with what Jerry is struggling with and that is if that house sits there vacant and it's a mess now and it's going to be a mess a year from now, it didn't accomplish anything. Maybe when we have an opportunity to speak to this gentleman again he can share with us, maybe it's resources, the money he needs to move from one house to another to improve it and I would like at some point to hear what he has in mind to improve this property so that it does meet what you find acceptable. MS. PFEIFER: Most of the time when people don't pay their taxes, I guess people don't pay their taxes for a variety of reasons, one of the reasons might be that they don't have the resources to pay their taxes. If you don't have resources to pay your taxes, I don't see how you have a resource to take care of your property. MR. HAWLEY: Valid point. MR. URBANSKI: Thank you ma'am. Anyone else wishing to speak in opposition to? MS. NOREEN MORAN: I live at 716 W. Colfax. I've lived in the neighborhood for 50 years. I won't repeat what Charlotte said but in precise answer to your question, someone did buy if from the tax sale with perfect ability to re-do it or something else. When that was done that was when the owner chose to redeem it on the tax sale. There's very mixed zoning extending from large houses, post second world war, but in 1991 the Board of Zoning Appeals went through all of the property areas and made it single family zoning except for the bigger apartment houses and so forth. That is almost, well it is twenty years ago. The current I've been informed by Code and zoning and even though it was built and I'm not sure that it was built as a duplex because the architecture does not support that, the doors do but it does not matter it reverts to the more conservative zoning when it's left open at that point. We have perhaps 60 to 70 per cent of multi family housing. South Bend Heritage's Washington Place Apartments are there. We have no objections to that. They're kept up very well. They look like houses, they're there. There are the Washington/Colfax apartment. There are other large buildings. So it's not like we're taking to make this some suburban Granger situation. What we need is more places for single family housing, people to come in. They don't want to come in completely overpowered by the alternative situation. This property was not kept up. The roof in the front is coming apart from the main roof and so forth. The house that was burned. We would have not objections to the lot changes and so forth but it's not been taken care of and they only redeemed it because somebody else bought it so there is a purchaser. It's just that there's nothing about it. We don't need more duplexes which become rental, large rental units of people who are living in conditions that are not very good for them and the landlord does nothing about it. So this is not a way to clear away any kind of multi family housing. We have plenty of it. Like I said the majority structures are from the early 1900's. We like the fact that you would obey the current zoning laws that are setup which is that it reverts to conservative zoning and that a duplex does not get grandfathering if it's not grandfathered. Thank you. MR. URBANSKI: Just one quick question. Are you aware of any of the other house that have be revised, approximately 10 houses that Mr. Givens...? MS. MORAN: No I'm not but I would make the point that people who have a large numbers of houses, I would say and I'm president of the neighborhood organization, 100%of the time we do not see any improvement. What we see are people who come in and they put signs, "we buy cheap houses", "we buy this", the houses go, they're large groups. We have Paul Kusbach right now as a landlord doing that on west 20 Area Board of Zoning Appeals—June 1, 2011 Jefferson. His houses smell even. People come up and they won't even go in the door. The people who own that number of houses all the time never in the history of my 50 years have they done anything. Only large groups such as the development corporations do anything. The people who buy up properties like that are trying to get an income for themselves which would be fine. They do not do quality work. They do not follow code, they do not, they do not follow the permit situations. MR. URBANSKI: Thank you. We have a letter from South Bend Heritage Foundation. I'd like to read this. South Bend Heritage Foundation is a local community development corporation that has primarily served the Near Westside Neighborhood since 1974. In cooperation with the Near Westside Neighborhood Organization, South Bend Heritage Foundation has pursued the development and preservation of single family homes throughout the neighborhood. South Bend Heritage Foundation has also developed multi family housing, when and where appropriate,per the support of the Near Westside Neighborhood Organization. It is the understanding of South Bend Heritage Foundation that the Near Westside Neighborhood Organization is not supportive of the aforementioned Special Exception request at this time for various reasons. While South Bend Heritage Foundation recognizes and appreciates the intentions of the petitioner to rehabilitate the property for multi family use, South Bend Heritage Foundation respectfully endorses the position of the Near Westside Neighborhood Organization that the petition be denied. Mr. Givens would you like to come up and respond to the comments that were made? REBUTTAL: MR. GIVENS: 2426 Kenwood. That house I know for sure the one they're talking about on Washington used to be a crack house. Mr. Hughes was an older gentleman, which most of the homes that he owned were crack houses. Them guys would go in there and sell crack. He's older, he couldn't check on the-properties. If you go down Studebaker from the 400 block all the way down, new siding, new windows, new roofs, I do most of the work myself, me and my brothers. I went to carpentry school so it ain't shabby work. Please go down the street and look you will see the workmanship. All the houses we mostly done is rented out. We don't have vacant homes once I'm done with it. None of them are vacant so they ain't got nothing to worry about. As far as vacancies the Heritage Foundation is saying something about vacancy, the lot next to the property I've been cutting since we owned the house and that's Heritage Foundations lot. What are they doing with the old Hansel Center,that's vacant ain't nobody speaking on that but they speaking on our house. Another think is the Heritage Foundation offered us, I talked to them about selling the house because they, "okay you all can buy the house I ain't got no problem with that". My mother ain't got now problem with that. All we wanted was the money we got invested in it which was around thirty grand, to get back. They told us no. So Heritage Foundation; I'm kind of quivering because I'm kind of upset right now, excuse me, but Heritage Foundation offered us,they paid the taxes for 12,000 we turned around and paid the taxes but at the time while we wasn't working was we go off my income for doing side jobs and my mothers income, she works at AM General, she been living in this community for 30 some plus years and working at AM General. She had cast her foot for a minute she couldn't work so that's why production had stopped or went to a stand still. So please if you all want to, you all want to see the work, go to any house on Studebaker in the 400 block because we own like most our houses in that block, you'll see workmanship, new roofs, all the houses with new roofs, new windows,new siding, that's our. Them are our houses. That's what 1 did. So there ain't ho shabby work. We pulled all our permit. We got permits. Permits in the windows in the houses that we're working on now. So... 21 Area Board of Zoning Appeals—June 1, 2011 MR. URBANSKI: Sir out of eleven houses you said you had purchased, how many are left to be remodeled, to have work on them, besides this duplex in question now? MR. GIVENS. Well when we said eleven I was counting the one we voluntarily tearing down so that would be bring it to ten, so we ain't going to count that one, so three left. We've got to finish our building that I'm going to turn into barber shop into the neighbor and then neighborhood a barber shop right there on the corner of Linden and Studebaker. I got put the siding on in the next couple of weeks. So we've got three to finish. MR. URBANSKI: Okay. MR. GIVENS: That will be the third on so the building, the one at 112 and the one on Washington Street, MR. URBANSKI: Okay, thank you sir. Any other questions from Board or staff or is there a motion? MR. FEDDER: Well first of all you've got to realize that you got the double thing here. There's a request for three variances. In addition to that this is a matter that's going to be referred to the South Bend Common Council so you'll only be in a position to make a favorable, unfavorable or no recommendation. As we have in the past I would suggest that if you're going consider granting the variances that you make those variances subject to the final authority by the South Bend Common Council. I don't know that this gentleman under stands it but this Board can only give a recommendation. This matter then has to go on to the South Bend Common Council who has final approval so if they approve the classification, so be it. If they do not then the request for the variances would also fall even though they may give