HomeMy WebLinkAbout07-25-11 Council Agenda & Packet AGENDA
SOUTH BEND COMMON COUNCIL,
MONDAY, JULY 25, 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
6. REPORTS OF CITY OFFICES
7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
43-11 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: A PORTION OF
ROSE ST. AND THREE ADJACENT ALLEYS
18-11 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING VARIOUS ARTICLES AND SECTIONS OF
CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE
PER`T'AINING TO BUILDING FEES
40-11 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $1, 200, 000 FOR CAPITAL
INVESTMENT IN THE POTAWATOMI CONSERVATORY IN
2011
44-11 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $1, 000, 000 IN INFRASTRUCTURE
INVESTMENT OF ADDITIONAL STREET PAVING AND
INSTALLATION OF A TRAFFIC SIGNAL REQUIRED
FOR EFFICIENT TRAFFIC FLOW IN 2011
9. RESOLUTIONS
BILL NO.
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.
11-48 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 4411 QUALITY
DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX
ABATEMENT FOR GVW REALTY, LLC
11-47 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, SUPPORTING THE
NEED FOR QUALITY ANIMAL CARE AND CONTROL
SERVICES INCLUDING SPACE TO HOUSE AND CARE
FOR SUCH ANIMALS AT A REASONABLE COST OT THE
TAXPAYERS
10 . BILLS, FIRST READING
BILL NO.
45-11 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
TO TRANSFER A PORTION OF VOORDE PARK TO
HOOSIER TANK AND MANUFACTURING, INC.
46-11 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 9 ADMINISTRATION,
SECTION 21-09. 03 BOARD OF ZONING APPEALS AND
ARTICLE 14, SUBDIVISIONS, SECTIONS 21-14 . 04
MINOR SUBDIVISIONS, 21-14 . 05, MAJOR
SUBDIVISIONS, 21-14 . 06, SUBDIVISION REPLATS
AND 21-14 . 09 (b) VARIANCES
47-11 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS,
SECTION 21-01-03 NON-CONFORMING LOTS, USES,
BUILDINGS, STRUCTURES OR SIGNS; AND ARTICLE
4 INDUSTRIAL DISTRICTS, SECTION 21-04 . 11
GENERAL REGULATIONS FOR INDUSTRIAL DISTRICTS
11 . UNFINISHED BUSINESS
A. REPORT FROM AREA BOARD OF ZONING APPEALS
I . BILL 11-49 - SPECIAL EXCEPTION- 3520 N.
BENDIX DRIVE
B. REPORTS FROM AREA PLAN COMMISSION
I . BILL 35-11 - REZONING-429, 423, 431 COTTAGE
GROVE AND 426 CUSHING
2 . BILL 36-11 - REZONING _ 1007, AND PART OF
1025 N BENDIX DR.
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.
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A
PORTION OF ROSE ST. AND THREE ADJACENT ALLEYS
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is
charged with the authority to hear all petitions to vacate public ways or public
places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, as follows:
SECTION 1. The Common Council of the City of South Bend having held
a public hearing on the petition to vacate the following property:
The first alley to be vacated is the first East/West Alley South of Rose
Street from the first North/South alley East of Sherman Street to the second
North/South alley East of Sherman Street for a distance of 240 feet and a width
of 7 feet.
The second alley to be vacated is the first North/South alley East of
Sherman Street from Rose Street South to the first East/West alley for a distance
of 128 feet and a width of 14 feet.
The third alley to be vacated is the second North/South alley East of
Sherman Street from Rose Street South to the first East/West alley for a distance
of 128 feet and a width of 14 feet.
The street to be vacated is a portion of Rose Street from the East right of
way of the first North/South alley East of Sherman Street to the East right of way
line of the second alley East of Sherman Street for a distance of 254 feet and a
width of 60 feet.
All four vacations are located in the Northwest Addition, V Plat, being a
part of the City of South Bend, Portage Township, St. Joseph County, Indiana.
Hereby determines that it is desirable to vacate said property.
SECTION 11. The City of South Bend hereby reserves the rights and
easements of all utilities and the Municipal City of South Bend, Indiana, to
construct and maintain any facilities, including, but not limited to, the following:
electric, telephone, gas, water, sewer, surface water control structures and
ditches, within the vacated right-of-way, unless such rights are released by the
individual utilities.
SECTION Ill. The following property may be injuriously or beneficially
affected by such vacating:
Lots
018-2110-406702 018-2162-5937
018-2110-406701 018-2163-597801
018-2162-5945
SECTION IV. The purpose of the vacation of the real property is to put
up a fence and gate to keep people from dumping trash down the lane, as well
as to keep drug dealers as well as other criminals from approaching the house. I
have had more than one incident when someone came to the house to rob it, or
to signal the drug dealers in the apartments across the yard. Once two men in a
stolen SUV came down the lane seeking to elude the police. They drove the
SUV into an open pit and found themselves trapped. One of the police officers
offered to use lethal force when one of them pulled a weapon on him.
Beyond the safety issue, I would also like to put of a garage/storage
facility on the East side of the house which of necessity would encroach on the
alley. Since there has never been an alley at this site, and Rose Street has never
gone through, much less been paved, I didn't think this will be an imposition on
anyone.
SECTION V. This ordinance shall be in full force and effect from and
after its passage by the Common Council and approval by the Mayor.
Member of the Common ouncil
Attest:
City Clerk
Awn all `
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. F
Mayor, City of South Bend, Indiana
File-d Office
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The first alley to be vacated is the first East/West alley South of Rose Street from the
first North/South alley East of Sherman Street to the second North/South alley East of
Sherman Street for a distance of 240 feet and a width of 7 feet.
The second alley to be vacated is the first North/South alley East of Sherman Street
from Rose Street South to the first East/West alley for a distance of 128 feet and a
width of 14 feet.
The third alley to be vacated is the second North/South alley East of Sherman Street
from Rose Street South to the first East/West alley for a distance of 128 feet and a
width of 14 feet.
The street to be vacated Is a portion of Rose Street from the East right of way of the
first Norfh/South alley East of Sherman Street to the East right of way line of the
second alley East of Sherman Street for a distance of 254 feet and a width of 60 feet.
All four vacations are located in the Northwest Addition, 3rd Plat, being a part of the
City of South Bend, Portage Township, St Joseph County, Indiana.
r
'eels County Parcels
Rec PARCELID NAME-1 MAILINGADD MAILINGCIT MAIL! MAILING
NGST ZIP
FVARINISOUTH A&RUTH A AMOS 11134 Rose 5t South Bend IIN 46816
____j a : - A&RUTH A AMOS 1134 Rose South Bend IIN 46616
A R RUTH A AMOS 1134 Rose 7SOuth 46616
' # ' 59 A&RUTH A AMOS 930 W Rose St
46616
-51018-2110-406702 BEND RSN LLC 1694 First St 60035
���,� A MOS RUTH 1134 W ROSE 46616
BORDERS WILBER J AND M
7 018-2162-5934 JEANMISC 1946 Roosevelt St South Bend IIN 46616
Q7 5994(91e? HARTMAN STEPHEN B&RENEE L JP.o. Box 943 Bristol IIN 46507
0 =259342 BOXLER RICHARD 2912 W Warren Blvd Chicago 1IL 60612
018=2162 593403 JOHNSON CAROL JEAN 1934 Roosevelt South Bend IIN 46616
ARNOLD LORANCE AND MARCIE
18=2ir2 593404 TENANTS BY THE ENTIRETY 930 Roosevelt South Bend IN 46616
2 018 7 2162 593405 CREEKSIOE PROPERTY LLC 1613 Bennington Dr Mishawaka IN 46544
13 418 2162=5935 " BELL THOMAS J.AND MARY A. 19111 Auten Rd South Bend 1N 46637
14 018-2162-593501 KINSEY DEMETRIUS R&NINA 918 Roosevelt South Bend IN 46616
15 018-2162-593502 MAEZ PAMELA S 1931 Malvern Way South Bend IN 46614
16 018-2162-593503 MCLEOD ELIZABETH A 910 Roosevelt St South Bend IN 46616
f2l 62-593504 BOTKA RICHARD L.AND ALICE F. 906 Roosevelt South Bend IIN 46616
SAUNDERS JESSE L SR&LINDA M 902 Roosevelt St South Bend tN 46616
SISK PATRICIA 822 Roosevel t South Bend 1N 46616
62-593701 TENNESSEE MICKEY R 1706 Sherman South Bend IN 46616
62-5937 TURNER JAMES ESTOL 713 East 6th Street Mishawaka IN 46544
SONNYVILLA CHILDRENS HOME
INC
IPO Box 717 South Bend
IIN 46624
231018-2162-59360.2 SHANNON DAVID OS571 Cedar av
--]Elmhurst !L 60126
Arroyo
24 01&2162-593603 HS&ASSOCIATES INC 1131 E Grande Ave Grande CA 93420
25 018-2162-593604 SPARKS RICK C TERRACE Saint Joseph Ml 49085
26 018-2162-593605 FLIGER JANET A 802 Roosevelt South Bend IN 46616
r r Highland
1 2 '"> :- VARINISOUTH BEND RSN LLC 1694 First St Park fL 60035
°E9 MADISON CENTER, INC. 403 E Madison South Bend IN 4BS17
JUL 2011
G!7YCLERF .�i:€ Ar;. 'a 1�:t i,fhb
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1316 COUNTY-CfTY BUILDING � \ PHONE 5741235-9251
tv
227 W.JEFFERSON BouLEvARD \ 'CF FAx 5741235-9171
SOUTH BEND, INDIANA 46601-1830 ',a� TDD 5741235-5567
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1865
CITY OF SOUTH BEND STEPHEN J. L uF_cKE, MAYOR
BOARD OF PUBLIC WORKS
June 21, 2011
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Vacation Recommendation — Scott Street from Lincoln Way West to Dr. Martin Luther
King, Jr. Drive.
Dear Members of the Council:
In response to your request as to the Board of Public Work's recommendation for the
vacation of the above street, the Board reviewed the request on June 9, 2008 and gave a favorable
recommendation. The Board sees no need to review this request any further.
Thank you.
If you have any questions, please call me at(5 74) 235-•9251.
Sincerely,
Gary A. Gilot
President,.Board of Public Works
c: Carl Littrell, Member
Donald Inks, Member
GARYA.GILOT,P.E. DONALD E.INKS CARL P.I.iTTRELL
PRESIDENT MEMBER MEMBER
SnvTIf
1316 COUNTY-CtTY BUILDING � � � V NONE 5741235-9251
227W.JEFFUSON BOULEVARD Ad9 �� FAx 5741235-9171
SOUT[i BFNE),INDIAtgA 4660I-1830 , a TDD 5741235-5567
1865
CITr of SouTH BEND STEPHF r J. LuFm, MAYOR
BOARD OF PUBLIC WORKS
December 13,2010
Ms. Mary A. Miller and.Ruth A. Atnos
930 Rose Street
South Bend,Indiana 46616
RE: Alley Vacation--The Square Block Encompassing the First and Second North/South Alleys East of
Shennan Street, Rose Street between Said Alleys and the East/West Alley South of Rose between the
First and Second North/South Alleys
(Preliminary Review)
Dear Ms.Miller and Ms.Amos:
The Board of Public Works, at its December 6, 2010, meeting, reviewed comments by the
Engineering Division, Area flan Commission, Economic Development, Fire Department, Police Department,
Solid Waste Division and the City Attorney's Office. The following comments and recommendations were
submitted:
Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the
lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder
the public's access to a church,school or other public building or place. The vacation would not hinder the use
of a public right of way by the neighborhood in which it is located or to which it is contiguous.
The City of South Bend Engineering Department noted that Lot 230 would have access only via alleys
and the thirty foot wide remnant of the vacated street which would attach to that lot. Ownership of the vacated
alley would be split with the property owner to the north. An Access Agreement with that landowner may be
needed. That property owner's agreement to this vacation is essential. Also, the north/south alley north of
Rose Street should be vacated or the vacation of Rose Street should be 14-feet less..
Please contact Tony Molnar at 574 235-9254 prior to picking u -your radius map. You will
need a radius neap showing properties within 150' of the proposed vacation for your petition to the Common
Council. Once you pick up the radius snap,proceed to the City Clerk's office for your alley vacation packet,
Sincerely,
n
Linda M.Martin,Clerk
C' Federico Rodriguez, Fire Department
Tony Molnar,Engineering
Janice Talboom,City Clerk's Office
Carl Littrell,Engineering
GAAYA.GiLoT,P.;-, DONALD E.h4x5 JOHN H.MURPHY
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Page of
Nancy Schrader ~ Street and Alley Vacation Recommendation ~ Rose Street
From: Nancy Schrader
To: Memo-Vacations
Date: 10/12/201011:40 AM
Sm@je«±: Street and Alley Vacation Recommendation ' Rose Street
Attachments:
......._-_-___'___-_--_........
_-__-_'_-__--_--__-_--_- __-_'
Please provide your recommendation.
Thank you,
Nancy Schrader
City of South Bend
Department of Engineering and Board of Public Works
227 West Jefferson, Room 1310
South Bend, Indiana 46601
Office. (574) 235'V151
Fax: (574) 235'9171
This message may contain confidential and/or proprietary information and is intended for the person/entity
to whom it was originally addressed. Any use by others is stT|ctiy prohibited.
filcWCADocuments and 0 SCHRAD\Local S (-,\4CB449l.. 10/12/2010
(1I'i 0/1 M _
212010)Linda Martin Re Street and Alley Vacation Recommendation- Rose Street . V . _ Wage 1
Icrom: <pm griffin @N iSource.com>
To: "Nancy Schrader"<NJSCHRAD @southbendin.gov>, <lm artin @south bendin.gov>
Date: 10/12/2010 1:06 PM
Subject: Re: Street and Alley Vacation Recommendation - Rose Street
Attachments; S45C-51 01 0121 1 330.pdf
NIPSCO has no objection to this street and alley vacation request.
Philip M. Griffin
NIPSCO Project Engineer
South Bend Local Operating Area
Office Phone: 574-284-2214
Mobile Phone: 574-220-3804
FAX: 574-284-2220.