you temporary approval for the variances it would be subject to final approval by the South Bend Common Council. MR. VELLEMAN: Well do we really have to do that? Because if they don't approve the Special Exception and it converts back to single family and someone still wants to rehab the house, they still have to have the variances. MR. FEDDER: So, you're correct. MR. VELLEMAN: So we don't have to make it subject to the Special Exception? MR. FEDDER: No, you don't have to. MR. URBANSKI: Do you understand what we're saying Mr. Givens? MR. GIVENS: No sir. MR. URBANSKI: Some of the variances that you are asking for need to be in place even if you turn into a one family unit. MR. GIVENS: Okay. 22 Area Board of Zoning Appeals—June 1, 2011 MR. URBANSKI: If you get denied by the South Bend City Council to change it back to a duplex. So we're going to vote on the variances. If the variances get approved then the recommendation we have to make to the South Bend Common Council is whether we send it with a favorable recommendation, unfavorable or no recommendation. Because we send it with a favorable it doesn't mean that they will turn it down or vice versa. We,can send it with no recommendation or unfavorable and they can approve it. But by us voting separately for the variances and if they get approved at least you will not have to come back here again. MR. GIVENS: Okay. MR. PHIPPS: Jim, does the Building Department have any experience with Mr. Givens, are you familiar with his work or...? MR. MARKLE: If he's a registered contractor he's just like every other contractor, we don't have testing for contractors. Are you a registered contractor sir? MR. GIVENS: No. MR. URBANSKI: If he's working on his own homes he wouldn't have to be then. MR. PHIPPS: Jim so you have no experience with him? MR. MARKLE: No experience. MR. GIVENS: I went to school for carpentry with the union up in Warsaw. And what I can't do I hire people to do. Electricity, plumbing and... MR. URBANSKI: It seems to me if he's pulling permits that he has to... MR. GIVENS: Yes we are licensed and bonded and insured. MR. URBANSKI: Any questions or is there a motion? A motion for approval of the variances was made by Mr. Phipps and seconded by Mr. Velleman. The motion carried unanimously. MR. URBANSKI: Do we now a motion on the Special Exception? The staff recommends a Favorable Recommendation. MR. PHIPPS: Mr. Chairman it's an uncomfortable position that we're in and difficult decision to essentially flake someone's property away from them or take their value away from their property, although there certainly would be grounds if they haven't cared for it in that year that that would be reasonable but Mr. Givens has I guess given some explanation as why he hasn't. He's not a long teen owner. My motion is that 23 5 Area Board of Zoning Appeals—June 1, 2011 we send it to the City Council without a recommendation and request that maybe they do some more research as to the quality of the rehab on the buildings that he has. MR. URBANSKL• Okay we have a motion to send it to the Common Council of the City of South Bend with no recommendation. Do we have a second? MR. HAWLEY: I'll second. A motion to send the Special Exception to the Common Council with No Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried &-1. PETITION FOR VARIANCES GRANTED PETITION FOR SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH NO RECOMMENDTION JOHN W BYORNI EXECUTIVE DIRECTOR AW LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574) 235-957t June 22, 2011 0 41 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: An Ordinance initiated by the Area Plan Commission on behalf of the Northeast Neighborhood Revitalization Organization amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend Municipal Code, as amended, amending Article 6,Overlay and Special Use Districts by adding a new Section 21-06.03, "NNDA" Northeast Neighborhood Development Area Overlay Zoning District;and amending the zoning map of the City of South Send to apply the new overlay district to an area generally known as Northeast Neighborhood Development Area(NNDA),City of South Bend. -APC#2585-11 Dear Council Members: I hereby Certify that the above referenced ordinance of was legally advertised on Thursday, April 7, 2011 and that the Area Plan Commission at its public hearing on Tuesday, June 21, 2011 took the following action: Upon a motion by Gerry Phipps, being seconded by Donna Chamblee and carried, the n Ordinance initiated by the Area Plan Commission on behalf of the Northeast Neighborhood Revitalization Organization amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend Municipal Code, as amended, amending Article 6, Overlay and Special Use Districts by adding a new Section 21-06.03, "NNDA" Northeast Neighborhood Development Area Overlay Zoning District; and amending the zoning map of the City of South Bend to apply the new overlay district to an area generally known as Northeast Neighborhood Development Area(NNDA), City of South Bend is sent to the Common Council as amended with a favorable recommendation. The overlay zoning district is the logical fruition of the objectives of the Northeast Neighborhood Development Area Plan and City Plan. It establishes a development environment that not only protects the existing character of the neighborhood but encourages future, new development to reinforce the unique neighborhood identity. 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, ' John W. Byo JWB.jsc Attachment Cc: Marco Mariani, South Bend Heritage Foundation SERVING:ST.JOSEPH COUNTY.SQUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND www.stjosephcountyindiana.com/Areaplan Staff Report APC# 2585-11 Owner: APC Initiated Location: Generally south of Angela Blvd, west of Twyckenham Drive, north of Lasalle Avenue and east of the St. Joseph River Jurisdiction: City of South Bend Requested Action: An Ordinance initiated by the Area Plan Commission on behalf of the Northeast Neighborhood Revitalization Organization amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend Municipal Code, as amended,.amending Article 6, Overlay and Special Use Districts by adding a new Section 21-06.03, "NNDA" Northeast Neighborhood Development Area Overlay Zoning District; and amending the zoning map of the City of South Bend to apply the new overlay district to an area generally ,known as Northeast Neighborhood Development Area(NNDA),City of South Bend, Land Uses and Zoning: On site: On site are single family homes zoned SF2 Single Family and Two Family District; the new St. Joseph High School site to be zoned SF2 Single Family and Two Family District; the State Road 23 corridor zoned MF1 Urban Corridor Multifamily District, MU Mixed Use District and GB General Business District; parts of the former Madison Center campus zoned CBD Central Business District; and Eddy Street Commons zoned PUD Planned Unit Development. North: To the north is the University of Notre Dame zoned U University District. East: To the east, across Twyckenham Drive, is the Coquillard Woods neighborhood zoned SF1 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District and various businesses on Colfax Street zoned MU Mixed Use District. West: To the west is the St. Joseph River. Additional information: An overlay district does not change the underlying zoning of any parcel within the boundary. The proposed overlay district will encourage high quality design to future buildings and site development, allow for development reviews to maintain the character of the neighborhood, and create a strong and cohesive neighborhood image. 5 Criteria(per IC 36-7-4603): 1. Comprehensive Plan: Policy Plan: City Plan,South Bend Comprehensive Plan.November 2006 LU 1.2 Integrate City Plan policies into future plans for the city's districts, neighborhoods, and corridors. Plan Implementation/Other Plans: Northeast Neighborhood Development Area Plan December 2003 Objective: To promote design standards that respect and conserve the architectural and social fabric of the neighborhood. #2585-11 Page 1 of 2 Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The overlay zoning district is the logical fruition of the objectives of the Northeast Neighborhood Development Area Plan and City Plan. It establishes a development environment that not only protects the existing character of the neighborhood but encourages future, new development to reinforce the unique neighborhood identity. FOR THE FULL TEXT PLEASE VISIT OUR WEBSITE. www,stiosepheountyindiatia.coin/departments/aroRlan Click on Rezoh ng'Forms from the left menu. Click on"Minutes,Agendas and Staff Reports"on the bottom of the page. Select"June"under APC Agendas& Staff Reports 2011 #2585-11 Page 2 of 2 w Mr " 'ire WON Orl AN 0 F,IN 0 pT. r WMA, , .,40 MA IV144 RM� M, .�- Mm 1�r 1100 ..... ..... AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21: ZONING ORDINANCE OF THE CITY OF SOUTH BEND MUNICIPAL CODE,AS AMENDED, AMENDING ARTICLE 6,OVERLAY AND SPECIAL USE DISTRICTS BY ADDING A NEW SECTION 21-06.03,NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT; AND AMENDING THE ZONING MAP OF THE CITY OF SOUTH BEND TO APPLY THE NEW OVERLAY DISTRICT TO AN AREA GENERALLY KNOWN AS NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA 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. The zoning ordinance contains provisions for establishing Overlay Districts. The South Bend Redevelopment Commission has established the Northeast Neighborhood Development Area. Residents of this area have been working to establish design guidelines for this area. On August 26, 2009, the Commission approved and adopted its Resolution No. 2598 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST NEIGHBORHOOD DESIGN GUIDELINES". On September 15, 2009, The St. Joseph County Area Plan Commission approved Resolution No. 203-09 which approved a resolution of the South Bend Redevelopment Commission amending the Development Plan for the Northeast Neighborhood Development Area (hereafter referred to as "NNDA") and adopted the Northeast Neighborhood Design Guidelines. 