"Nancy Schrader"
<NJSCHRAD @southbe
ndin.gov> To
<jbyorni @co.st-joseph.in.us>,
10/12/2010 11:39 <pmgriffin @nisource.com>, "Andre
AM Price"<APRICE @southbendin.gov>,
"Chris Dressel"
<CDRESSEL @southbendin.gcv>, "Cheryl
Greene"<CGREENE @southbendin.gov>,
"Carl Littrell"
<CLITTREL @southbendin.gov>,
"Federico Rodriguez"
<frodrigu @southbendin.gov>, "Jeff
Gibney"<jgibney @southbendin.gov>,
"Robert Mathia"
<RMATHIA @southbendin.gov>, "Stephen
Goen"<SGOEN@southbendin.gov>
cc
"Nancy Schrader"
<NJSCHRAD @southbendin.gov>
Subject
Street and Alley Vacation
Recommendation -Rose Street
Please provide your recommendation.
Thank you.
Pram: Federico Rodriguez
To. Nancy Schrader
Date: 10/13/2010 8:21 AM
Subject: Re: Street and Alley Vacation Recommendation - Rose Street
Approved S.S.F.D
Federico"Chico"Rodriguez
Fire Marshal
South Send Fire Dept.
1222 S. Michigan Street
South Send,ln,
574-235-7564(0)
574-235-9305(F)
frpdr€q uesouthbendl_'n.aov
>>> Nancy Schrader 10/12/201011:34 AM>>>
Please provide your recommendation.
Thank you.
Nancy Schrader
City of South Bend
Department of Engineering and Board of Public Works
227 West Jefferson,Room 1316
South Bend, Indiana 46601
Off#ce_ (574)235-9251
Fax: (574)235-9171
This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was
originat(y addressed.Any use by others€s strictly prohibited.
From: Stephen Goers
To•. Nancy Schrader
Date: 10/13/2010 8.31 AM
Subject: Re: Street and Alley Vacation Recommendation -Rose Street
No Objections
This message may contain confidential and]or proprietary Information
and is intended for the person/entity to whom it was original addressed.
Any use by others is strictly prohibited.
Lt.Stephen Goen
Traffic Commander
5t Joe Co. Fatal Alcohol Crash Team
South Bend Police Department-Traffic investigations
701 W.Sample St
South Bend, IN 45601
(574)235-7525
(574)235-7538
>>> Nancy Schrader 10/12/201011:39 AM>>>
Please provide your recommendation,
Thank you.
Nancy Schrader
City of South Bead
Department of Engineering and Boars!of Public Works
227 West Jefferson, Room 1316
South Bernd, Indiana 46601
Office: (574) 235-9251
Fax; (574)235.9171
This message may Contain confidential and/or proprietary information and is intended for the personlentity to whom it was
originally addressed,Any use by others is strictly prohibited.
UT
x +c
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 10/92/2010
TO: Andre Price, Solid Waste
Bob Mathia, Community & Economic Development
Carl L.ittrell, Engineering Department
Chris Dresses, Community & Economic Development
Federico Rodriguez, Fire Department
Jeff Gibney, Community& Economic Development
John Byorni, Area Plan Commission ('b orni co.st-
jose h.sn.us or 235-8813 fax)
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO ( m riffin nisourcecom) (FYI Only)
FROM, Linda M. Martin, Clerk y,t".
SUBJECT: REQUEST FOR RECOMMENDATION - STREET AND
ALLEY VACATION
APPLICANT: Mary A. Milder
The Square Black Encompassing the First and Second
LOCATION: North/South Alleys East of Sherman Street; Rose Street
Between Said Alleys, and the East/West Alley South of Rose
Street Between the First and Second North/South Alleys
DATE DUE: 10/25/2010
FAX OR E-MAIL TO: 2,35-9171 I Imartin southbendin, ov
RECOMMENDATIONS AND COMMENTS:
I have no objection to this vacation request so long as necessary rights of way for the
public and neighbors are not negatively impacted.
By '" Date 4 Z g /:r/-7
Page I of i
Nancy Schrader - Re: Street and Alley Vacation Recommendation - Rose Street
From: Chris Dressel
To: Nancy Schrader
Date: 10/23/2010 10:39 AM
Subject: Re: Street and Alley Vacation Recommendation - Rose Street
Attachments:
Recommended for approval.
Christopher D. Dressel
Planner
City of South Bend
Division of Community Development
1200 County-City Building
227 W.Jefferson
South Bend, IN 46601
Phone: 574-235-5847
Fax: 574-235-9697
cdressel southbendin, ov
>>> Nancy Schrader 10/12/2010 11:39 AM >>>
Please provide your recommendation.
Thank you.
Nancy Schrader
City of South Bend
Department of Engineering and Board of Public Works
227 West Jefferson, Room 1316
South Bend, Indiana 46601
Office: (574)235-9251
Fax: (574) 235-9171
NIVNN el—NNNNNNNNN/vNNNIV NlVNNNlV rt./VNN/11NNNl.+fVN NNNNNNNNNNNNN This message may contain confidential and/or proprietary information and is intended for the person/entity
to whom it was originally addressed. Any use by others is strictly prohibited.
/\.!\INN h.NNN iVly/\/N Nl1I NNh/NNNNN/vNN/\IN NN NNl.Nf\.h/NIV N!\.••\/•�/N(IN NNNNN/V
file://C:0ocu1ncnts and SettingsMSCHRAMLocal Settings\Temp\XPgrpwise14CC2BB... 10/25/2010
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� R
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 9017212010
TO: Andre Price, Solid Waste
Bob Mathia, Community & Economic Development
Carl Littrell, Engineering Department
Chris Dressel, Community& Economic Development
Federico Rodriguez, Fire Department
Jeff Gibney, Community& Economic Development
John Byorni, Area Plan Commission (ibvorni co.st-
joseph.in.us or 235-9813 fax)
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Phil Griffin, NIPSCO ( rn riffin nisource.com) (FYI Only)
FROM: Linda M. Martin, Clerk
SUBJECT: REQUEST FOR RECOMMENDATION - STREET AND
ALLEY VACATION
APPLICANT: Mary A. Miller
The Square Block Encompassing the First and Second
LOCATION: North/South Alleys East of Sherman Street; Rose Street
Between Said Alleys, and the East/West Alley South of Rose
Street Between the First and Second North/South Alleys
DATE DUE: 1012512010
FAX OR E-MAIL TO: 235-9171 1_Imartin @southbendin.gov
RECOMMENDATIONS AND COMMENTS.
k '17
u 4 Q G�L! - ? " e . e r
By Date
1q a
Area Flan Commission of St. Joseph County
1140 County-City Building
South Bond, Indiana 46601
John W. 8yorni Larry P. Magliozz€
Executive Director Assistant Director
Phone 574 235-9571 www.stiosephcounty€ndiana.com/areaplan Fax 574235-8813
November 30, 2010
City of South Bend
Board of Public Works
13"' Floor, County-City Building
South Bend, Indiana 45601
RE: Street and Alley Vacation
The square block encompassing the first and second north/south always east of
Sherman Street; Rose Street between said alleys, and the cast/west alley south of
Rose Street between the first and second north/south alleys.
Dear Board Members:
The staff has reviewed this petition. It is the staff's opinion that:
(1) The vacation would not hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous.
(2) The vacation would not make access to the lands of the aggrieved person by means of
public way difficult or inconvenient.
(3) The vacation would not hinder the public's access to a church,school,or other public
building or place.
(4) The vacation would not hinder the use of public way by the neighborhood in which
it is located or to which it is contiguous.
Staff recommends that the alley be vacated subject to any further utility or access easements
recommended by the City Engineering and Building Departments.
Sincerely,
drista Nayder
Planner
Serving South Bend,Lakeville,New Cadisle,North Liberty,Osceola,Roseland and St.Joseph County,Indiana
r86s
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 10/12/2010
TO: Andre Price, Solid Waste
.,,Bpb Mathia, Community & Economic Development
arl Littrell, Engineering Department
L,-,6hris Dressel, Community & Economic Development
t-'rederico Rodriguez, Fire Department
Jeff Gibney, Community & Economic Development
y �� y ni „ cost-�
t�.-J"al�n B orni, Area Plan Commission or '
ioseoh.in.us or 235-9813 fax)
,,-Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
L.-Phil Griffin, NIPSCO ( m riffin nisource.com) (FYI Only)
FROM: Linda M. Martin, Clerk -
SUBJECT: REQUEST FOR RECOMMENDATION - STREET AND
ALLEY VACATION
APPLICANT: Mary A. Miller
The Square Block Encompassing the First and Second
LOCATION: North/South Alleys East of Sherman Street; Rose Street
Between Said Alleys, and the East/West Alley South of Rose
Street Between the First and Second North/South Alleys
DATE DUE: 10/25/2010
FAX OR E-MAIL TO: 235-9171 / Imartin southbendin. ov
RECOMMENDATIONS AND COMMENTS:
By Date
4SS101y£
/?sa� ST. JOSEPH COUNTY/SOUTH BEND
ouT
.� b: .-�• � BUILDING DEPARTMENT
o = 125 S. LArAYETTE BLvD.
d SUITE 100 V \� �\ c r i ij Cy
o an SOUTH BEND, IN 46601 ��� cE�'�,
(574) 235-9554
r TDD 574-235-5567 x +
FAx 574-235-5541 1565
JAMES D.MARKLE,R.A. CHARLES C.BULOT MARKA.LYONS
Design/Plan Review Specialist BUILDING COMMISSIONER Asst.honing Administrator
July 20, 2011
T
South Bend Common Council
0 Floor, County-City Bldg.
South Bend, Indiana 46601
RE: Substitute Bill No. 18-11
Dear Council Members:
We are submitting a revised bill, The revision made is in Section 1 (b) (1) a. The Cost per
Square Foot (CSF) times the Total Square Footage (TSF) times the Local Variable Factor(LVF)
of$.00118 was changed to $.00095.
If you have any questions regarding this matter,please feel free to contact rile,
Sincerely,
Charles C. Bulot, C.B.O., C.F.M.
Building Commissioner
CCB/rkn
Filed in Clerk's; Offlow
UL 2 0 20"11
JOHN VOORDE
CITY CLERK,SCum avo,v,
REVISED
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF
THE SOUTH BEND MUNICIPAL CODE PER'T'AINING TO BUILDING-FEES
STATEMENT OF PURPOSE AND INTENT
On December 31, 1991, the City of South Bend and the County of St. Joseph entered into
an agreement to merge their building departments; and further created the "consolidated Building
Board". In 1993, by Ordinance No. .8412-93, Subsection 1, the Board created the Building
Department as an enterprise fund.
Section 6-4(f) of Chapter 6, Building, Article 1, General Provisions, requires periodic
review of the permit fees charged by the Department, comparing the fees to those charged by
other local governmental entities and comparing the total annual fees collected to the annual cost
of operating the Department. This review revealed that the Department has been operating with
a deficit in 2009 and 2010, leaving a cash reserve at the end of 2010 of$38,560. Therefore, it
has been determined that in order to maintain the enterprise fund, a fee increase will be needed as
set forth in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. Chapter 6, Article 1, Section 6-4 (b) of the South Bend Municipal Code be and
hereby is amended to read in its entirety as follows:
(b) Unless otherwise provided in the Building Code, the fees to be charged for the
issuance of permits by the Department shall be paid at the time the permit is issued.
(1) Ae fee fer-permiis issued fef new eenstfuetien and building additiens shall be based
open square footage of-stleh new construefien er-addition at the fe!jewjag-m*5I
a. Residen4i ah Ten cents ($0.10)per-square footage fef the first ene handf-ed thous an
(100, )00) square feet and eight cents ($0.118" s—afe
Z' feet for- eaeb additie
b. Ceffimefeiah Twelve eents ($0.12) per- square feetage for the first ene hundre
theasand (100,000) square feetage and ten eents ($0.10) for eaeh additional square
feet, with a fninimum fee ef twenty dollars ($20.00)r
(1) The fee for permits_issued for residential and commercial new construction and
building additions shall be based u _„_
a. Cost per Square Foot (CSF)times the Total S care Footage (TSF) times
the Local Variable Factor(LVF) of 00098.
b. Cost per Square Foot (CSF) shall be determined by„_the International Code
Council Building Valuation Table in effect in January of each year.
C. The cost Rgy square foot (CSF)by occupancy classifications shall be
amended as follows:
1. Groups F-1 F-2 H-1 H-2 H-3 H-4 and M shall have the same rate as
A-3.
2. Groups I-4, R-2, and R-4 shall have the same rate as 1-1
3. Groups S4, S-2, and U shall„have the same rate as R-3
d. Minimum Fee - $30.00
(2) Permits issued for all alterations, repairs, remodeling of existing structures over five
hundred dollars ($500.00), fence installations, in-ground pool installations,
communication towers, and utilities shall be subject to the following fee schedule:
Estimated Construction Costs ..... .............................................................................Permit Fees
$1.00 to 1,000.00........... ...............................................................2 -89 30.00
1,001.00 to 2,000.00.........................................................................
23-09 35.00
2,001.00 to 3,000.00................................................................................................39 08 40.00
3,001.00 to 4,000.00.................................................................................................35.00 45.00
4,001.00 to 5,000.00................................................................................,................40.08 50.00
5,001.00 to 6,000.00.........................................I..........................I............................45.0 55.00
6,00L00 to 7,000.00.................................................................................................58-98 60.00
7,001.00 to 8,000.00.................................................................................................55-00 65.00
8,001.00 to 9,000.00.................................................................................................60.00 70.00
9,001.00 to 10,000.00...............................................................................................65.00 75.00
10,001.00 to 11,000.00.............................................................................................70:89 50.00
11,001.00 to 12,000.00.............................................................................................74 00 85.00
12,001.00 to 13,000.00.............................................................................................59:98 90.00
13,001.00 to 14,000.00.............................................................................................85.08 95.00
14,001.00 to 15,000.00............................... . ............................................................90.00 100.00
15,001.00 to 16,000.00.............................................................................................95.80 105.00
16,001.00 to 17,000.00........................................................................................... 190.00 110.00
17,001.00 to 18,000.00............................................................................................195:88 115.00
18,001.00 to 19,000.00............................................................................................110.00 118.00
19,001.00 to 20,000.00............................................................................................115.00 121.00
20,001.00 to 21,000.00............................................................................................1-100 124.00
21,001.00 to 22,000.00............................................................................................4,N-80 127.00
22,001.00 to 23,000.00.........................................................................................:. 24.00 130,00
2
23,001.00 to 24,000.00............................................................................................4 27.00 133.00
24,001.00 to 25,000.00............................................................................................130.00 136.00
25,001.00 to 26,000.00. ..........................................................................................133.80 139.00
26,001.00 to 27,000.00............................................................
................................136:-A0 142.00
27,001.00 to 28,000.00............................................................................................4 :89 145.00
28,001.00 to 29,000.00............................................................................................442-00 148.00
29,001.00 to 30,000.00. .......................................................................................145.00 151.00
30,001.00 to 31,000.00.............................................................................................-4," 154.00
31,001.00 to 32,000.00............................................................................................151-:09 157.00
32,001.00 to 33,000.00............................................................................................434:80 160.00
33,001.00 to 34,000.00............................................................................................3 C 163.00
34,001.00 to 35,000.00............................................................................................ 0:89 166.00
35,001.00 to 36,000.00............................................................................................163.00- 169.00
36,001.00 to 37,000.00...........................................................................................466.04 172.00
37,001.00 to 38,000.00...."................................. .....................................................169.00 175.00
38,001.00 to 39,000.00............................................................................................172.00 178.00
39,001.00 to 40,000.00............................................................................................175.00 181.00
40,001.00 to 41,000.00............................................................................................478.00 184.00
41,001,00 to 42,000.00............................................................................................181.0 187.00
42,001.00 to 43,000.00............................................................................................4,84:80 190.00
43,001.00 to 44,000.00............................................................................................482:00 193.00
44,001.00 to 45,000.00............................................................................................490.00 196.00
45,001.00 to 46,000.00............................................................................................193.04 199.00
46,001.00 to 47,000.00............................................................................................196.00 202.00
47,001.00 to 48,000.00............................................................................................4900 205.00
48,001.00 to 49,000.00............................................................................................202.00 208.00
49,001.00 to 50,000.00............................................................................................20-5:00 211.00
50,001.00 to 51,000.00....................................I.......................................................248 08 214.00
51,001.00 to 52,000.00............................................................................................21-1.00 217.00
52,001.00 to 53,000.00............................................................................................214.08 220.00
53,001.00 to 54,000.00............................................................................................214 223.00
54,001.00 to 55,000.00............................................................................................220:00 226.00
55,001.00 to 56,000.00............................................................................................223,00 229.00
56,001.00 to 57,000.00............................................................................................2268 232.00
57,001.00 to 58,000.00............................................................................................229.00 235.00
58,001.00 to 59,000.00............................................................................................232.00 237.00
59,001.00 to 60,000.00............................................................................................235,00 239.00
60,001.00 to 61,000.00............................................................................................23x.00 241.00
61,001.00 to 62,000.00............................................................................................239.00 243.00
62,001.00 to 63,000.00............................................................................................241.00 245.00
63,001.00 to 64,000.00............................................................................................24380 247.00
64,001.00 to 65,000.00........................................I...................................................245.08 249.00
65,001.00 to 66,000.00............................................................................................247.0A 251.00
66,001.00 to 67,000.00..............................................................................................
4� 253.00
67,001.00 to 68,000.00............................................................................................251.00 255.00
68,001.00 to 69,000.00..............................................................................,.............259.08 257.00
69,001,00 to 70,000.00............................................................................................x.00 259.00
70,001.00 to 71,000.00............................................................................................257.00 261.00
71,001.00 to 72,000.00............................................................................................29:0.0 263.00
72,001.00 to 73,000.00............................................................................................x;00 265.00
73,001.00 to 74,000.00............................................................................................x.00 267.00
74,001.00 to 75,000.00............................................................................................26&00 269.00
75,001.00 to 76,000.00............................................................................................267.50 271.00
76,001.00 to 77,000.00............................................................................................260 00 273.00
77,001.00 to 78,000.00............................................................................................21OB 275.00
78,001.00 to 79,000.00.-........................................................................................273.00 277.00
79,001.00 to 80,000.00............................................................................................x.00 279.00
80,001.00 to 81,000.00....................................................................:.......................277.00 281.00
81,001.00 to 82,000.00............................................................................................279.00 283.00
82,001.00 to 83,000.00............................................................................................281.00 285.00
83,001.00 to 84,000.00............................................................................................283.00 287.00
84,001.00 to 85,000.00............................................................................................25-5.00 289.00
85,001.00 to 86,000.00............................................................................................x.08 291.00
86,001.00 to 87,000.00............................................................................................28�9.00 293.00
87,001.00 to 88,000.00............................................................................................291-00 295.00
88,001.00 to 89,000.00..............................................................................,.............293.00 297.00
89,001.00 to 90,000.00............................................................................................295.00 299.00
90,001.00 to 91,000.00............................................................................................200 301.00
91,001.00 to 92,000.00............................................................................................299.00 303.00
92,001.00 to 93,000.00............................................................................................304:-00 305.00
93,001.00 to 94,000.00............................................................................................35300 307.00
94,001.00 to 95,000.00............................................................................................305.0 309.00
95,001.00 to 96,000.00............................................................................................30350 311.00
96,001.00 to 97,000.00............................................................................................309.08 313.00
97,001.00 to 98,000.00... ............................................................................... ........311.0 315.00
98,001.00 to 99,000.00............................................................................................3-1399 317.00
99,001.00 to 100,000.00..........................................................................................34 5.00 320.00
100,000 and up............:...........................................................................................31-5:50 320.00
Plus, per thousand dollars ($1,000,00) of estimated construction cost thereafter, up to one
million dollars ($1,000,000.00) total estimated construction cost ........................... .....075 0.90
Plus,per one thousand dollars ($1,000.00) of estimated construction costs thereafter A-40 0.60
(3) Thirty dollars ($30.00) for each re-inspection made by
department inspectors of commercial and industrial projects.
(4) Fifty,dell ,.n ($50.00' Sixty dollars 60.00 for each additional final inspection
necessitated by the failure to pass the previous final inspection.
4
(7) Sign Permits. Fees shall be charges-d for the issuance of permits for the installation or
erection of freestanding signs; billboards, including outdoor and off-premises signs;
facia signs; marquee or canopy signs and for lettering on buildings as follows:
a. Under one (1) square foot or less of display area and embellishments: No fee
b.One (1) square foot to twenty-five (25) square feet of display area and
embellishments: TWfty della m $30 n Forty dollars 40.00
c.Twenty-six (26) square feet to fifty (50) square feet of display area and
embellishments: Sixty dollars 60.00 ;
d Fifty-one (5 1) square feet to one hundred (100) square feet of display area and
embellishments: Eighty-five dollars 85.00 ;
e. In excess of one hundred (140) square feet of display area and embellishments:
One htmdred dollars ($j 00.00) One hundred twenty dollars $120.00 ;
11 f. Temporary signs: dollars Initial
permit, Thirty-five dollars $35.04 ; each ays-� extension of a
temporary permit, Forty-five dollars ($45.00).
(8) Wrecking and demolition permit fees shall be as follows:
a. Residential:
L 0.02 per square foot, with a minimum fee of Thirty dollars ($30.00). Tv
five dellaf9j$25.00)per-aleeesser-y -H.,
2. ThiAy five dellars ($3 5.00)pef house.
b. Commercial:
1. 0.015 per s uare foot with a minimum fee of Forty dollars $40.00 .ThiA= five
/01C L
rq �� � .,of r�„ff '
,.:
3. Seventy -five dOlIffir-s ($75.00)per-stefy on buildings w-hieh hwe ten theusan I
one r ,
00.00)per-siery on buildings v�Neh have evef4wemy-
(9) Move any one-or two-story building over public streets or alleys:
($100.00). One hundred twenty-five dollars $125.00
(I 0)Move any building greater than two (2) stories in height over public streets or alleys:
One hundr-ed fifty dollars ($150.00) One hundred liars (�1 75.00),
seventy-f ve do_._....._..„_,._,�.
(I 1)The fee for installation of a wood-burning stove shall be
Thirty dollars $30.00 per flue (including chimney and chimney connector).
Section II. Chapter 6, Article 1, Section 6-4.1, subparts I(c), (2)(a), 2(b), and (3)(a) of
the South Bend Municipal Code be and hereby are amended to read as follows:
1) Board of Zoning Appeals:
a. Appeals and Variances - $85.00
b. Special Exceptions - $300.00
c. Each variance filed simultaneously with another
variance or special exception- $45.00
2) Improvement Location Permit:
a. First Term: $20.00 $30.00
b. Renewal: $20.00 $45.00
3) Document Processing/Preparation Fees:
a. Zoning Verification Only - $ 5:00 $30.00
b. All Other Documents - $50.00
Section III. Chapter 6, Article 1, Section 6-6.4(c) of the South Bend Municipal Code be
and hereby is amended to read as follows:
(c) All installations of wood burning stoves shall be inspected by the Department two (2)
times, one (1) each for preliminary venting work and for final, completed installation.
The permit holder shall notify the Department at least twenty-four (24) hours in
advance of the time the work is ready for inspection. If the work does not pass
inspection, a reinspection fee of thi dollars 30.00
shall be charged for each future inspection of that stage of work.
Section IV: Chapter 6, Article 1, Section 6-10, subparts (c) and(e) of the South Bend
Municipal Code be and hereby are amended to read as follows:
(c) Schedule of permit fees. Permits issued for plumbing work within the City shall be
subject to the following fee schedule, with a minimum permit fee being
thim dollars $30.00 .
M Each plumbing fixture or trap or set of fixtures on one trap, including water
and drainage piping therefore........................................................ &:00 6.00
Q Each backflow protection...................................................................................... SM 6.00
6
Each building sewer:
a. Under 100'..................................................................................................... 10.00 12.00
b. 100' or over.................................................................................................... 20.09 25.00
Each building water:
a. Under 100'................................................................................................. .. 44)0 12.00
b. 100' or over............................................................................................. ... 2:9M 25.00
LQEach water softener.............................................................................................. 6:00 7.00
Each trailer park sewer....................... ........................................................... 8$8 10
Each drain within building for rainwater systems................................................ 5-.w 6.00
Each water heater and/or vent.................................................I......I...................... 6,00 7.00
0 Each gas reconnection............................................................................................ 2400 30.00
,(Each gas piping system, per outlet.......................................................................... 2790 3.00
I I Each industrial waste pretreatment interception,-including its trap and vent,.
excepting kitchen-type grease interceptors functioning as fixture traps........... 7:00 8.Q0
f U2 Installation, alteration or repair of water piping and/or water treating equipment.. 5--,G0 6.00
13 Repair or alteration of drainage or vent piping....................................................... 3:00 6.00
(14) Each drywell. ..........................................................................................................44.-N 12.00
Each lawn sprinkler system on any one (1) meter, including backflow
protection devices thereof.................................................................................... 5:90 6.00
Fire protection sprinkler system:
a. Up to 30 heads...............................................................................................24:-00 30.00
b. PIus each additional 10 heads thereafter .................................................. -7-.O0 8.00
Gastanks and pumps...............................................................................................10.00 12.00
Back-up generator— gas line:
a. 10 Kv or less. 30.00
b. Over IOKv................... 50.00
Eachre-inspection..........................................................................................:.... 25.00 34.00
20 Each additional final inspection.......................................................................... 39:09 60.00
(e) All plumbing installations requiring a permit shall be inspected by the plumbing
inspector three (3) times, once each for underground work, rough-anin work, and final
completion. A complete line test shall also be supervised by the plumbing inspector. The
plumbing permit holder shall notify the plumbing inspector at least twenty-four (24) hours in
advance of the time the work is ready for inspection. If the work does not pass inspection, a
reinspection fee of 1wenty five dollars thirty dollars° 30.00 shall be charged for each future
inspection of that stage of work.
Section V. Chapter 6, Article 1, Section 6-24(c) of the South Bend Municipal Code be
and hereby is amended'to read as follows:
(c)Fees. Each application for a permit for installation or alteration of electrical wiring or
equipment shall be accompanied by fees in accordance with the schedule below; with a
minimum permit fee of thirty dollars ,$30.00):
(1) Temporary service for construction:
Allamperage............................................................$ 7.00
(2)Switchboards and panel boards each, new and
replaced.•
60-amp......................................................................$ 7.00
1 00-amp.................................................................... 9.00
200-amp.................................................................... 12.00
400-amp.................................................................... 15.00
600-amp.................................................................... 20.00
Over 600-amp to 2,000 amp..................................... 25.00
Over2,000 amp........................................................ 50.00
(3) Circuits (new or replaced):
a. Each circuit............................................I............... 5.00
(4)Horsepower (machinery):
a. First hp.................................................................. 7.00
b. Each additional hp................................................ 0.25
(5) Bark-up generator:
a. 10 Kv or less. 30 pp
b. Over 10 Kv. 50,00
(5)(6)Pool wiring and/or bonding..................................28:98 30.00
(6)(7)Repair, extension, and/or maintenance of wiring.........20.0g 30,00
(7)(8)Reset, relocation, reconnect fees, each.................... 88 30 00
(8)(9)Each re-inspection fee......................................................25.08 30.00
(9)-LUO Each additional final inspection......................................50.00 60.00
If the exact number of circuits or horsepower is unknown at the time of the application
for a permit, a permit may be taken for the minimum amount known with new permits issued as
the extent of the work is known.
Section VI. Chapter 6, Article 1, Section 6-25(a) of the South Bend Municipal Code be
and hereby is amended to read as follows:
(a) All electrical wiring and equipment installations and alterations requiring a permit
shall be inspected by the Electrical Inspector. The permit holder shall notify the Electrical
Inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection.
If the work does not pass inspection, a reinspection fee of thyrt
dollars ($30.00) shall be charged for each future inspection of that stage of work,
Section VII. Chapter 6, Article 1, Section 6-36.3(c) of the South Bend Municipal Code
be and hereby is amended to read as follows:
(c) Fees. Each application for a permit for installation of heating, ventilating, air
conditioning, and refrigeration equipment or systems shall be accompanied by fees in accordance
with the schedule below, with a minimum permit fee being thigy dollars
$30.00 . When the total capacity of any system in any single installation is provided by more
8
than one (1) unit, the sum of the capacities of each unit and the total number of such units shall
determine the fee.