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, be amended by adding the following new section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District(hereafter referred to as "NNZO"). Sec. 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District Notwithstanding any provision elsewhere in this South Bend Zoning Ordinance ("hereafter referred to as "this SBZO")to the contrary, all new development within the NNZO shall be subject to the following regulations. In the case of conflict between the provisions of this NNZO and other provisions of the SBZO, the provisions of this NNZO shall control. (a) Intent. It is the intent of this NNZO to codify a number of the recommendations of the Northeast Neighborhood Design Guidelines which are most relevant and applicable to new development in the NNDA. Page 1 of 26 By codifying a number of the recommendations of the Northeast Neighborhood Design Guidelines, the NNZO accomplishes the following purposes: (1) To establish a comprehensive design approach for the NNDA; (2) To encourage high-quality design of future buildings and site development that preserves and enhances the character of a traditional neighborhood; (3) To create a strong, unique neighborhood identity image; (4) To provide a range of design options to address future development opportunities; and (5) To instill and enforce the sense of"pride of place" among residents, businesses, and property owners. (b) Applicability (1) New Development—The regulations contained in this NNZO shall be applicable to all new construction on real property located within the area designated as the Northeast Neighborhood Development Area Overlay Zoning District on the Zoning District Map for the City of South Bend. In order to assure the compatibility of new development within the NNDA with that of the surrounding community, any new building, structure or sign within the NNDA after the effective date of the NNZO shall be subject to the regulations contained in this NNZO. Renovations or expansions of existing buildings, structures, or signs are not subject to the regulations of this NNZO but shall be subject to all applicable regulations of the underlying zoning district. (2) Land Use—The land use permitted on any individual lot with this NNDA shall be determined by the underlying zoning district. (3) Development Standards—The determination of which of the development standards and regulations of this NNZO shall be applicable to a particular lot, project or development shall be determined by the proposed use of the real property, not by the underlying zoning district. (4) Special Exception Uses—For those uses which must be reviewed by the Board of Zoning Appeals and approved by the Common Council through the Special Exception Process in accordance with the underlying zoning, the applicable regulations of this NNZO shall be determined by the Board of Zoning Appeals and the Common Council as part of their determination of the appropriateness of the use. Page 2 of 26 (c) Definitions. In addition to the definitions contained in Article 11, Section 2 1-11 Definitions, the following definitions apply in this NNZO. (1) Arcade—A series of arches supported by columns or piers; a building or part of a building with a series of arches. (2) Articulation- The relationship of contacting surfaces to create a series of plane changes in order to avoid a flat appearance. (3) Atrium - An opening connecting two or more stories other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. (4) Bay - One unit of a building that consists of a series of similar units, commonly defined by the number of window and door openings per floor or by the space between columns or piers. (5) Belt Course - A narrow, horizontal band projecting from the exterior walls of a building, usually defining the interior floor levels. (6) Brace - A diagonal stabilizing member of a building frame. (7) Bracket - A support element under eaves, shelves or other overhangs; often more decorative than functional. (8) Building Mass - The height, width and depth of a structure. (9) Building Scale - The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings. (10) Cantilever- A projecting beam or part of a structure supported only at one end. (11) Casement -A window with sash hung vertically and opening inward or outward. (12) Colonial Style - The style of architecture, decoration, and furnishings of the British colonies in America in the 17th and 18th centuries, mainly adapted to local materials and demands from prevailing English styles.[Provide graphic] (13) Cornice - Projecting ornamental molding along the top of a building or wall. (14) Craftsman Style - A movement that originated in England in the late 1800s as a reaction to poor-quality, mass-produced goods, conceiving of craft and decoration as a single entity in the fabrication of objects. [Provide graphic] Page 3 of 26 (15.1) Cupola- A dome shaped roof on a circular base, often set on the ridge of a roof (15.2) Decorative Fence—A fence made of metal or wood with open areas representing not less than 75% of the fence area. Chain link,barbed wire or similar style fences shall not be considered decorative. (15.3) Decorative Wall—A wall made of brick, split-face block, or other decorative masonry material. Plain concrete block shall not be considered decorative. (16) Dormer- A vertically set window on a sloping roof; the roofed structure housing such a window. (17) Eaves - The projecting overhang at the lower edge of a roof (18) Egress - An exit. (19) Flat Roof- A roof that has no perceptible pitch or slope. (20) Fenestration - The arrangement of windows in a wall. (21) Gable - A triangular wall segment at the end of a double pitched or gabled roof. (22) Gambrel - A ridged roof with two slopes on each side, the lower slope having the steeper pitch. (23) Hipped Roof- A roof with four uniformly pitched sides. (24) Ingress - An access or entry point. (25) Lintels - A beam supporting the weight above a door or window opening. (26) Mansard Roof- A roof that has two slopes on all four sides. (27) Masonry- Wall construction of materials such as stone, brick and adobe. (28) Modern Style—The style of architecture commonly referred to by architects, and in North American architectural literature, as "Modern" or "Modernistic". For example, see McAlester, Virginia. & Lee,A Field Guide to American Houses, Alfred H. Knopf, New York 1984 p. 464 et seq. [Provide graphic] (29) Molding- A continuous decorative band that is either carved into or applied to a surface. (30) Mullion - A vertical member separating, and often supporting, windows, doors or panels set in a series. Page 4 of 26 (31) Parapet - A low, solid, protective wall or railing along the edge of a roof or balcony. (32) Pavers - Preformed paving blocks that are installed on the ground to form patterns while at the same time facilitate pedestrian and vehicular travel. (33) Plaza - An open space that may be unproved and landscaped, usually surrounded by streets and buildings. (34) Portico - A major porch or overhang supported by columns. (35) Prairie Style - A style of the early 20th century, notably Frank Lloyd Wright that emphasized the horizontal lines responding to the flatness of the Midwestern prairie. [Provide graphic] (36) Setback- The distance between a building and any lot line. (37) Sill- The lowest horizontal member of a frame structure, resting on and anchored to a foundation wall (38) Spindle - A turned wooden element, often used in screens stair railings and porch trite. (39) Steeply-sloped - Having a pitch of 10112 or greater for a minimum horizontal distance of thirty-six inches (36"). (40) Street frontage: Primary—a parcel's front lot line abutting the street on which the parcel's address is platted. (41) Street frontage: Secondary—a parcel's side lot line where, because the parcel is a corner lot, the side lot line abuts a street other than the street on which the parcel's address is platted. (42) Streetwall - The continuation of zero lot line building facades along a street. (43) Step back - An architectural element in which the upper stories of a tall building are stepped back from the lower stories. (44) Transom -A crosspiece separating a doorway from a window or fanlight above it. (45) Tudor Style - A transitional style of English architecture that developed during the reign of the royal house of Tudor in the second half of the 18th century, characterized by the Tudor arch and the application of Renaissance details to buildings. [Provide graphic] Page 5 of 26 (46) Turret - A small, slender tower usually at the corner of a building, often containing a circular stair. (47) Uplight- A decorative light fixture used to accent architectural elements or landscaping. (48) Vault - An arched ceiling of masonry. (49) Veranda - A roofed open gallery or porch. Page 6 of 26 (d) Single Family and Two-Family Residential All new single family and two-family residential construction shall comply with the following regulations: (1) Single Family and Two-Family Residential Building Massing (A) Angular or curved building massing is prohibited. (B) Building heights shall not be less than one (1) story (or fifteen feet [15']) and shall not exceed two-and-a-half(2 %Z) stories (or thirty-five feet [35']). (C) Front doors and windows to major rooms shall face the primary street. (D) Front porches are required and shall have a minimum depth of eight feet (8') and cover a minimum of fifty percent(50%) of the primary street elevation. (2) Single Family and Two-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard, mock mansard, and barrel roofs are prohibited. GABLED ROUP !AlL0YlE01 Y.7AidytAC Aty,'1F E1h71 AllC1✓t?6) (C) Eaves shall have a minimum overhang of two feet (2) and a maximum overhang of three feet(3'). (3) Single Family and Two-Family Residential Building Design and Materials (A) Facades (i) Buildings that have identifiable architectural styles shall incorporate elements and details that remain consistent with that style. (ii) Unarticulated, Modem Style building facades are prohibited. Page 7 of 26 (iii) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (iv) Building designs that create blank wall conditions facing primary or secondary streets or orient front doors so that they are not visible from the primary street are prohibited. (v) The front door and windows shall be the dominant elements of the front facade. (B) Fenestration (i) Buildings shall provide fenestration on facades facing primary and secondary streets. Exposed, blank walls are prohibited. (ii) Door and window shapes shall be rectangular(oriented vertically), square,or Palladian. (iii) Round,hexagon, and octagonal shaped doors or windows shall only be allowed as accents. (iv) The front door shall be the dominant feature on the front facade of the house and shall remain consistent with the building's architectural style or character. (v) Doors and windows shall be made of painted metal,wood, fiberglass or vinyl. Dark or reflective glass is prohibited. (vi) Mill finish(non-colored)aluminum door and window frames are prohibited. (vii) if a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood, metal, fiberglass or vinyl. (viii) Solid metal security gates,metal roll-down windows,and link/grill security devices are prohibited in all residential windows and doorways. (C) Materials 0) "Jumbo," or other commercial-grade/scale bricks, cinder/concrete block, unfinished metal,plywood,unfinished pre-cast or poured- in-place concrete are prohibited on any residential building facades. Page 8 of 26 (ii) Roofs, if sloped, shall be clad in cedar wood shake, fiberglass, asphalt shingles, prefinished metal shingles or slate. (iii) When used, asphalt or fiberglass shingles with a "shadow line" effect are encouraged, as long as they meet or exceed local building codes. (D) Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10% of the fagade area. (E) Projections (i) Residential entrances shall be visible from the street, easily accessible, and well-lit. Architectural elements such as porches, porticos, and canopies are required to identify residential entrances and maintain the existing neighborhood character. (ii) The floors of front porches shall be raised between twenty-four and forty-eight inches (24"-48") above finished grade and be designed so as to allow access to the public sidewalk at the front lot line. (iii) A front entry porch, portico or canopy element shall provide for a minimum depth of six feet(6'). (iv) Porticos shalt extend relative to the door or access they frame, up to 30% of the primary fagade. (v) Porch handrails of perforated metal, stainless steel cables, or unfinished metal mesh are prohibited. (vi) Open porch bases are prohibited. Porch bases shall be continuously skirted with a painted wood Lattice panel,masonry, or similar material to the primary building. (F) Lighting (i) Floodlights and uplights with bulbs greater than 100 watts on residential building fagades are prohibited. Motion-sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent,fluorescent,LED or metal halide Page 9 of 26 lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Mechanical Equipment and Utilities (i) Exposed mechanical equipment along primary and secondary street frontages is prohibited. (ii) Window-mounted air conditioning units placed facing primary or secondary street frontages are prohibited. (iii) Satellite television dishes shall be located according to the provisions of the SBZO, unless documentation is provided to demonstrate a lack of reception, shall not be visible from the primary street frontage. If such documentation is provided, the satellite television dish shall be located as discretely as possible. (5) Single Family and Two-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical)shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) Decorative walls, decorative fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the primary or secondary streets. (C) Decorative walls, decorative fences, and hedges shall be no greater than five feet(- 5') in height along the rear and side property lines that do not face the streets. (6) Single Family and Two-Family Residential Parking and Service Areas (A) Off-street parking shall be provided by an enclosed garage located to the rear of the primary structure. (B) Side-loaded garages accessible from primary or secondary street frontages are permitted only when legal alley access to garages is not available. (C) Garages that gain access from the front of the property or the primary street are prohibited unless there exists a lack of legal access from an alley or secondary street. Page 10 of 26 (D) If the garage door on an attached garage must face a primary street due to lack of legal access from an alley or secondary street,the garage door must be set back a minimum of 20 feet from the front fagade of the house. (E) Garages oriented with garage doors facing an alley shall have a setback (apron)of not less than 18' from the alley, sufficient to accommodate the parking of an automobile. (F) Garage setbacks shall include paved and screened locations for trash cans if trash cans are not stored in the garage. (G) No more than one(1) double or two (2) single garage doors are permitted to face any primary or secondary street. (H) Garages shall incorporate roof types that match the roof type of the primary building. Hipped and gabled are acceptable roof types. (I) Three-car garages are prohibited. (J) Driveways fifteen feet(15') or greater at the curb or circular designed driveways within the front yard setback are prohibited. (7) Single Family and Two-Family Residential Building Addresses (A) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (e) Multi-Family Residential All new multi-family residential construction shall comply with the following regulations: (1) Multi-Family Residential Building Massing (A) In the event of mixed residential building types on abutting lots located within the same block face, the height and massing of new multi-family buildings shall be no more than twice the height and massing of the immediately abutting building, including buildings on the same lot. (B) Angular or curved building massing is prohibited. (C) Buildings shall not exceed three (3) stories or forty feet (40') in height. (2) Multi-Family Residential Roof Shapes Page 11 of 26 (A) Eaves shall have a minimum overhang of two feet (2') and a maximum overhang of three feet(3'). (3) Multi-Family Residential Building Setbacks (A) Building setbacks shall not exceed ten feet(10) from the right of way line of the street on which the parcel's address is platted. (4) Multi-Family Residential Building Design (A) Facades (i) All residential buildings shall include design elements including but not limited to front doors/entries, front porches, articulated rooflines, and balanced/symmetrical fenestration on the primary facade. (ii) Residential buildings that have identifiable architectural styles shall incorporate elements and details that remain consistent'with that style. (iii) Unarticulated, Modern Style building facades are prohibited. (iv) Front building fagades shall be oriented toward, and parallel to, all primary street frontages including corner lots. (v) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (vi) The front door(s) shall be a prominent feature on the front facade of the building and shall face the primary street frontage. (vii) Building designs that create blank wall conditions facing the street or orient front doors so that they are not visible from the street are prohibited. (viii) Front doors and windows shall be the dominant elements of the front facade. (ix) Garage doors shall face alleys or be oriented so as to not face the primary street frontage. (x) Front doors, mailboxes, and windows to major rooms shall face the primary street frontage. (B) Multi-Family Residential Fenestration Page 12 of 26 (i) Buildings shall provide fenestration on facades facing primary and secondary streets. Exposed, blank walls are prohibited. (ii) Door and window shapes shall be rectangular(oriented vertically), square, or Palladian. (iii) Round, hexagon, and octagonal shapes shall only be allowed as accents (iv) Doors and windows shall be made of painted metal, wood, vinyl or fiberglass. (v) Opaque or reflective glass is prohibited. (vi) Mill