LDSpace heaters, each 30,000 Btu input or more........................................ 20.00 30.00
9) Warm-air furnaces, unit heaters, cabinet heaters, and radiant tube heaters:
a. Up to 300,000 Btu..................................................... 20:00 30.00
b. 300,000 Btu input or more........................................................... 30.00 40.00
Oil and gas conversions:
a. Up to 300,000 Btu input.......................................... 30.00
b. 300,000 Btu input or more.................................................... 34.-W 40.00
Electric furnaces (air handling):
a. Less than 100 kw input.................................................. 28:80 30.00
b. 100 kw input or more........................................................... -X0.00 40.00
Air Conditioning:
a. Central, electric:
1. Less than 5 tons..,.................................................. 20:09 30.00
2. 5 to 10 tons................................................................................. 8.09 40.00
3. Over 10 tons...............................................................................3&98 60.00
b. Water chillers............................................. ..................................75.00 85.00
c. EMI-air blower....................................................................... 29 00 30.00
L6,) Ventilating and exhaust systems:
a. Less than 500 CFM capacity.................................................-- 6.00
b. 500 to 1,500 CFM capacity..................................................48:98 12.00
(Plus 1.00 for each 500 CFM or fraction thereof in excess of 1,500 CFM)
Q Ventilating commercial hoods; including make up air:
a. 500 CFM to 1,500 CFM capacity.........................................28:90 60.00
b. Over 1,500 CFM capacity.............................................. 60.00 120.00
M Refrigeration and engine-driven, gas-fired or oil-fired cooling equipment:
a. 1 to 5 horsepower, each............................................ ......413:90 17.00
b. 6 to 10 horsepower, each......................................................25.00 30.00
C. More than 10 horsepower, each............................................40.00 45.00
Rooftop combination furnace and air conditioning units, 60,000 to 300,000 Btu's,
each:
a. Up to 7 %2 tons.................................................................... 40M 45.00
b. 7 %2 tons or more................................................................ 60.00 70.00
Heat pumps:
a. 1,000 to 60,000 Btu's input.................................... 20-W 30.00
b. 60,000 to 300,000 Btu's:
1. Up to 7 %2 tons, each.................................................40.09 45.00
2. 7 %2 tons or more, each..............................................75.00 85.00
c. Earth, coupled water source...................................................308 60.00
LUI
Boilers, steam or hot water:
a. Up to 300,000 Btu's............................................. 24.00 30.00
b. 300,000 Btu's or more..........................................................39:80 60.00
12 Through-wall combination air conditioning/heating and VAV boxes w/coil:
a. First unit................................................................................W.-W 30.00
b. Each additional unit................................................................1-0:99 12.00
C. Solar heat units..................................................................... 60.00 60.00
Air handlers
a. 400 CFM to 2,500 CFM.........................................................00 30.00
b. Over 2,500 CFM............................................................ .60.00 70.00
014 Back-u]2 enerators-- as line:
a. 10 Kv or less. 30.00
b. Over 10 Kv. 50.00
Duct and register:
a. First 15 o enin s er s stem. 30.00
b. Each opening thereafter, per system...... 1.00
fU6 Gas reconnection, each....................................................................... 20.0 30.00
Ll 7� Gas piping (distribution of piping to equipment)to be included on permit
application
Each gas piping system,per outlet.......................................... 2-.-003.00
Woodburning stoves, per flue (including chimney and chimney
connector)..............................................................
(19) Each ..................... . ....... 5. 34.00
reinspection fee. ....... ........................................ .2 2-50 0 30.00
(20) Each additional final inspection............................................................50:00 60.00
SECTION VIII. This Ordinance shall be in full force and effect from and after its adoption by
the Common Council, approval by the Mayor, and any publication required by law.
Member, South Bend Common C cif
Attest:
ly
City Clerk Coup afti ca wa
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 S , TIdialla
it READING
10 Filed in C1Awk's Office
JBUC BEARING
rd READING JUL 20 20
OT APPROYED
TERRED JOHN VOORDE
..... - f."nw C-41"IV"lskmL.ir% fit '
4i
CZ
2g�5
CITY OF SOUTH BEND S7E'P1UEN J.I,UECKE,MAYOR
DEPARTMENT OF ADMINISTRATION& FINANCE
GREGG D..
CONTROLLER
June 24,2011 oty
Mr. Derek Dieter
President, South Bend Common Council
0 Floor, Count -City Building
South Bend, 1144,6661
re: Bill 39-11 Parks Property Capital Investment for Appropriation by the Common Council
Dear president Dieter.
Bill 39-11 was originally filed with the Common Council on June 22, 2011. Subsequent to the first filing,
City Administration, upon further internal discussion, believes it may be more appropriate to separate the
two (2) expenditure requests into standalone bills to enable Council to give adequate consideration to
each request on an individual basis.
It is therefore the request of City Administration, for Council to accept City recommendation to separate
the line items as contained in Bill 39-11.
City Administration would therefore withdraw Bill 39-11, and introduce two (2)new Bills, one (1) each for
the project funding requests as originally contained in Will 39-11.
Therefore, City Administration hereby files the enclosed two(2)new spending twill ordinances as follows:
1) Bill requesting Council to approve and appropriate monies to complete the renovation and
rehabilitation of the I'otawatomi Conseryatoty amounting to $1,200;000, whereby securing #iie
facility as a cultural asset of the City of South Bend. Funds will be used to affect required repair
and maintenance, and upgratle to the existing structure. Monies to be appropriated from the
Option Income Tax"Fund##"04 and,
County
2) Bill requesting Council to approve and appropriate monies for the planning, property acquisition
and rnf[astructure improvement for city investment in the Miracle Park project amounting to
$1,00000. Monies to be appropriated from the Econormlc Development income Tax Fund#40$.
Upon Council agreement to accept the City's recommendation. for withdrawal...of 1$11( 39-11 and
introduction of two(2) replacement Biits; the City requests Council consideration for.first read at'the June
27, 2011 Council meeting; assigned Council committee meeting, 2"4 read, 3"'re.ad and Council vote on
July 11, 2011.
County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830
Phone:574/235-9216 Fax:574/235-9928 T171): 574015-45(+7 1
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING $ 1,200,000 FOR CAPITAL INVESTMENT
IN THE POTAWATOMI CONSERVATORY IN 2011
STATEMENT OF PURPOSE AND INTENT
A project pertaining to economic development, community development, and
structural improvement has been identified of interest and benefit to the City of South
Bend. This is the Potawatomi Conservatory renovation and rehabilitation.
It is necessary to appropriate the funds to make this capital investment
expenditure.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section 1. The sum of$1,200,000.00 is hereby appropriated and set aside within
COIT Fund#404 for purposes of investment in the Potawatomi Conservatory.
Section I1. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Attest: Member of the Common Council
omy to pmWde an
S�irilng fr-i i aw4
City Clerk op�0ao for PU*
Cali W =911
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 Benn
t REAdING L'L2 -( 1 u1�°y sw� D �cAI � A:
t
-d READING
'dti iW'u a
X APPROVED
FERRED ..�.,....,. .....-. .. �^ s
5010 T 8�
1865
CITY OF SOUTH BEND
STEPHEN J. LUECKE, MAYOR
OFFICE OF THE MAYOR
July 20, 2011
City Council
227 W. Jefferson Blvd.
4 1 floor, County-City Building
South Bend, IN 46601
Dear Council Members:
1 respectfully request that Bill 41-11, appropriating $1,000,000 for capital
investment in Miracle Park, be continued to the August 8th meeting of the Council. We
are continuing to refine details of the proposal and ask for this extension in order to
provide better information to you before your vote. Thank you for your consideration of
this request.
Sincerely,
Stephen J. Luecke
Mayor
Filed fn Cler 's Of$i °'r?
JUL 2 U 2011 i
JOHN VOORDE
CITY CLERK,SOUTH SEND,IN
C uNTY--Cr ry BUTI.DTNG•227 W.JE.FFERSoN BOULEVARD So=SFND, INDIANA 46601
PTaDH.F, 5741235-9261• FAx 5741235-9892
e
o4�p`t7TA��d
CITY OF SOUTH HELD STEPHEN J.LUECKE,MAYOR
DEPARTMENT OF ADMYMsTRATION FINANCE
GAEGG D.VENTARA
CONTROLLER
June 24,2011
6 ( (
Mr. Derek Dieter
President, South Bend Common Council
4t'Floor,County-City Building
South:Bend, 14 46661
re: Bill 39-11 Parks Property Capital Investment for Appropriation by the Common Council
Dear President Dieter:
Bill 39-11 was originally filed with the Common Council on June 22, 2011. Subsequent to the first filing,
City Administration, upon further internal discussion, believes it may be more appropriate to separate the
two (2) expenditure requests into standalone bills to enable Council to give adequate consideration to
each request on an individual basis.
It is therefore the request of City Administration, for Council to accept City recommendation to separate
the line items as contained in Bill 39-11.
City Administration would therefore withdraw Bill 39-11, and introduce two (2) new Sills, one (1) each for
the project funding requests as originally contained in Bill 39-11.
Therefore, City Administration hereby files the enclosed two(2) new spending bill ordinances as follows:
1) Bill requesting Council to approve and appropnate monies to complete the renovation and
rehabil#atran of the;Potawatomi Conservatory`amounting to $1,200;QOQ whereby securing the
facility as a Guttural asset of the City of South Bend Funds will be used to affect required repair
and mom#enance, and upgrade to the existing structtare. Monies to be appropriated from the
County Option Income Tax°Fund#404 arid;
2) Bill requesting Council to approve and appropriate monies for.the planning, property acquisition
and infrastructure improvement for city investmen# in the Miracle Park profeCt; amounting to
$1,000;000. Monies to be appropriated from the Economic DevelopmBnt Income Tax Fund#408.
Upon Council agreement to accept the City's recoirimendation for withdrawal of Bill 39-11 and
introduction of two j2)'replarement'BIIIS, the City requests Council consideration for first read at the June
27, 2011 Council meeting; assigned Council committee meeting, 2"d read, 3"d read and Council vote on
July 11, 2011.
County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830
Phone:574/235-9216 Fax:5741235-9928 TDD: 574/235-5567
t
Mayor Luecke will present the two (2) Bills to the Common. Council at the appropriate Council Committee
meeting, public hearing and a# ttte Council meettng City Administration is available to discuss any
matters concerning these Bills at the convenience of the Council.
Regards,
Gregg D. i 'in"`ra,
cc: Stephen J. Luecke,Mayor of the City of South Bead
Phil St. Clair, Director Parks& Recreation
Feed In Clerk's Offict
JUN 2 7 2011
JOHN Vt7o�E
CITY CLERK,SOU*eEND,iiN
Iwo
'•��865_�
CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR
DEPARTMENT OF ADMINISTRATION & FINANCE
GREGG D.ZIENTARA
CONTROLLER
July 6, 2011
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
re: Infrastructure Spending Bill for Appropriation by the Common Council
Dear President Dieter:
City Administration has been actively pursuing several projects pertaining to economic development,
community development, and structural improvement of interest and benefit to the City of South Bend. As
such, City Administration herewith submits for Council consideration, the attached bill, which includes the
request of funding for projects as follows:
Bill 27-11 was originally filed with the Common Council including several projects of economic
development, community development and structural improvement benefit to the City of South Bend. Bill
27-11 was amended a with 15= Substitute version, introduced by Mayor Luecke at the Personal and
Finance Committee meeting of June 13, 2011.. The substitute version removed certain of the line item
projects included in the original Bill 27-11 filing.
A line item entry originally included in Bill 27-11 and removed in the substitute version, was $1.950 million
for additional street paving projects in fiscal 2011 and $0.150 million for the installation of a traffic signal
at the intersection of Western Avenue and Laurel Street, for a total investment of$2.1 million.
The substitute version of Bill 27-11 was introduced to separate the bill into compartmentalized discussion
elements to provide Common Council increased time to review and consider the various projects
submitted by City Administration. Mayor Luecke, informed Council at that tune, that City Administration
would return to Council and would file new bills as required for line item projects included in the original
bill however removed from the substitute bill.
Therefore, City Administration now returns to the Common Council and hereby files the enclosed new
spending bill ordinance, requesting Council to approve and appropriate monies to allow for additional
infrastructure improvements benefiting the City of South Bend as follows:
Street Paving — request for infrastructure investment of $0.850 million to allow additional street paving
projects to be affected in fiscal 2011 required to improve deficient'city streets encompassing certain main
commercial arteries within the city. This appropriation will augment the 2011 budget Council approved
street paving investment of$2.0 million, for a total street paving investment in fiscal 2011 of$2.85 million.
County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830
Phone.574/235-9216 Fax; 574/235-9928 TDD: 574/235-5567
Upon Council approval of the proposed additional street paving appropriation, the total street paving
investment in fiscal 2011 of$2.$5 million compares to the 2010 street paving investment of$2.7 million.
Traffic Signal Installation - request for infrastructure investment of $0.150 million to allow for the
installation of a new traffic signal at the intersection of Western Avenue and Laurel Street. The traffic
signal proposed is required to enable traffic efficient entry and exit to the Kroc Center Facility based on
City Engineering projections of traffic volumes.
The proposed source of funds for this appropriation is as follows:
Fund_ ,
Street Paving Fund 202 Motor Vehicle -T$Amount 400 �J
_ Pro'ect _
00
Fund 251 Local Roads&Streets 4. 5_0_,0_00__
Traffic Si nal Fund
�.__...._.___..__.g__.._.----- .�-. 251 local Roads&Streets _150,000
Total _ _—_� 1,_000,000
This bill is presented to Council for first read at the July 11, 2011 Council meeting; committee meeting, 2"d
read, 3`d read and Council vote on July 25, 2011.
Mayor Luecke and Public Works Director Gilot will present this Bill to the Common Council at the
appropriate Council Committee meeting, .public hearing and at the Council meeting. City Administration is
availabl discuss any matters concerning this Bill at the convenience of the Council.