finish(non-colored)aluminum door and window frames are prohibited. (vii) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood, metal, vinyl, or fiberglass. (viii) Solid metal security gates, metal rolldown windows, and link/grill security devices are prohibited in all windows and doorways. (C) Multi-Family Residential Materials (i) Cinder/concrete block, metal, plywood, unfinished pre-cast or poured-in-place concrete are prohibited on any residential building facades except for basement foundation walls between the first floor sill plate and grade, where concrete, concrete masonry, brick, stone or stucco is permitted. (ii) Roofs, if sloped, shall be clad in cedar wood shake, fiberglass shingles, asphalt shingles, slate shingles, clay tile, prefinished pre-stamped metal shingles or other recognized residential roofing material. Sheet or roll-type roofing is prohibited. (D) Multi-Family Residential Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10% of the fagade area. Page 13 of 26 (E) Multi-Family Residential Projections (i) Attached dwelling units shall have street-facing, individual entries and porches along the primary street frontage. Decks and garages shall be located and oriented to the rear of the structure. (ii) Front doors shall be a prominent feature on the primary street facade of the unit. (iii) Porch handrails of perforated metal, stainless steel cables, and unfinished metal mesh are prohibited. (iv) Open porch bases are prohibited. Porch bases shall be continuously skirted with a painted wood lattice panel, masonry, concrete or similar material to the primary building. (F) Multi-Family Residential Lighting (i) Floodlights and uplights with bulbs greater than one hundred(100) watts on residential building fagades are prohibited. Motion- sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent,fluorescent,LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Multi-Family Residential Mechanical Equipment and Utilities (i) Mechanical equipment shall not be located along primary and secondary street frontages. (ii) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (iii) Roof top mechanical equipment shall be screened by the roof form. When the roof form cannot hide such equipment, a solid screen shall be constructed of materials similar to those of the primary facade. (iv) Satellite television dishes shall be located so that they are not visible from the primary street. (5) Multi-Family Residential Landscaping Page 14 of 26 (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical)shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) When utilized, decorative walls, fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the streets. (C) Decorative fences and hedges shall be no greater than five feet (5') in height along the rear and side property lines that do not face the streets. (D) For urban townhome development, if front yard fencing is provided, said fencing shall be of a single, unified fence design for all units within a project. Individual fencing of individual urban townhome front yards is prohibited. (6) Multi-Family Residential Parking and Service Areas (A) Urban.Townhome/Rowhome Residential (i) Off-street parking for all new urban townhome/rowhomes, shall be in the form of an enclosed garage located at the rear of the primary structure. (ii) Garages oriented with garage doors facing an alley shall have a setback(apron)of not less than 18' from the alley, sufficient to accommodate the parking of an automobile. (iii) Side-loaded garages accessible from primary or secondary street frontages are permitted only when legal alley access to garages is not available. (iv) Garages that have ingress or egress from the front of the property or the primary street are prohibited. (v) Garage setbacks shall include paved and screened locations for trash cans if trash cans cannot be stored in the garage. (vi) Garages that have ingress or egress from rear alleys may incorporate double-car doors. (vii) No more than one (1) double or two (2) single garage doors are permitted to face any street. Page 15 of 26 (viii) Garages shall incorporate hipped or gabled roof types that complement the roof type of the primary building. Where appropriate to the design, dormers may be included. (ix) Three-car garages are prohibited. (x) Driveways shall be no more than twelve feet (12') wide at front property line. (xi) Circular driveways within the front yard setback are prohibited. (xii) Driveways on corner lots shall be located to maximize the distance from intersections. (xiii) Driveway curb-cuts shall be placed to maximize the number of on- street parking spaces. (B) All Other Multifamily Designs (i.e., non-Urban Townhome/Rowhome Design) (i) Off-street parking areas shall be located behind buildings with access off a secondary street or alley. Visitor parking shall also be located behind the buildings or at on-street parking locations. (ii) Off-street parking areas shall be located at least fifteen feet (15') from any building fagade. (iii) Off-street parking areas shall be adequately lit and shall minimize glare on surrounding properties. (7) Multi-Family Residential Building Addresses (A) All buildings shall clearly display their address numbers along the primary street elevation in a conspicuous place on the side of or above the front door of the building. Address numbers shall be at least three inches (3") in height. (B) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. Page 16 of 26 (f) Commercial 1 Mixed Use Buildings All new commercial or mixed-use building construction shall comply with the following regulations: (1) Commercial/Mixed Use Buildings Located in the MU-District (A) All buildings on properties zoned "MU" (Mixed-Use District of the SBZO) shall include active first-floor commercial space. (2) Commercial/Mixed Use Building Massing (A) In areas with buildings developed on abutting lots (including across the street) the maximum building height shall not be more than fifteen (15) feet greater than the average of the maximum height on abutting lots, provided that the maximum building height for a portion of the building may increase one (7) foot for each additional one (1) foot of setback for that portion of the building. (B) Buildings shall be oriented towards the street with main entrances or windows facing the primary or secondary street frontages. (C) Buildings sited at irregular or random angles to the street are prohibited. (D) Multiple or attached building complexes shall maintain a consistent street orientation and shall also maintain a parallel or perpendicular orientation to each other. (E) Multi-story commercial/mixed-use buildings shall maintain a minimum commercial fagade height for the first floor retail of fifteen feet(15'). (F) Gaps between buildings that interrupt the streetwall are prohibited except for pedestrian pathways and service alleys within long blocks. Such pedestrian pathways and service alleys should link the primary streets to parking areas and public spaces located behind buildings, and be no greater than fifteen feet(15') wide. (G) The fagade of any single-story commercial/mixed-use building shall be at least twenty-two feet(22') in height. (H) All sides of any free-standing single-user "outlot" retail buildings shall include four-sided design (i.e., be designed and detailed with each fagade having the same level with similar materials and details). (I) Multi-story mixed-use buildings shall not have a continuous uninterrupted fagade greater than sixty feet (60') in height or length. Page 17 of 26 (,l) Upper floor residential/office uses are required to provide facade or roof form articulation along with building fenestration, changes to accentuate the mixed-use character of the building. (K) Terraces and balconies, if incorporated, shall be designed so as not to protrude beyond the primary building facade. (3) Commercial/Mixed Use Building Shapes (A) Roofs shall be hipped, gabled, or flat with a parapet. Parapets shall range between three and five feet (3'-5') in height. (B) Mansard, mock mansard, and barrel roofs as the main roof style are prohibited. (C) Eaves shall have a minimum overhang of two feet (2') and a maximum overhang of three feet(3'). (4) Commercial/Mixed Use Building Setbacks (A) Off-street parking areas located between the building and street are prohibited. (B) The maximum front building setback shall be five feet (5') to maintain the streetwall. (C) Corner buildings shall have a maximum setback of five feet (5') from the primary and secondary street property line to hold or frame site corners along both street frontages. (D) Buildings shall have a zero foot (0') side setback from the interior side property line, except for pedestrian access through the site. (E) Pedestrian access areas shall not exceed a maximum of fifteen feet(15') wide. (F) Pedestrian areas between buildings are prohibited unless necessary for access to/from off-street parking areas to store entrances. (5) Commercial/Mixed Use Building Design (A) Multiple building developments using one overall architectural theme shall include varied roof forms, facade treatments, sign bands, and details to create the effect of a traditional neighborhood retail street which developed over many years. Page 18 of 26 (B) Building fagades shall include design elements (i.e. height of a wall or cornice or parapet line, window lines, belt courses or other horizontal design elements) that substantially replicate the pattern of