Regards
Gregg D. entara
cc: Stephen J. Luecke, Mayor of the City of South Bend
Gary Gilot, Director, Public Works
E �Rna
t3fi ;
t
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA APPROPRIATING $ 1,000,000 IN INFRASTRUCTURE
INVESTMENT FOR ADDITIONAL S'T'REET PAVING AND INSTALLATION
OF A TRAFFIC SIGNAL REQUIRED FOR EFFICIENT TRAFFIC ]FLOW
IN 2011
STATEMENT OF PURPOSE AND INTENT
A project pertaining to structural improvement has been identified of interest and
benefit to the City of South Bend. This project includes investment in street paving to
repair certain deficient street surfaces and the installation of a traffic signal required to
enable efficient traffic flow on a main city artery.
It is necessary to appropriate the funds to make this infrastructure investment
expenditure.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. The sum of$ 400,000.00 is hereby appropriated and set aside within
Motor Vehicle Highway Fund#202 for purposes of investment in the street paving
projects.
Section II. The sum of$ 600,000.00 is hereby appropriated and set aside within
Local Roads and Streets Fund#251 for purposes of investment in the street paving and
traffic signal installation projects.
Section III. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Member of the Common Courkil
Attest:
dV Of this bill 1,
City Clerk ,y� lsi ��+`tatgfe tl !°Pt- i7 a31
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
Eff
in 01
1st READING "� f t
PUBLIC HEARING 1
3 rd READING NOT APPROV— 'O,"EFERRE ID .
PASSED .tea
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 % 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 1. 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 H. 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
Filled In Cierkys Qf—lr^
MAY 0 11
JOHN vuuiiL--
t40T APPRoVErl ciry CLERK, SOUTH IkND,W
P.0 '`
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
I. 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 Plan to not only bring the city back to
where it was originally and to make it a better place to live. My another 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
SHEET 1 OF
SURVEYOR LOCATION REPORT
THIS REPORT IS DESIGNED FOR USE BY A TITLE INSURANCE COMPANY WITH RESIDENTIAL LOAN POLICIES, NO CORNER MARKERS
WERE SET AND THE LOCATION DATA HEREIN IS BASED ON LIMITED ACCURACY MEASUREMENTS, THEREFORE, NO LIABILITY WILL
BE ASSUMED FOR ANY USE OF THIS DATA FOR CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES ON THIS LOCATION. IF A
MORE ACCURATE OR DETAILED LAND SURVEY IS NECESSARY OR IF CORNER MONUMENTS ARE REQUIRED, AN INDIANA LAND
TITLE SURVEY SHOULD BE ORDERED,
PROPOSED BUYER: RACHEL L. GIVENS
LEGAL DESCRIPTION: LOT 3 ROCKAFELLER'S FIRST ADDITION TO THE CITY OF SOUTH BEND,
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
NOTE: DEED OR RECORD INST. 10708121
14' ALLEY COVERED 2ND FLOOR PORCH
_ __ _
55.44'(R)
—36.94' 6.4 t -- 55.44'--- j�-----
TWO I
N STORY M i
FRAME I
36.6' I
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--------------�_-.--
WASHINGTON STREET
(82.5' R/W)
I, THE UNDERSIGNED INDIANA REGISTERED LAND SURVEYOR, HEREBY CERTIFY TO THE PARTIES
NAMED ABOVE THAT THE REAL ESTATE DESCRIBED HEREIN WAS INSPECTED UNDER MY SUPERVISION Q���111111t11I!////,/'
ON THE DATE INDICATED AND THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS REPORT �� fGL J. Ro ��i�
CONFORMS NTH THE REQUIREMENTS CONTAINED IN SECTIONS 27 THROUGH 29 OF 965 IAC 1--1--12
FOR A SURVEYOR LOCATION REPORT. THE ACCURACY OF ANY FLOOD HAZARD STATEMENT SHOWNy WT1R '
ON THIS REPORT IS SUBJECT TO MAP SCALE UNCERTAINTY IN LOCATION OR ELEVATION ON THE Z ��,
REFERENCE FLOOD INSURANCE RATE MAP.
LS20500010 "
STATE OF -
ND I At
MICHAEL J. RDZYCKI f D ''�i,�� SUR`1 ��`•
STATE OF INDIANA AND SURVEYOR NO. LS20500010 '7j//p1U1i1111ti����`
✓ }
Z
PROPERTY 1117-1119 j WASHINGTON STREET ABONMARCHE CONSULTANTS, INC. Q
S ADDRESS: SOUTH BEND, IN 750 Lincoln Way East Fort Wayne, Indiana _a
PROPERTY LOT 3 South Bend. Indiana 46601 Benton Harbor, Michigan —L
DESCRIPTION: RDCKAFELLER'S FIRST ADD. Manistee, c 6 FAX (574) 251-4440 South Han, mihigoh
S PORTAGE TWP, ST. JOSEPH CO, IN ENGINEERING / LAND S1IRVEYINC / PLANNING / CONSTRUCTION SERVICES
Al
z DRAWN BY: JLM DATE: 04/01/11 FB: HSE MISC VOL1 PG23 DESIGNATED FLOOD ZONE:
5 v
CHECKED BY: MJR SCALE: 1"-40' SEC, 11—T37N—R2E COMM. PANEL NO:
LOT 3
ROCKAFELLER'S FIRST ADDITION
PORTAGE TOWNSHIP, ST. JOSEPH CO,
INDIANA
14' ALLEY
55.44'(R)
COVERED 2ND FLOOR PORCH
-----— -....------
o Two
N STORY r
FRAME N
J6.8'
CONCRETE
SIDEWALKS
LOT 4 LOT 3 LOT 2
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E ED PORCH
0]
ADDRESS:
1117-1119 } WASHINGTON STREET
SOUTH BEND, FN
A WASHINGTON STREET DATE: 04/01/11
(82.5' R/W) SCALE: 1"-20'
1
PARCELID NAME UN 1 MAILINGADD MAILIN13CIT MAILIN
LIIV GZIP
SOUTH BEND HERITAGE
018-1041-1803 FOUNDATION PROPERTIES LLC 803 LWW South Bend IN 46601
SOUTH BEND HERITAGE
018-1041-1804 FOUNDATION INC 803 Lincoinway West South Bend IN 46616
018-1041-1805 LRB HOLDINGS INC 106 N Buffalo St 0300 Warsaw IN 46580
018-3070-2723 SMITH JEFFREY&BRIDGET 1121 W Jefferson B South Bend IN 46601
PHILLIPS MARGARETTE ANN& /
THOMPSON LENA L WILIFE
018-3070-2724 ESTATE WIROS&JT 1119 Jefferson South Bend IN 46601
018-3070-2725 LOPEZ SABRINA J 1117 W Jefferson South Bend IN 46601
018-3070-2726 ERIN REAL ESTATE INC 3019 S Michigan St South Bend IN 46614
018-3070-2727 HEY PRISCILLA S 1107 W JEFFERSON BLVD South Bend IN 46601
018-3070-2728 BECKHAM RYAN 1323 N IRONWOOD DR South Bend IN 46615 V
V
018-3071-2766 GALINDO-ALGODON CLEOTILDE 1154 Washington South Bend IN 46601
SOUTH BEND HERITAGE
018-3071-2768 FOUNDATION 803 L W W South Bend IN 46616
WILLIAMS MARCELINE AND
018-3071-2769 CORLETTE V BEAUCHAMP 1142 W Washington St South Bend IN 46601
018-3071-2770 ST&J LLC 1138 W Washington St South Bend IN 46601
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018-3071-2772 NICKELL NOAH N P O Box#10046 South Bend IN 46680 '1/
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018-3070-2716 NATYNKA APRIL M 1126 Washington St South Bend IN 46601 Y
018-3070-2717 MOODY REVA MARIE&DEWITT 722 N Twyckenham Or South Bend IN 46617
018-3070-2718 TAYLOR HAYES 51662 Windy Ridge Ct South Bend IN 46628
018-1040-1748 ST JOSEPH COUNTY County-City Bldg South Bend IN 46601
018-1040-1738 KUSBACH PAUL C 54497 Longwood Or South Bend IN 46628
018-1040-1740 BOWKER MARIA 1111 W Colfax South Bend IN 46616
018-1040-1741 GILL ANDREW JACK 11261 Bridlewood Td Springs MI 49103
018-1040-1749 GRAVES TERESA DIANE 119 Elm St South Bend IN I 46601
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018-3071-2779 WALTON KIMBERLY 1137 W Jefferson BI South Bend IN 46601
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MCGINNESS ARTHUR H&
NANCY C TRUSTEES OF TIME
ARTHUR H MCGINNESS&
NANCY C MCGINNESS
REVOCABLE LIVING
TRUSTGRANTORS RESERVE A
018-3071-2781 LIFE ESTATE 607 N Lindberg Dr Warsaw IN 4658IV
018-3070-2722 SANDERS JESSE 1030 W Jefferson St South Bend IN 4660
018-1040-1746 GUNDLACH NANCY C 12332 4a Rd Plymouth IN 46563
018-3071-2777 WALTON KIMBERLY 1137 W Jefferson South Bend IN 46601
018-3070-2719 PHILLIPS CARLIS R 1106 W Washington Ave South Bend IN ' 46601 V
SOUTH BEND HERITAGE
018-3070-2720 FOUNDATION INC 803 Lincolnway West South Bend IN 46616 'V
SOUTH BEND HERITAGE
018-3070-2721 FOUNDATION INC 803 Lincolnway West South Bend IN 46616
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018-3068-2605 FOUNDATION INC 803 Lincoln Way West South Bend IN 46616
ELLIS JERDA M AND ELLIS /
018-1041-1780 MARCELLA JT W ROS 209 S Coquillard South Bend IN 46617 V
P O Box 18931223 W
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018-1041-1798 WALKER HATTIE MAE 1034 W Colfax South Bend IN 46616
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018-1040-1758 GLASS EVELYN 1102 W Colfax Av South Bend IN 46616
018-1040-1761 HOMEBUYERS LLC P O Box 2544 South Bend IN 46680
018-1040-176501 SHAMBRY CORNELIOUS 1207 W Washington St South Bend IN 46601 1r
HOCKADAY JAMES S AND RUBY
018-1040-1765 D 1854 N Elmer St South Bend IN 46628
018-1040-1766 IGOODLING WAYNE 11201 W Washington ISOUth Bend IIN I. 46601
018-1040-1767 WIGFALL ADELINE 1131 W Washington, South Bend IN 46601
018-1040-1789 AMADOR ADRIANE M 1125 Washington 46819
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1018-1040-1747 COMER ERIC J 58731 CR 13 South Elkhart IN 46516
WALKER MOSES M AND LOIS V
1018-ID40-1761 %BARNES CONNIE 1140 SORIN ST South Bend IN 46617 Ve
CHURCH OF GOD HOLINESS
018-1040-1745 CHURCH 133 N Elm St South Bend IN 46616 V
WALKER MOSES MCKINLEY ANF1225 LOIS V%LONNIE WALKER% /
018-1040-1750 CONNIE BARNES oodfield Avenue South Bend JIN 1 46615 v
CUNEGIN TITUS JAMES EDNA
018-1040-1753 ICUNEGIN LIFE ESTATE 3711 Belle Vista South Bend IN 46619 /
018-1040-1754 DUPRIEST HELEN K 1116 W Colfax Av South Bend IN 46616 V
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TRUST AS TRUSTEE LAND
018-1040-1755 TRUST LT-15 1114 W Colfax St South Send IN 46601
018-1040-1759 DIXON EARNEST 1106 W Colfax Ave South Bend IN 46616
RICE NELLIE 8 DIXON EARNEST
018-1040-1756 1AS JOINT TENANTS W/ROS 1106 W Colfax South Bend IIN 1 46616
018-1040-1757 GLASS EVVELYN 1102 W Colfax Av South Bend IN 46616
NTA PROPERTY MANAGEMENT
018-1041-1797 LLC 201 Conroy Rd Sterrett AL 35147
018-1041-1779 BLOUGH MIKE 417 First St Goshen IN 46528
OZDYCH EMERY AND
018-1041-1796 HENRIETTA 1038 W.Colfax Ave. South Bend IIN 46616
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (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 6/1/11
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 '/2W. 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,
Mark A. Lyon'
Assistant Zoning Administrator
MAL/cah
GIVENS
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS
FIN INGS 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 PL.42V 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 1 ST Day of JUNE,201 1.
YES NO
MICHAEL UR 3ANSKI
M RANDALL MATTHYS
® JACK YOUNG
0 GERALD PHIPPS
0 ROBERT HAWLEY
0 JOE VELLEMAN
0 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 1117-1 119 % 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--Juhe 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: Christa 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.
IN 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 I 1 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 Iook 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 relieve
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 left 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. URBANSKL 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 alI 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 Ieft 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 Iarge 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 Iike 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 Iook 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 I 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, 2411
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
take 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 Iong term owner. My motion is that
23
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
4411 QUALITY DRIVE
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SIX (6) YEAR REAL
PROPERTY TAX ABATEMENT FOR
GVW REAI TY9 LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area located at 4411 Quality
Drive and which is more particularly described as follows:
71-03-19-126-002.000-009
Lot numbered One (1)as shown on the recorded Plat of Hayes Olive
Road Minor Subdivision,recorded July 17, 2000 as Document
Number 0033926 in the Office of the Recorder of St. Joseph County,
Indiana. and
71-03-19-126-001.000-009
Lot numbered Twenty A (20A) as shown on the recorded Plat of
Landmark Business Park, Section 7,recorded October 19, 1992 as
Document Number 9238271 in the Office of the Recorder of St.
Joseph County.
and which has Key Numbers 71-03-19-126-002.000-009 and 71-03-19-126-001.000-009
presently at this point in time, be designated as an Economic Revitalization Area; and
WHEREAS,petitioner has agreed to and has accepted responsibility to report any
changes in the final legal description and to report the final, appropriate Key Number to
the Department of Community and Economic Development and to the Office of the City
CIerk; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION 1. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION 11. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of six (_6_) years,
and further determines that the petition, the Memorandum of Agreement between the
Petitioner and the City of South Bend, and the Statement of Benefits comply with
Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code
6-1.1-12 etser .
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
Member of the Common Council
A
Ldp d :, Office
L
PRESENTED �-L�---l0
ADOM0 _ +
Sp13 T8
to
C•ity of South Bend
Common Council
11 R
1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
Derek D. Dieter TDD (574) 2355567
President July 6, 2011 w
http://ww southbendin.gov
Oliver J. Davis Members of the Common Council
Vice-President 4`h Floor County-City Building
Ann Puzzello South Bend, Indiana 46601
Chairperson, Committee i
of the Whole Dear Council Members:
Derek D. Dieter On May 25th seven (7) members of the South Bend Common Council sent a
First District letter to the South Bend Redevelopment Commission regarding a request on
Henry Davis, Jr.
their agenda for an additional $300,000 of TIF dollars for the construction of Second District the proposed Animal Shelter at 521 Eclipse Place. That letter was also sent to
Mayor Luecke, Gary Gilot, Jeff Gibney and Catherine Toppel, so that all key
Thomas LaFountain city departments would be involved in further discussions. The Redevelopment
Third District Commission tabled that appropriation request.
Ann Puzzello Much work and planning has gone into this ro osed
th P p project. It is my
Fourth District
understanding that on June 30"', the Board of Public Works again opened bids
David Varner
on the proposed construction of the Animal Shelter, with those bids coming in
Fifth Disttrict rio well above the projected estimates.
Oliver J. Davis We will soon be reviewing comprehensive documents related to the 2011 city
Sixth District budget. I believe that the same due diligence which we use for budgetary
Al "Buddy' Kirsits reviews is appropriate for proposed capital projects.
At Large In the interest of finding an amicable and lasting solution for a comprehensive
Timothy A. Rouse
and fiscally responsible animal care, control and shelter program, I am At Large introducing this resolution. This would help provide a mechanism and
opportunity for further discussion on this important community project.
Karen L. White
At Large Most sincerely,
David A. Varner
Fifth District Council Member -- '-'-'
[led in C
Attachment ;
JOHN VOOA��E-
Cl7Y CLERk SOUTH s9&w r,,ip, `
a'
RESOLUTION
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
SUPPORTING THE NEED FOR QUALITY ANIMAL CARE AND CONTROL SERVICES
INCLUDING SPACE TO HOUSE AND CARE FOR SUCH ANIMALS AT A
REASONABLE COST TO THE TAXPAYERS
G in June of 2010, the Board of Public Works opened bids for the construction of a new
animal shelter for the City of South Bend,with the lowest bid coming in approximately$32,000 over budget;
and
the City reviewed the architectural plans again, in the interest of incorporating greater
energy efficiencies in the hope of reducing the facility's Operating costs;and
the initial bid for construction of$1.5 million did not include the project's"soft costs such
as architect and engineering fees, landscaping, parking lot and furniture and equipment"; which resulted in
an additional funding request being made to the Redevelopment Commission in the amount of$300,000
which was tabled in order to permit further discussions;and
the proposed new shelter is planned to quadruple the size of the current animal shelter
located at 105 South Olive Street,where it has operated since 1996;and
Wt on June 30, 2011, the Board of Public Works received bids on the construction of a new
animal shelter,with such bids coming again above the project estimates;and
approximately 4,000 animals per year are handled by the South.Bend shelter, with the new
facility projected to help increase adoptions by at least ten percent;and
6X" the City currently budgets approximately $520,000 for animal care and control; and needs
to discuss whether funding for the construction of a duplicate animal control facility is in the best interest of
our community or whether it would be more feasible for the City Administration to enter into negotiations
with other entities for a comprehensive animal control program.
-ld*od-Tead, as follows:
Section 1. The South .Bend Common Council believes that there is no doubt that our community
needs quality animal care and control services, which include the means to house such animals in a safe,
sanitary and humane manner.
Section II. The Council further believes that exploring all animal control alternatives would be the
prudent thing to do,especially during challenging fiscal times.
Section Ill. Consolidation of duplicate services, especially when paid with tax dollars, should be
considered as a viable and feasible goal by the City,in which the Common Council wishes to be involved.
Section IV. This Resolution shall be in ful#Ve and effect from and after its adoption by the
Council and approval by the Mayor.
Derek D.Dieter, I51 District 4V� Oliver J.Davis,6 District
Henry Davis,Jr.,2"d District Al"Buddy"Kirsits,At Large
Thomas LaFountain, Ya District +, Timothy A.Rouse,At Large
..,� .
Ann Puzzello,4"District Karen L.White At Large
Dr.David Varner,5` Di ct p
Filed In :' ''.,�
John Voorde,City Clerk ``_ ``
y er ;Stephen J. Luecke,Mayor of South Bend
"
QU����
%\'I1'jl�IrJf���lj
1400 COUrM CrrY BmDmG
/,. PIAONF 574/235-9241
227 W.JEFFEesota BouLEVAeD � , FAX 5741235-7670
SOum END,INDIANA 46601-1830
� r
/865
QTY of SouTH BEND STFP14EN J. LLrEm, MAYoR
DEPARTMENT OF LAw
CHARLES S. LFoNF, ALADnAN M. DRRosF
CITY ATT'oRNF.Y CIJTF,F ASSTS'TANT Cn-YATroRNEY
July 19, 2011
Mr. Derek Dieter
President, South Bend Common Council ti f
4`h Floor, County-City Building -°-- - ry--- °
South Bend, IN 46601
Re: Ordinance Authorizing the Sale of a Portion of Voorde Park
Dear President Dieter:
At its July 18, 2011 meeting, the Board of Park Commissioners authorized the sale of Lot
1 Voorde Park Minor Addition to the highest qualified bidder, Hoosier Tank and Manufacturing,
Inc., for $60,300.00. This was done pursuant to published notice and in accordance with Indiana
Statutes. Pursuant to I.C. 36-I0-4-18, the South Bend Common Council has the final say on the
transfer of this property. Because of nearly simultaneous transactions, the size of Voorde Park,
even after this sale will be larger than it was prior to this year.
Bill Schalliol will make the presentation at the appropriate committee meeting and the
regular meeting.
Very truly yours,
Thofias L. Bodnar
Assistant City Attorney
TLB/cw _
Ci7�r 'lay - ,
Ric,&661~g
?,J''V
TmomAs L. BODNAR CFTF.RYL A. GREENE ANN-CAROL NAsu
ANDREA L.BEACI-IKOF= LAWRENCE].ME's"ETVER JEFFREY L.SANFORD JOHN E.BRODEN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, TO TRANSFER A PORTION OF VOORDE PARK TO HOOSIER TANK
AND MANUFACTURING, INC.
STATEMENT OF PURPOSE AND INTENT
The City of South Bend desires to preserve adequate park land for its citizens, but also
wishes to encourage economic development. To accomplish both purposes, the City relieves it
would be beneficial to transfer the western portion of Voorde Park to Hoosier Tank and
Manufacturing, Inc. The acquisition of a larger parcel of property on the east side of Voorde
Park will allow the City to transfer this property and yet maintain a Iarger Voorde Park than
previously existed.
In order to accomplish this, the Board of Park Commissioners of the City of South Bend
duly advertised and published on June 24, 2011 and July 1, 2011, in accordance with I.C. 5-3-1,
a Notice to Bidders for the property described as:
Key No. 18-2184-693820
Lot 1 Voorde Park Minor Addition
One bid was received, and it was from Hoosier Tank, Inc., in the amount of$60,300.00, which is
90% of the appraised value of the described property. The Park Board approved the sale. The
Common Council under I.C. 36-10-4-18 has the final authority to transfer park land.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND as follows:
Section L ' A portion of Voorde Park known as Lot 1 of Voorde Park Minor Addition
is transferred to Hoosier Tank and Manufacturing, Inc., for its own use.
Section 11. Pursuant to I.C. 36-10-4-I8 the proceeds from the sale of Lot 1 Voorde
Park Minor addition shall be credited to the Park Department and the proceeds shall be expended
for the improvement of the remaining park land or purchase of other land for park purposes.
Section III. The mayor of South Bend shall execute a deed effectuating transfer of the
subject realty from the City to Hoosier Tank and Manufacturing, Inc., upon receipt of sale
proceeds.
Section IV. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
Member, South Bend Common C ncil
Attest: G R ,4 m.0
opparb-miy for pubdaw. hearLID
City Clerk CouncJ action w this WM
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2 , at o'clock M.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office J
I st READING _Z"S- t u{ u 2 0 1
PUBLIC HEAR( O
rd READING J014N t►p�C?JR6i"`j I
NOT R ED ROVED CITY CLERK,SOUTH SEND,IN
PASSED
e� JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZE
DEPUTY DIRECTOR
APREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY SLOG. SOUTH BEND.INDIANA 46601 (S74) 235-9571
June 29, 2011
Derek D. Dieter, President
South Bend Common Council
Fourth Floor, County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Area Plan Commission Initiated Petition to Amend the Zoning and Subdivision
Ordinances to Reflect Recent Changes in State Statutes
Dear Mr. Dieter:
The attached ordinance is in response to changes in State Statutes that are effective as of
July 1, 2011.
Section I of the proposed ordinances amends the section of the zoning ordinance that
deals with powers of the Board of Zoning Appeals. The Board now has the right to put
conditions upon the approval of variances.
The remaining sections of the proposed ordinance will amend Article 14 of the zoning
ordinance which is commonly known as the subdivision control ordinance. The new State
Statutes changes the time frame for appealing subdivisions from 10 days to five days.
The new Statutes also allows the Plan Commission the right to grant waivers from some
of the requirements of the ordinance. The Commission previously granted variances.
Please place this item on the Council's Jul y2,.72011 agenda for First Reading. The Area
Plan Commission will schedule this ordinance for public hearing on July 19,2011.
If you have any questions, please feet free to contact me.
Filed In Cfork's Office
Sincerely,
W. JUL 2 0 2011
John W. By�
JOHN VOQgDE
CITY CLERK,SOUTH SEND,IN
SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA a ROSELAND
v^ww.stiosephcountyindiana.com/Areaplan
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAP'T'ER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 9 ADMINISTRATION, SECTION 21-09.03 BOARD OF ZONING APPEALS
AND ARTICLE 14, SUBDIVISIONS, SECTIONS 21-14.04 MINOR SUBDIVISIONS, 21-
14.05, MAJOR SUBDIVISIONS, 21-14.06, SUBDIVISION REPLATS,AND 21-14.09(b)
VARIANCES.
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. Changes in State Statutes (House
Enrolled Act 1311) that became effective on July I, 2011 necessitate amendments to the City's_
zoning and subdivision regulations.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana,
as follows:
Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9, Administration,
Section 21-09.03 Board of Zoning Appeals, is hereby amended by replacing sub-section (d) with
the following, new sub-section (d), as follows:
(d) Conditions.
The Board of Zoning Appeals, in connection with its making of a favorable
recommendation, unfavorable recommendation or no recommendation to the Common
Council regarding the approval of a special exception use, may recommend that the
Common Council impose certain reasonable conditions as a part of the Common Council's
approval of any special exception use.
Such conditions may include any reasonable site, development, operational standards,
performance standards, requirements, and restrictions (including duration of approval)
deemed necessary to ensure compliance with the Findings of Fact determinations.
The Board o Zonin A_pjzeals. in connection with its gpproving approving a variance from the
development standards such as height.-bulk or area of the zoning ordinance ma,y impose
reasonable conditions as part of the Board's a roval.
Section H. Chapter 21,Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21-14.04,Minor Subdivisions, is hereby amended as follows:
(c) Minor subdivision review, appeal and approval procedure
(5) Notice of Committee's action. Within ten{10)five 5 days after the Committee's
action on the subdivision, the Staff shall provide all interested parties with a copy of
the findings of fact and decision signed by the Secretary of the Committee, and notify
them in writing of their right to appeal the Committee's decision to the Commission.
Appeals shall be in writing. state the reason for the appeal and shall be filed within
five 5 da s of the date of the notice bv the Secret
(6) If no appeal has been filed:
(A) If the subdivision for which secondary approval has been requested, received
primary approval by the Committee, no appeal has been filed within teff(10) five
L55)days of the date of the notice of the Committee's action, and all modifications
or conditions placed upon the subdivision by the Committee, if any, have been
complied with or corrected, the Staff shall give secondary approval to the
subdivision and affix the Commission's seal and certificate of approval on the
original drawing and record the subdivision per section 21-14.04(c(10).
(B) If the subdivision for which secondary approval has been requested, received
primary approval by the Committee, no appeal has been filed within 0 five
days of the date of the notice of the Committee's action, and all modifications
or conditions placed upon the subdivision by the Committee, if any, have not been
complied with or corrected within two years, the Staff shall deny secondary
approval to the subdivision. The Staff shall provide written notice to the
subdivider signed by the Secretary of the Committee, which sets forth its reasons
for disapproval, and release the original drawing of the subdivision to the
registered land surveyor who prepared it.
(C) If the subdivision was denied primary approval by the Committee and no appeal
has been filed within ten(10} five 5 days of the notice of the Committee's action,
the Staff shall release the original drawing of the subdivision to the registered
land surveyor who prepared it.
(7) If an appeal has been filed. If an appeal has been filed within terr•{lO)five 5 days of
the date of the notice of the Committee's action, the Staff shall announce the date,
time and place of the meeting at which the Commission shall consider the
subdivision, and shall give due notice in writing to all interested parties at least ten
(10) days before the date set for the hearing. The Staff shall prepare a report with a
recommendation for Commission consideration.
Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21-14.05, Major Subdivisions, is hereby amended as follows:
(d) Major subdivision; primary review, appeal and approval procedure
(5) Notice of Committee's action. Within ten(n(10) five 5 days after the Committee's
acting on the subdivision, the Staff shall provide the subdivider with a copy of the
findings of fact and decision, signed by the Secretary of the Committee, and notify all
interested parties of the Committee's decision and their right to appeal the
Committee's decision to the Commission. Appeals shall be in writing, state the reason
for the appeal and shall be filed within five 5 days of the date of the Committee's
action on the subdivision.
(6) If no appeal has been filed:
(A) If the subdivision received primary approval by the Committee, and no appeal has
been filed within tea(10) five 5 days of the date of the netiee-of Committee's
action, the Staff shall affix the Commission's seal and certificate of approval on
the original drawing and one copy of the original drawing. The original drawing
shall then be released to the subdivider's registered land surveyor and the copy of
the original drawing shall be retained in the files of the Commission.