abutting buildings or sections of the same building. (C) Mixed-use buildings shall express a clear defined retail base, middle, and top. (D) Building architectural details and features include but not be limited to cornices, belt courses, window bays, variations in wall plane, and roof Features. (E) Blank or windowless elevations that face primary or secondary streets are prohibited. Walls which do not included window glazing or storefront entrances shall be articulated by the provision of: faux windows trimmed with frames, sills, lintels, awnings; murals; or similar elements. (F) Street-facing facades of buildings with fifty(50) feet or more of horizontal length shall include the use of vertical bays between twenty-five (25) to thirty(30) feet in width to give the appearance of small, individual storefronts. Techniques for implementation include changes in articulation of plane of the building fagade such as vertical bays, columns and reveals. Columns or reveals, if used, shall not be less than eighteen (18) inches in width. (G) First-floor retail on a street facing fagade shall have a minimum window surface of sixty percent (60%) and maximum of seventy-five percent (75%). Upper-floor residential or office shall have a minimum window surface of twenty-five percent (25%) and maximum of Forty percent (40%). (H) Unarticulated, flat front, all glass or metal, Modern Style buildings are prohibited. (6) Commercial/Mixed Use Building Fenestration (A) Window shapes shall be vertically-oriented rectangular, square, or Palladian. (B) Round, hexagon, and octagonal shapes shall only used only as accents. (C) Solid windowless walls are prohibited unless necessary to the function of the building. If such walls are necessary to the function of the building, they shall incorporate arches, piers, columns, murals, tasteful graphics, Page 19 of 26 planters and/or other elements that reduce building scale and add visual interest. (D) Commercial or mixed-use buildings with ground-level retail or office space shall include clear glass windows to allow views into building interiors. Opaque or reflective glass is prohibited. (E) Storefront windows shall be constructed of painted or clad wood or metal and clear glass. (F) Solid metal security gates, metal roll-down windows, and link or grill security devices are prohibited. (7) Commercial/Mixed Use Building Materials (A) Unarticulated or finished concrete block and plywood are prohibited on commercial mixed-use building facades or on walls that are visible from streets, sidewalks and parking areas. (B) Stucco, metal, exterior insulation systems (EIFS), unfinished pre-cast concrete panels and cast-in-place concrete are prohibited as the primary material used on commercial mixer]-use building facades or walls visible from streets, sidewalks and parking areas. Up to 10% of facades facing streets, sidewalks or parking areas can be comprised of one or a combination of these materials. (C) Decorative block, "renaissance stone," smooth/textured synthetic plaster and wood trim should may be used only for decorative accent purposes and shall be limited to 10% of facades facing streets, sidewalks or parking areas. (D) Roofs, if sloped, shall be clad in cedar shake wood, fiberglass, asphalt shingles, tile or real/synthetic slate and shall meet all standards required by the City building code. Standing seam finished metal roofing should be used for accent purposes only and shall be limited to 15% of the roof surface area. (E) Windows and doors shall be constructed of colored clad wood or painted metal and clear glass. Mill finish (non-colored) aluminum door and window frames are prohibited. Anodic coatings, copper, and brass finishes are acceptable alternates. (8) Commercial/Mixed Use Building Color Page 20 of 26 (A) Bright colors are prohibited as primary building colors but may be used for subtle trim accents in amounts not to exceed 10% of the fagade area. (9) Commercial/Mixed Use Building Projections (A) Building entrances shall be visible from the street. Architectural elements, canopies, and lighting shall help to identify entrances. (B) Pedestrian pass-throughs, arcades or paseos, and other like permanent architectural features shall be finished on all their surfaces with the same quality and types of materials as a building exterior in compliance with these guidelines. (C) Retractable and internally lit awnings are prohibited. (D) A standard clear awning height shall be eight and a half feet(8'6") above the sidewalk. (10) Commercial/Mixed Use Mechanical Equipment and Utilities (A) Mechanical equipment and utilities shall be hidden from view along all primary and secondary street frontages. (B) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (C) Rooftop mechanical equipment shall be screened by the roof form or a solid screen constructed of materials similar to those of the primary fagade. Perforated or louvered screens may be used. (D) Vents, gutters, downspouts, flashings, electrical conduits, and other appurtenances shall be painted to match the adjacent surface unless being used expressly as an accent material. (E) Window-mounted air conditioners are prohibited. Wall or in-wall mounted air conditioning condensing equipment is prohibited facing streets or pedestrian ways. (11) Commercial/Mixed Use Decorative Fencing (A) Wood, chain-link, and barbed-wire fencing is prohibited. (B) Decorative three foot(Y) height masonry walls may be used in conjunction with landscaping to provide screening. Decorative masonry walls shall incorporate the same or complementary materials and detailing as adjacent buildings and streetscape. Page 21 of 26 S :.Y y s Y� lkti ?1� v ExI.-inn sear•rail and finds-Zpe xmtr in along rd idi3an'street i: [fe Send. (12) Commercial/Mixed Use Outdoor Cafes and Seating Areas (A) Outdoor cafes and seating areas shall so be located as to maintain a minimum useable sidewalk width of not less than six feet(61). (B) Sidewalk cafes shall obtain a seasonal permit from the City of South Bend. (13) Commercial/Mixed Use Landscape Guidelines (A) Parkway Tree Lawn Plantings—All plantings within the parkway tree lawn shall obtain approval of the South Bend Board of Public Works. Page 22 of 26 (14) Commercial/Mixed Use Off-street Parking and Service Areas (A) Parking and service areas shall be located at the rear of the building. With the exception of on-street parking, parking and service areas that front primary and secondary streets are prohibited. QZ rat kx '. o .� ax K fi i .." :. ALLOWED ; AMOM "Vq (B) Dedicated off-street parking for individual businesses is prohibited, with the exception of drop-off/pick-up type service businesses, which may provide one dedicated space per business, during business hours. Multi- use buildings shall provide shared off-street parking. (C) Off-street parking areas for commercial/mixed-use buildings shall be Iocated at least fifteen feet (15') from all building fagades. (D) Where alleys are used in a commercial/mixed-use area as a means for access to and from off-street parking areas, the width of such alleys shall be at least eighteen feet (18') wide. NOT ALLOWED 0e as ae �s E .. �e � 6© ALLOWED (E) Where applicable, curb-cuts should be placed to maximize the number of on-street (curb) parking spaces. Page 23 of 26 (g) Signs Any new sign shall comply with the following regulations: (1) Single Family Residential Single Family Residential uses shall be permitted signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF 1, SF2, MF 1 and MF2 Districts of the SBZO applicable to the single family dwellings or single family platted subdivisions. (2) Multi-Family Residential Multi-family residential uses shall be permitted freestanding identification signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF 1 and MF2 Districts of the SBZO applicable to the multifamily dwelling uses provided that: (A) the maximum height of a freestanding identification sign may be up to eight (8) feet above grade; and (B) there shall be no minimum setback for such freestanding identification sign provided such signs shall not encroach into any public right-of-way or clear sign area regulated by Section 21-01.01 (t)— Clear Sight Area Requirements of the SBZO. (3) Commercial /Mixed-Use Commercial / Mixed-Use buildings shall be permitted signs in compliance with the provisions of Section 21-07.03 (e) On-Premise Signs: MU & CBD Districts of the SBZO applicable to the MU District provided that: (A) Building identification signs shall be limited to one (1) sign per building being either: a parapet mounted wall sign not to exceed forty(40) square feet in area; or, a grand projecting sign not to exceed (80) square feet in area. (B) In addition, each tenant/use within a building shall be allowed one (1) business identification sign per frontage of the tenant/use limited to either: a fascia mounted lower level wall sign not to exceed twelve (12) square feet in area per sign; or, a blade sign not to exceed twelve (12) square feet in area per sign. Page 24 of 26 Section II. Chapter 21 of the City of South Bend Municipal Code, as amended, is further amended and supplemented by applying the NNZO Overlay District to the following described property: Beginning at the intersection of the centerlines Hill Street and LaSalle Avenue; thence East along said centerline of LaSalle Avenue to the West right-of-way line of Frances Street; thence South along said West right-of-way line to the North right-of-way line of the First