(B) If the subdivision was denied primary approval by the Committee and no appeal
has been filed within ten (10 five 5 days of the me Committee's action, the
Staff shall release the original drawing of the subdivision to the registered land
surveyor who prepared it.
(7) If an appeal has been filed If an appeal has been filed within ten-(J-0) five S days of
the date of the netiee of Committee's action,the Staff shall place the subdivision on
the agenda of the Commission's first available meeting, mail due notice in writing to
all interested parties at least ten (10)days before the date set for hearing and give
notice of the hearing by publication in accordance with IC 5-3-1. The Staff shall
prepare a report with a recommendation for Commission consideration.
Section IV, Chapter 21, Zoning, of the South Bend Municipal Code,Article 14, Subdivisions,
Section 21-14.06, Subdivision Replats, is hereby amended as follows:
(c) Subdivision replat; review, appeal and approval procedure
(5) Notice of Committee's action. Within ten(10)five 5 days after the Committee's
actacton on the subdivision replat, the Staff shall provide all interested parties with a
copy of the findings of fact and decision signed by the Secretary of the Committee,
and notify them in writing of their right to appeal the Committee's decision to the
Commission. Appeals shall be in writing, state the re_as n for the appeal and shall be
filed within five 5 days of the date of the notice bv the Secret
(6) If no appeal has been filed:
0
(A) If the subdivision replat for which secondary approval has been requested,
received primary approval by the Committee, no appeal has been filed within fen
(" five S days of the date of the notice of the committee's action, and all
modifications or conditions placed upon the subdivision replat by the Committee,
if any, have been complied with or corrected, the Staff shall give secondary
approval to the subdivision replat and affix the Commission's seal and certificate
of approval on the original drawing, and record the subdivision replat per section
21-14.06(c)(I 0).
(B) If the subdivision replat, for which secondary approval has been requested,
received primary approval by the Committee, no appeal has been filed within ten
(40) five 5 days of the date of the notice of the Ceommittee:r action, and all
modifications or conditions placed upon the subdivision replat by the Committee,
if any, have not been complied with or corrected, the Staff shall deny secondary
approval to the subdivision replat. The Staff shall provide written notice to the
subdivider signed by the Secretary of the Committee, which sets forth its reasons
for disapproval, and release the original drawing of the subdivision replat to the
registered land surveyor who prepared it.
(C) If the subdivision replat was denied primary approval by the Committee and no
appeal has been filed within ten(10) five 5 days of the notice of the Committee's
action, the Staff shall release the original drawing of the subdivision replat to the
registered land surveyor who prepared it.
(7) If an appeal has been filed. If an appeal has been filed within 0) five 5 days of
the date of the notice of the Committee's action, the Staff shall announce the date,
time, and place of the meeting at which the Commission shall consider the
subdivision, and shall give due notice in writing to all interested parties at least ten
(10) days before the date set for the hearing. The Staff shall prepare a report with a
recommendation for Commission consideration.
Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21-14.09, Administration, is hereby amended as follows:
(b) knees-Waivers
(1) When thesubdivk�-,r ean shew that e&these regulations, if stfiedy aAer-ed
ir-Ffiedifieation. The subdivider shall apply in Yqifing&i suph
M
Should the subdivider glearly demonstrate that because of peculiar nhysical
conditions m nt of his to and literal his
the li enforcement design considerations to enhance the
development of one or more of the reizulations of
this chapter is impracticable or will exact undue hardship, the Committee or
Commission may.perm.it.such waiver or waivers that may be reasonable and within
the general pmose and intent of the rules regulations and standards established b
this chapter.
Section VI. 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 Council '
Attest: Of thh MR to on
0PP%W1' f^r Pa lk Nadrq
City Clerk Col�ncil � .
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
�(��d 113 �:lp ®C
t JUL 2 0 2ii 11
I s► READING ���� � ; .
PUBLIC HEARING
3 rd READING I JOHN Vo(,,rn
NOT APPROVED
REFERRED _.._..
PASSED
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGL1pZZt
DEPUTY DIRECTOR
[AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CfTY BLDG. SOUTH BEND.INDIANA 46601 (574) 235-9571
July 20, 2011
The Honorable Council of the City of
South Bend
4th Floor,County-City Building
South Bend,IN 4660I
RE: An Ordinance of the Common Council of the City Of South Bend, Indiana, Amending
Chapter 21 of the South Bead Municipal Code, Article 9 Administration, Section 21-09,03
Board Of Zoning Appeals And Article 14, Subdivisions, Sections 21-14.04 Minor
Subdivisions,21-14.05, Major Subdivisions, 21-14.06, Subdivision Replats, And 21-
14.09(B) Variances, City of South Bend. - APC#2598-11
Dear Council Members:
I hereby Certify that the above referenced ordinance of was legally advertised on Thursday, July
7, 2011 and that the Area Plan Commission at its public hearing on Tuesday, July 19, 2011 took
the following action:
Upon a motion by John DcLee, being seconded by Robert Hawley and unanimously
carried, the proposed ordinance Initiatied by the Area Plan Commission, Amending
Chapter 21 of the South Bend Municipal Code, Article 9 Administration, Section 21-
09.03 Board Of Zoning Appeals And Article 14, Subdivisions, Sections 21-14.04
Minor Subdivisions, 21-14.05, Major Subdivisions, 21-14.06, Subdivision Replats,
And 21-14.09(B) Variances, City of South Bend is sent to the Common Council with
a favorable recommendation. These amendments are in response to House Enrolled
Bill 1311, which included numerous changes to the state planning and development
statutes.
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,
hnnWW. B Y omi
JWB:jsc
Attachment
SERVING:ST,JOSEPH COUNTY.SOUTH SEND.LAKEVILLE,NEW CARLISLE.NORTH LIBERTY,OSCEOLA&ROSELAND
www.stlasephcou ntyin diana.cam/Areap Ian
Staff Report
APC# 2598-11
Owner: APC Initiated
Location: Text Amendment
Jurisdiction: City of South Bend
Requested Action:
The requested action is a text change, amending Chapter 21 of the South Bend Municipal Code,
Article 9 Administration, Section 21-09.03 Board Of Zoning Appeals and Article 14,
Subdivisions, Sections 21-14.04 Minor Subdivisions, 21-14.05, Major Subdivisions, 21-14.06,
Subdivision Replats, and 21-14.09(B) Variances.
Additional information:
Section I of the proposed ordinance amends the section of the zoning ordinance pertaining to the
powers of the Board of Zoning Appeals. State statutes now give the Board the authority to place
conditions upon the approval of variances.
Sections II, III, and IV change the time frame for appealing subdivisions from 10 days to five
days. Section V authorizes the Plat Committee or the Plan Commission the right to grant waivers
from requirements of the subdivision ordinance.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
amendments of the City of South Bend Zoning Ordinance be forwarded to the City of South Bend
Common Council with a favorable recommendation.
Analysis:
These amendments are in response to House Enrolled Bill 1311, which included numerous
changes to the state planning and development statutes.
APC Initiated
#2598-11
Page 1 of 1
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIQZZI
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)235-9571
.Tune 29, 2011
Derek Dieter, President
City of South Bend Common Council
Fourth Floor, County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Area Plan Commission Initiated Petition to Amend the South Bend Zoning
Ordinance, Making Certain Corrections to the NonConformance Section, and
Adding a New Section Allowing for Accessory Residential Structures in Industrial
Zones
Dear Mr. Dieter:
Attached is a proposed ordinance that was initiated by the Area Plan Commission. The
purpose of this ordinance is to correct a number of scriveners errors in the recently
adopted Ordinance #10094-11, and to include the ability for residential structures that are
non-conforming in industrial districts, to add and/or expand accessory structures to the
same development standards as is allowed in residential districts.
Please place this item on the JulyZl-, 2011 Council agenda for First Reading. The Area
Plan Commission will hear this ordinance on July 19, 2011.
If you have any questions, please feel free to contact me.
Sincerely,
ohn W. Byo i
Filed in Clerk's ` . :,
P
JUL 2 &_V
SERVING.ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
www.sclosepheountyincliana.com/Areaplan
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 1 BASIC PROVISIONS, SECTION 21-01-03 NON-CONFORMING LOTS,
USES,BUILDINGS, STRUCTURES OR SIGNS; AND ARTICLE 4 INDUSTRIAL
DISTRIC'T'S, SECTION 21-04.11 GENERAL REGULATIONS FOR INDUSTRIAL
. DISTRICTS.
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. One of the intents of the zoning
ordinance is to protect legally established nonconforming single-family residences. Accessory
structures for these legally established nonconforming single-family homes are allowed in
Commercial/Mixed Use Districts but not the Industrial Districts. Further, recent changes in
Section 21-01-03 approved by Ordinance## 1 0094-11, caused citation conflicts in sub-sections (f),
(i), and (k). It is the purpose and intent of this Ordinance to allow accessory structures in industrial
districts, and correct scrivener's errors.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana,
as follows:
Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Section 21-01-03
Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended as follows:
(f) (2) should such legally established nonconforming building or structure, or legally established
nonconforming portion of a building or structure, be damaged or destroyed by any means
to the extent that restoration will exceed fifty(50) percent of the cost of construction of the
entire building or structure at the time the damage or destruction is reported, as determined
pursuant to Section 21-01.03 —Determination of Cost of Construction, below, said
building or structure shall not be reconstructed except in conformity with the provisions of
this Ordinance; and
(i) If any legally established nonconforming use is located within a legally established
nonconforming building or structure and such legally established nonconforming building
or structure is damaged or destroyed by any means to the extent that restoration will exceed
fifty(50) percent of the cost of construction of the entire building or structure at the time
the damage or destruction is reported, as determined pursuant to Section 21-01.03 —
Determination of Cost of Construction, below, the legally established nonconforming use
previously being conducted in such legally established nonconforming building or
structure shall be extinguished and no longer permitted.
{k) (2) (D) if a legally established nonconforming sign is damaged or destroyed by any means
to the extent that the repair or reconstruction of the sign exceeds fifty(50)percent
of the cost of construction of the entire sign, determined pursuant to Section 21-
01.03 -Determination of Cost of Construction, below, said legally
established nonconforming sign shalt not be reconstructed except in conformity
with the provisions of this Ordinance;
(k) (2) (E) if the cost of normal and routine repair and maintenance of a legally established
nonconforming sign exceeds fifty(50)percent of the cost of construction of the
entire sign, determined pursuant to Section 21-01.03, (k)0)-Determination of
Cost of Construction, below, said legally established nonconforming sign shall not
be repaired, maintained or reconstructed except in conformity with the provisions of
this Ordinance; and,
(k) (3) (A) The purpose of the regulations contained in this Section 21-01.03 6EWL31-
Amortization of Noncon ormin Q -Premise Si ns are intended to implement the
intent set forth above.
(k) (3) (D) iii. a. comply with the conditions listed in Section D-.,A-- 21-01-
03 (k) (3) (D) i., above;
(k) (3) (D) iii, b. comply with the conditions listed in Section 24-0+:3-, {e} 21-01
03 (k) (3) (D) ii., above, or,
(k) (3) (I) Maintenance of Legally Established Nonconforming Off-Premise Signs
Legally established nonconforming off-premise signs shall be subject to the
provisions of sub-Section 21-01.03 (j)U(2) above, regarding maintenance.
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Section 21-01-03
Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by deleting in its
entirety sub-section (g) Discontinuation of Legally Established Nonconforming Uses of Land, and
replacing it with a new subsection (g), as follows:
(g) Legally Established Nonconforming Uses of Land
Where legally established nonconforming uses of land exist on the effective date of this
Ordinance which would not be permitted by the provisions of this Ordinance, such uses
may be continued so long as they remain otherwise lawful provided that:
(1) such legally established nonconforming uses shall not be enlarged, expanded,
increased or extended to occupy a greater area of land than was occupied on the
effective date of this Ordinance;
(2) such legally established nonconforming uses shall not be moved in whole or in part
to any portion of the lot or parcel other than that occupied by such uses on the
effective date of this Ordinance;
(3) no additional building or structure shall be erected in connection with such legally
established nonconforming use of land; and„
(4) a legally established nonconforming use may be changed to a less intense use
permitted within the same district grouping pursuant to Section 21-01.02 b —
Order of Districts(i.e., from one use permitted in the various districts of
Section 21-03 Commercial/Mixed Use Districts to a less intense use listed within
the various districts of Section 21-03 Commercial /Mixed Use Districts; but not
from a use listed in one of the various districts of Section 21-03 Commercial/
Mixed Use Districts to a use listed in one of the various districts of Section 21-02
Residential Districts), provided all other regulations of this Section are complied
with.
Section Ill[. Chapter 21, Zoning, of the South Bend Municipal Code,Article 1, Section 21-01-03
Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by deleting in its
entirety sub-section (h) Discontinuation of Legally Established Nonconforming Uses of Land, and
replacing it with a new subsection (h), as follows:
(h) Discontinuation of Legally Established Nonconforming Uses of Land
(1) If any legally established nonconforming use of land, other than a single family
residence, is:
(A) abandoned for any period of time; or,
(B) discontinued or otherwise vacant for more than twelve(12) consecutive months
(except when a probate related court order or government action impedes access
to the premises),
then any subsequent use of such land shall conform to the provisions of this Ordinance.
(2) Any violation of this subsection shall result in enforcement proceedings under
Section 21-10 of this Ordinance.
Section IV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 4, Industrial Districts,
Section 21-04.11 General Regulations for Industrial Districts, is hereby amended by adding a new
sub-section(a) (3) (A), and re-lettering the existing sub-sections (a) (3) (A) through (G), as
follows:
(a) (3)
(A) Residential Uses—Accesso uses buildings or structures provided for My legally
established residential uses located in any Industrial district shall comply with the
provisions of Section 21-02.11 (3}(a),,, —Additional Development Standards for
Accessoa Uses Buildings or Structures in my Residential District.
6k)to Q
(B) to UC
(G)to Q
." too
(E)to UF
(F) to LG)
(G) to LH-)
Section V. This Ordinance shalt be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
0,
1,17-111AJ
Member of the Common Councif
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2011, at o'clock—.—M.
City Clerk
Approved and signed by me on the day of 2011, at
o'clock M.