East-West alley South of LaSalle Street; thence West along said North right-of-way line to the West right-of-way line of the First North-South alley West of Frances and its projection North; thence South along said West right-of-way line and its projection to the centerline of Colfax Street; thence East along said centerline to the centerline of Eddy Street; thence North along said centerline to the centerline of LaSalle Street; thence East along said centerline to the centerline of Sunnyside Avenue; thence North along said centerline to the centerline of Rockne Drive;thence Northeasterly along said centerline to the East right-of-way line of Twyckenham Drive; thence North along said East right-of-way line to the Southwest corner of Lot 38 in Wooded Estates as shown in the Office of the Recorder of St. Joseph County, Indiana; thence Northeasterly along the Southeast lines of Lots 38, 37 and 36 to the Southwesterly right-of-way line of White Oak Drive; thence Northeasterly to the Southwesterly corner of Lot 35 in said Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 35, 34, 33, 32, 31 and 30 in said Wooded Estates to the Westerly right-of-way line of Black Oak Drive; thence Northeasterly to the Northwest corner of Lot 48 in said Wooded Estates; thence East along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak Ridge Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to the East line of Lot 5 Vacval and Davidson Subdivision projected South; thence North along said East line and its projection to the Northeast corner of said Lot 5;thence West to the East property line of a parcel of land owned by the Patrick Simeri Revocable Trust(Tax Key#024-1008-0618); thence North to the Northeast comer of said Sizneri parcel; thence West along the North line of said Simeri parcel to the Northwest corner of said Simeri parcel; thence South along the West line of said Simeri parcel to a point 208.71 feet North of the South line of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana; thence West parallel with said South line, a distance of 208.71 feet; thence North to the Northeast corner of the Jamison Inn Condominium; thence West along the North line of said Jamison Inn Condominium to the centerline of Ivy Road; thence South along said centerline of Ivy Road to the North right-of-way line of Edison Road; thence Westerly, Southwesterly and Westerly along said North right of—way line of Edison Road and changing to Angela Boulevard to the Southwest corner of a parcel of land.having Tax Key Number 18-5123-4392.02 in records of the St. Joseph County Auditor's Office; thence North along the West property line of said Tax Key Number 18-5123-4392.02 to the centerline of the now vacated Angela Boulevard; thence Southwesterly along said centerline of the now vacated Angela Boulevard to the centerline of Notre Dame Avenue; thence West along the centerline of Angela Boulevard to the West line of Lot 95 University Heights as shown in the Office of the Recorder of St. Joseph County, Indiana projected North; thence South along the West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest comer of said Lot 32; thence West along the North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street; thence South along said centerline to the centerline of Napoleon Street; thence West along said centerline to the centerline of Niles Avenue; thence Southeasterly along said centerline to the centerline of Corby Street;thence East along said centerline to the first North-South alley West of Hill Street; thence South along the centerline of said alley and said alley extended to the centerline of Crescent Avenue; thence Northeasterly along said centerline to the centerline of Hill Street: thence South along the centerline of Hill Street to the place of beginning containing 594.61 acres more or less. Page 25 of 26 Section 111. 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 Councit Attest, a 14 City Clerk � i n We 6VA %I# 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 t St READING 2 a PUBLIC HEARING JUN 3r8 READING Page 26 of 26 � NOT APPROVED ciry LURK SQUTI,Bruri. REFERRED w w � PASSED JOHN W_ BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR 4AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227W JEFFERSON BLVD_ ROOM 1 144 COUNTY--CfTY BLDG, SOUTH BEND,INDIANA 46601 (574)235-4571 June 22,2011 The Honorable Council of the City of L South Bend 4th Floor, County-City Building South Bend, IN 4660I RE: A proposed ordinance of City of South Bend to zone from SF2 Single Family and Two Family District to LI Light Industrial District, property located 427 feet more or less, East of Sheridan Avenue, between Voorde Drive and Keller Street, City of South Bend -APC# 2591-I1 Dear Council Members: I hereby Certify that the above referenced ordinance of City of South Bend was legally advertised on Thursday,June 2, 2011 and that the Area Plan Commission at its public hearing on Tuesday, .Tune 21, 2011 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of City of South Bend to zone from SF2 Single Family and Two Family District to LI Light Industrial District, property located 427 feet more or less, East of Sheridan Avenue, between Voorde Drive and Keller Street, City of South Bend is sent to the Common Council with a favorable recommendation. The expansion of this established business is compatible with the adjacent mix of land uses. The new truck parking and loading facility will be adequately buffered from neighboring non-industrial uses. 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, lm*r .t eti ohn W. Byoi I/" JWB:jsc Attachment CC: City of South Bend Hoosier Tank Fisher Land Surveying SERVING-'ST-JOSEPH COUNTY SOUTH BEND,LAKEVILLE,NEW CARLISLE.NORTH LIBERTY.OSCEOLA&ROSELAND www.!Ptj*sephcountyiridraina.com/Areapi7tn Staff Report APC 4 2591-11 Owner: City of South Bend Location: 427 feet more or less, East of Sheridan Avenue, between Voorde Drive and Keller Street. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2.Single Family and Two Family District.to LI Light Industrial District to allow Truck parking and loading for the building on property west of subject property. Land Uses and Zoning: On site: Ott site is vacant land. North: To the north is Kootz-Wagner Electric and Fortis Plastics zoned LI Light Industrial District. East: To the east is Voorde Paris zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west is Hoosier Tank zoned LI Light Industrial District. District uses and development standards: The LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale,assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site plan description: ; The area to be rezoned is approximately I.9 acres. The site plan shows this area as truck parking and loading and an additional 9 parking spaces for the adjacent Hoosier Tank facility. Approximately 14,230 square feet is new pavement. The remainder is open space. Access will be from Voorde Drive. A building addition is shown on the property to the west that will connect the existing building to the new truck parking. Variances for setbacks and landscaping will be heard at the July 6 Area Board of Zoning Appeals meeting. Zoning and land use history&trends: Hoosier Tank is in a facility that has seen several addition over the past several decades. The building, at its current size, has been on the site since at least 1993. The current business has operated at this site since 2004. Traffic and transportation considerations: Voorde Drive, Sheridan Street,and Keller Street are two lanes. City of South Bend #2591-11 Page 1 of 2 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend_Comprehensive Plann..November 2006 Policy LU 6.2 Provide incentives for development utilizing existing infrastructure inside the city limits. Objective ED 2: Retain existing businesses and recruit new ones to the city. This rezoning meets these objectives. Land Use Plan: The future land use map shows this property as parks and open space. The property to the west is shown as light industrial. Plan Implementation/Other Plans: .South Bend j Regional AiMgrt St Jose h COMM Abort Agtgri �L Ai Mort Layout Plan .l'pdatg,2010 This property is not included in any airport expansion plans or flight approaches. 2. Current conditions and character: This site is located just to the southeast of the airport. Other large industrial businesses line Voorde Drive on the north.Voorde Park,adjacent and to the east, remains an active park. 3. Most desirable use: The expansion of an existing business with the appropriate buffering to the adjacent residential and recreational uses is a desirable use of this property. A. Conservation of property values: The expansion of the business to the west should not affect property values. 5. Responsible development and growth: It is responsible development and growth to accommodate the expansion of an existing business. Recommendation; Based on information available-prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The expansion of this established business is compatible with the adjacent mix of land uses. The new truck parking and loading facility will be adequately buffered from neighboring non- industrial uses. City of South Bend #2591-11 Page 2 of 2 SF U E u t � a ...f <.[t ` .3 r F r_v�'-.�.� .:•r F,�„�.,.k_'�[�. _.r:;t��st, v�1Y:�n�'m� .s } ..i.�- «., - 1�01rde fti t p>i f � 8 UE 4F SQVT Keifer SFi C � � L E. ' SF2 C � s .0 SF.7 Bulls .SF , SF2 SF2� 5F R onin g front: rrSF2 T. SINGLE FAMILY &" TWO FAMILY DIaTRI T to "Ll" LIGHT INDUSTRIAL DISTRICT Zoning "?a SOUTH BEND "SF1" SINGLE FAMILY&TRIO FAMILY DISTRICT SOUTH BEND "SF2" SINGLE FAMILY&TWO FAMILY DISTRICT " �`f, SOUTH BEND "MU" M IXED USE DISTRICT in _ 400 feet SOUTH BEND "LI" LIGHTINDUSTRIALDISTRICT SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT .P 2591 -11 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "SF-2" Single Family and Two Family District and will be changed to "LI" Light Industrial District in order to construct a truck parking and loading area for the business located to the West of the subject parcel. 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 No. 1, Voorde Park Minor Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana be and the same is hereby established as "Ll" Light Industrial District. SECTION II. 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 Attest: City Clerk Presented by me to the Mayor of the City of South Bead, 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 Fined in Cierk,,q f � MAY 4 2011 9 st READ3 !G i PUBLIC 3 rd PEAR�G JOHN VOCtRL?e .OT APPROM,� CITY GLEAK,SOLrrN BEN®,IN Date Filed Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: Address:427 feet,more or less, East of Sheridan Avenue,between Voorde Drive and Keller Street 2) Name and address of property owner(s)of the petition site: Name: City of South Bend 227 West Jefferson Boulevard South Bend,Indiana 46601 (574)235-9261 3) Name and address of contingent purchaser(s), if applicable: Hoosier Tank 1740 North Sheridan Avenue South Bend, Indiana 46628 4) It is desired and requested that this property be rezoned from "SF-2" Single and Two Family District to "LI"Light Industrial District 5) This rezoning is requested to allow the following use(s): Truck parking and loading for building on property West of subject property 6) Attached is a copy of(a)legal description of the property; (b) seventeen(17)preliminary site plans; (c) a statement of purpose and intent; (d) 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(e)addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street naives,printed in 8%z"x 11"format. 9'cx�' f Edward M. Fisher Fisher Land Surveying Services Inc. PETITION PREPARED BY: CONTACT PERSON: Edward M. Fisher Bill Schalliol Fisher Land Surveying Services Inc. Economic Development Planner 303 East Third Street Community and Economic Devel Mishawaka, Indiana 46544 South Bend, Indiana 46601 ` ` " (574)255-8377 (574)235-5842 Filed � ��� laf MAY - f JOHNVOORDE CITY CLERK,SOUTH OFfviDi a JOHN W. BYORNI EXECUTIVE DIRECTOR P LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W,JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 45601 (574) 235-9571 June 22, 2011 The Honorable Council of the City of �. South Bend -° 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Jin Dian Wang&Jin Li Zhang to zone from MU Mixed Use District to SF-2 Single Family and Two Family District,property located at 2014 and 2018 S. Michigan Street, City of South Bend APC#2593-11 Dear Council Members: I hereby Certify that the above referenced ordinance of Jin Dian Wang&Jin Li Zhang was legally advertised on Thursday, June 9, 2011 and that the Area Plan Commission at its public hearing on Tuesday, June 21, 2011 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Jin Dian Wang&Jin Li Zhang to zone from MU Mixed Use District to SF-2 Single Family and Two Family District, property located at 2014 and 2018 S. Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow two existing structures to be used as single-family residences. Residential use of the parcels is compatible with the adjacent mixed land uses along this part of Michigan Street. 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, /� inW. B orni�J Y JWB.jsc Attachment CC: Jin Dian Wang&Jin Li Zhang Kevin Wang SERVING:ST.JOSEPH COUNTY,SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA 8 ROSELAND w -Stjosephcountyindisnn.com/Areaplan Staff Report APC# 2593-11 Owner: Jin Dian Wang&Jin Li Zhang Location: 2014 and 2018 S. Michigan Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF-2 Single Family and Two Family District to allow single family housing. Land Uses and Zoning: On site: On site are two single family homes. North: To the north is Young's Tax Service zoned MU Mixed Use District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south is a single family home zoned MU Mixed Use District and across Donald Street is OctaPharma Plasma zoned LB Local Business District. West: To the west across Michigan Street are two fast food restaurants zoned CB Community Business 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 rezoning to the SF2 Single Family&Two Family District. Zoning and land use history&trends: -. Prior to the update of the City Zoning ordinance, the property was zoned "C" Commercial, "E" Height & Area. The current zoning map, adopted in 2004, converted the zoning to the MU Mixed Use District. Historical aerials show that the existing structures have been located on these parcels since at least 1966. Traffic and transportation considerations: Michigan Street is a three lane one-way street north and serves as a major access road from the south into downtown South Bend. Traffic counts taken along Michigan Street approximately 500 feet south near Ewing Street and 1000 feet north near Dayton Street show counts of 13,704 AADT and 16,358 AADT, respectively. On street parking is provided along both sides of Michigan Street. Utilities: The parcels will continue to be served by municipal sanitary sewer and water. Additional information:(Agency comments) The City of South Bend Division of Engineering&Public Construction and the Building Department had no comments. Jin Dian Wang&Jin Li Zhang #2593-11 Page 1 of 2 The City of South Bend Department of Community and Economic Development is not opposed to the proposed rezoning. They further commented that there are currently no development pressures in this part of the corridor and that the proposed zoning would be acceptable. 5 Criteria(per IC 36-7-4-603): I. Comprehensive Plan: Policy Plan: Q&PI Ci .o South Be Indiana(November 2006 : Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective H 1: Ensure that an adequate supply of housing is available to meet the needs,preferences, and financial capabilities of households now and in the future. This rezoning will meet both of these objectives. Land Use Plan: The Future Land Use Plan shows these parcels as mixed use. 2. Current conditions and character: The parcels are currently occupied by two structures, one of which was previously used as an office and the other as a grandfathered non-conforming single family residence. This rezoning is required because the northern structure has lost its grandfathered status. Uses-.along Michigan Street vary greatly and include primarily fast food restaurants, office, and retail.. r . conjunction with the uses, the zoning classifications also vary greatly and include CB Community Business,MU Mixed Use,GB General Business, and LB Local Business. 3. Most desirable use: The most desirable use of the property is any use permitted in the MU Mined Used District or lesser intense use such as a single family residence. 4. Conservation of property values: -. Surrounding property values should not be negatively affected since the proposed rezoning is to a less intense district. -Residential use of the property is compatible with the adjacent mixed uses along,,"chigan Street, 5. Responsible development and growth: The proposed use is responsible growth and development since it lies within a mixed use area which includes restaurants,,offices, and retail. This rezoning will allow the existing structures to be used as single-family residential for which the structures were originally constructed. Recommendation• Based on information available prior to the public hearing, the staff recommends that the petition be sent to the City of South Bend Common Council with a favorable recommendation. Analysis: This rezoning will allow two existing structures to be used as single-family residences. Residential use of the parcels is compatible with the adjacent mixed land uses along this part of Michigan Street. Jin Dian Wang&An Li Zhang #2593-11 Page 2 of 2 III M1; GI3` Bowman Wa Bowman g , ,. ;3QlITF ILBEND ; >i A III - L S! Donald a ' r. ffiA! C cro GB SIFT Donaid rs, Rezoning from: "Mul" MIXED USE DISTRICT to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT Zoning N SOUTH BEND "SF2"SINGLE FAMILYAND TWO FAMILYDISTRICT SOUTH BEND "MU"Mi7{ED USE DISTRICT SOUTH BEND"LB-LOCAL BUSINESS DISTRICT � SOUTHBEND "CB"COMMUNITY BUSINESS DISTRICT +� SOUTH BEND "GB"GENERAL BUSINESS DISTRICT = 0 feet SOUTH BEND "LI"LIGHT INDUSTRIAL DISTRICT � y�5 �� SOUTH BEND "GI"GENERAL INDUSTRIAL DISTRICT 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 4t"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 4t"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 ll. 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 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, Indiana Fite In CieWs Uff t p, HAY r 2; I 1 sf READING PUBLIC HEARING JOHN V :Y&4u� 3 rd PEADING CITY CLERK,SOU fn DCSN 7,IN NOT APPROWD 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: Jin 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'/z" x I l"format. gnas)of All Prgperly owner(s) PETITION PREPARED BY: CONTACT PERSON: (If different) Kevin Wang 4502 S. Michigan St. _. ....... µy South Bend,IN 46614 nru'; Wansta@ginaii.com l