Mayor of the City of South Bend, Indiana
Filed In lolf-ark�-.s ,uffflce
JUL D 2011J
I st PVADlfqd JUL 23 2011
PUBLIC HEARING
Gird READING
NOT APPROVED
IN
�wSST
r r r)
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
3520 N. BENDIX DRIVE .
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:
3520 N. BENDIX DRIVE
in order to permit
A TATTOO ESTABLISHMENT IN A "CB"DISTRICT
SECTION IL 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
LJUNI ,eZoll �.,. to,IN
,RESENTED
NOT APPRONO
k `
Petition for: Tattoo Establishment
Address for Stacie Davis
1517 Viking dr South Bend IN 46628
574 220-5601
Location of Property in Petition
3520 N Bendix. South Bend IN 46628
574 273 4830
Seeking a special exception to allow a Tattoo Establishment in a "CB"
District. Which will be used only to do Permanent Makeup in a Salon/Spa
Establishment performed be a Licensed esthetician and a Certified
Permanent Makeup Technician.
Seeking a variance from a required 500' feet from a religious use to 0'
The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare. It will be
not used as a tattoo parlor. The use will only be for permanent makeup ( such
as eyebrows, eyeliner, lip liner ) And will not be advertised as a "tattoo"'The
used is for people how have lost their eye brow and ect from medical and or
hereditary reasons.
The proposed use will not injure or adversely affect the use of the
adjacent area or property values therein. The used will help the property
values be attracting a higher end clientele to the area as the location is a high
end salon/spa establishment
The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein . It will not be used as
a tattoo parlor. Only to do permanent makeup and Bring in a higher end
clientele to the area.
The proposed use is compatible with the of the City of South Bend
Comprehensive Plan
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PARCELIGOODWILL
NAME-11 MAILINGCIT MA'LiNGS MAILINGZI
T
INDUSTRIES OF 025-1014-02430MICHIANA INC P 0 Box 3128 South Bend IN 1 46619
NOTRE DAME FEDERAL CREDIT
025-1014-024305 UNION 119033 Douglas Rd Notre Dame JIN 46556
025-1014-024304 GMS REALTY INC P.o.Box 4056 South Bend IN 46634
025-1014-024307 ALDI(INDIANA)LP 197 E Division Rd Valparaiso JIN 1 46383
025-1014-024003 CALVARY BAPTIST CHURCH 21941 Cleveland Rd South Bend JIN 46628
1025-1014-024004 ... IKANE PROPERTIES LLC 3545 N Bendix Dr South Bend IIN 1 46628
1ST SOURCE CORPORATION 112004
1025-1014-0244 PROB DEED LEGAL INCORRECT P 0 Box 1602 South Bend IN 46639
025-1024-068307 TDM DEVELOPMENT LLC 26.40 Golden Gate Pkwy Ste 102 Naples FL 34105
OCWI TWO LLC%WALGREEN
025-1024-0683 COATW.TAX DEPT STORE#9220 P 0 BOX 901 STR 9220 Deerfield IL 60015
JOHN W. BYORNI
*' EXECUTIVE DIRECTOR
LARRY.MAGLIOZZI
DEPUTY p1AECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY , IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574} 235=4571
June 28, 2011
Area Board of Zoning Appeals
125 S. Lafayette, Suite 100
South Bend, Indiana 46601
RE: Area Board of Zoning Appodls Meeting
Dear Board Members:
The folfoyumg commepts= re,.O,ng made concernln ;.sQrrmp of the items fio heard,at:fhe
� . .
Area Board of Zoning Appegfs meeting on nesdayi July b 20,11. The:absence of
comment on any particular item should not be construed to mean that the staff agrees with
the request.
Variances
A variance from any of the development standards of the Zoning Ordinance may only be
approved upon the Board of Zoning Appeals making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing, that:
(l) The approval will not be injurious to the public health, safety, morals and general welfare of
the community,
(2) The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner, and,
(3) The strict application of the terms of this Chapter would result in practical difficulties in the use
of the property.
1. The petition of David & Antoinette Panaude.
The staff recommends denial of variance#2 for the Type B landscaping along the south, west
and southeast property lines. The Type B Partial Screening landscaping'is intended to create a
partial visual and sound`bar6er on lots where the operations may adversely impact adjacent
properties. At the very least, we would like to seethe evergreen screening on the south side of
the new addition to protect the neighboring residential properties.
5. The petition of Doug�ias M. Dddd & Karen 8autilann-Dodd.
The staff recommends denial of the variance for a 6' privacy to be located within the required
25' front yard setback along Dunn Road. Per the New'Carlisle zoning ordinance, a side yard
on a corner lot shall be considered a front yard when regulating fence height and location.
Fences located within a required minimum f ront.yard are restricted to 3' to 4' in height
depending on the open space percentage of'the"1 'nae.
Allowing 66' privacy fence to be located only 3' from the property line and 13' feet from the
curb line would be out of character with the adjacent residential neighb orhood. the intent of
SERVING ST. JOSEPH COUNTY, SOUTH SEND, LAKEVILLE. NEW CARLISLE, NORTH L199RTY, OSCEOLA, dF ROSELAND
W WW.STJOSEPHCO UNTYINDiANA.COM
limiting.the height of fences in residential front yards is to establish an open andJnvitf6g
.neighborhood for both the nearby residents and general public. A 6' high fend'd at�this higKly
visible corner and entrance into the residential area would not aid in creating such an
environment. Also, there are no privacy fences in any of the front yards along Dunn Road to
the west.
The proposed fence would greatly reduce visibility along Dunn Road, Vehicles heading south
along Race Street and turning westerly onto Dunn Road would be difficult to see for any
vehicle backing out of the residential drives along the north side of Dunn Road especially for
the immediate residence to the west.
6. The petition of Chris & Teresa Rhoden.
The staff recommends denial of the proposed attached accessory structures ::e'er ord_i once,
an attached accessory structure shall be no larger than'the floor area of the dwelli g unit,
which in this case is 1,1 1 b sq. ft. The intent is that the combined residential-tiving,areas of a
structure still remain the dominant use within the total structure so that the residential
appeararice`'�of tFie' s'Fruct� e` is rnaintc�ihed " �" Ndt& ''dt'b"ho bthe`r° ttac e`d it detached
accessory structures of'`this `size present and/or msible ih the 'im'medic�te area.' 'Therefore,
restricting the size of these accessory structures in residential neighborhoods is appropriate.
7. The petition of Sarah Trainor.
The staff recommends denial of all the requested variances for reduced lot area, frontage,
and width for two proposed lots on property zoned A Agricultural District. Currently, one 2.5
acre parcel exists upon which a new home could be constructed. The previous home that
was located on the site was recently demolished.
The primary intent in establishing the agricultural district was the preservation and protection
of St, Joseph County's farming community. Preventing and possibly reducing singular
residential uses on lots less than 20 acres clearly supports this important County policy.
Although the petitioner may suggest that a 1.275 acre reduction in farmland is minimal, the
cumulative result of dozens of similar variance requests over several years would add up to
substantial acreage. The new lot proposed to be subdivided would,not be split off from
unusable, or currently unused, farm acreage. Allowing an additional iofi to be subdivided for
another house would therefore take agricultural land out of production and would not meet
the intent of the agricultural district to both preserve farmland and protect agricultural areas
from the encroachment of scattered urban-type uses.
4. The petition of Kevin & Margaret lynch.
The staff does not have any objection to the requested variance. However, if approved, the
approval should be subject to combining the ,remnant approximatee ] i.7 acre` south of
Karfoffef Creek, which wilt become landlocked, with the adjacent parcel to .the south via a
subdivision plat or recorded deed.
14. The petition of Hoosier Tank&Manufaofuong,ltinc.
The staff does not have any objection to the requested variances. However, it should be
noted that in addition to planting Type."A" open,landscaping along the eastern property line,
six white pines 6' in,height also proposed adjacent'to the truck parking area. These pines
should adequately buffer the parking area from Voorde Park to the east.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA, a ROSELAND
W W W.STIOSEPKCOI)NTYtNOIANA.COM
Sdecla1_9xcedti2n./j2tctai.Use
A specitrl use may only be granted upon makrnga written deterrn nation and ado
Jating appropriate
Findings of Fact, tiased upon the evidence presented at a public hearing, }hat;
III The proposed use will not be injurious.to the public health, safety,cornfoft community moral
standards, convenience or gbher`d/
welfare; t
{2J The proposed use will not injure or adversely affect the use of the`rrdjaceht urea or``ro e
volues ther'eirr. p. p
f31 The proposed-use.will be consistent with the character of the district in which it is locoted and
the land uses authanzed',therein;
14j The proposed use is compatible with the recommendations of the Comprehensive Plan.
IS. The petition of St. Joseph County.
The staff recommends the petition fora Special Use=be,sent to the St. Joseph County Council
with a favorable recommendation. ;
(1 J-The proposed use will not be injuriouso the prbljc health; safety, comfprt; community
moral standards, convenience or general welfare;
:
th§ 7e Q0. f n he P'1 ix oni th prop d by Hgn as
convalescent nursing, a,
rest home.pnd.hospit rl for over #QO Yeprs?and4or.all-intent.-and
purposes as been a good neighbor. The:.approximate 35 acre site is°large enough-to
accommodate all proposed building renovations and additions and site improvements
without compromising the intent of this standard.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
A majority of the proposed improvements will remain well away from the adjacent
property lines. The new parking and retention basin will be well landscaped and will
therefore have minimal impact on any adjacent property use or value. Adjacent uses
include Clay Township Park (recreational use) to the north, the St. Joseph River to the
west, lzaak Walton League (conservation and recreation) to the south, and single-
family residential to the east.
(3J The proposed use will be consistent with the character of the district in which it is
-
located and the-land_uses-author-ized-therein;--- -----
The existing facility and-proposed improvements will be consistent and compatible with
the character of the adjacent recreational and residential uses,
(4) The proposed use pis compatible with the recommendations of the Comprehensive
Plan.
The..Corn reh nsive.Plan for South ftnd and t. jose .h Count Indiana Aril 200
does not.have a specific recommendation for this parcel.
The staff recommends approval of the requested variances. The proposed �addifional
landscaping adjacent to several of the building additions and -,a .screening mound and
landscaping adjacent to the expanded parking.areas.Will",Meet the intent of the ordinance
and will adequately,buffer the property;
16.The petition of Jane Andresen.
The staff recommends the petition for a Special Use be sent to the St, Joseph County Council
with an unfavorable'recomMendation.
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, 6 ROSELAND
WWW STJOSEPHCOUNTYINOIANA.COM -
Although the petitioner is currently,proposing:that.
only 7 dogs be permitted upon the
property, the approval of this special use could potentially result in a full fledged kennel
operation for`ariy subsequent owner. `SuCh an'operation would tae inc
ornpa'fible En this
primarily residential area.
(2) The proposed use will not injure or adversely pf e 3t t o use f the q jpra ht sxrep r
:�?rop�rty value- thefel►2? ;,, . - - ._, ,; � : . .,. . I .:, r _,�
The proposed use as a kennel would negatively affect both the residentia.l_use.and
property values of the adjacent. especially since all the requiredsetbecks cannot
be met, The dogs have already caused an adverse effect within,the area since this
petition was submitted after a complaint was filed by a neighbor,
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein; f
A kennel use,,,on;only a 3.5 acre-,parcel°in o.re'sidential area is not donsist6nt with the
character of the area and the adjacent land uses.
(4) Theproposed use is-- Compatible with. the recorr,mendotions of the -Comprehensive
Plan. :it _
he9#Com "t� pnsive t?lin for; outhendid5t.: ,9ose hro > f , Tn`1�rnor f A `n1,r2002
doµes not�have trspeoiflc`-recomme`ri 61hion.for this parcel'. 4,
In conjunction with the unfavorable rocomm'endation for the proposed use, the staff is
recommending denial of the proposed variances.
if the Board desires to forward this to the Council with a favorable or no recommendation,
Staff recommends that the approval be subject to a commitment restricting the number of
dogs.
17. The petition of Stacie Davis.
The staff recommends the petition for a Special Use be sent to the City of South Bend
Common Council with a favorable recommendation.
(1) The proposed use will not be injurious to the public health, safety, comfort community
moral standards, convenience or general welfare;
The proposed use to apply permanent makeup is only one of the services available at
this salon and day spa. The use will be similar to any other salon or day spa operating in
the city.
(2) The;proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
Since the use will not be advertised or operate like a traditional tattoo parlor and is
located in primarily a commercial area, the use is not anticipated to negatively affect
the use or values of the adjacent area.
(3) The proposed use will be,consistent with the character of the district in which it is
located and the land uses authorized�therein;
The surrounding area is primarily commercial with the exception of the church to the
northwest, which is zoned CB Community Business District. Adjacent commercial land
uses include financial institutions, medical offices, grocery stores,,fast foot restaurants,
and other retail establishments. The proposed-use is consistent with these existing .j
adjacent uses, and the other permitted uses allowed within CB Community Business
District,
SERVING ST, JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
WW W.S T)OS EPH C 0 U NTY IND I ANA.C OM
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The future land use plan within City Plan November 2006 identifies this and adjacent
property as commercial.
In conjunction with the favorable recommendation for the Special Use, the staff recommends
approval of the requested variance.
Sincerely,
45 -
Derek Spier, AICP
Planner
SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, 8 ROSELAND
W W W.STJOSEPHCOUNTYINDIANA.COM
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Send, Indiana 46601
{574} 235-9554
FAX: (574) 235-5541
July 7, 2011
The Honorable Common Council
of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of Stacie Davis
ABZA 716111
Dear Council Members:
The above referenced petition of Stacie Davis was legally advertised on June 24, 2011. The
Area Board of Zoning Appeals gave it a public hearing on July 6, 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 Tattoo Establishment in "CB" Community
Business District, on property located at 3520 N. Bendix Drive, is sent to the Common
Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincere] ,
Charles C. Bulot, C.B.O.
Building Commissioner
CCB/cah
DAVIS
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS
FINDINGS_OF FAC F
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 BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED-AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating
from it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 6th Day of JULY,201 1.
YES NO
rxi MICHAEL URBANSKI
ABSENT RANDALL MATTHYS
L� JACK YOUNG
D GERALD PHIPPS
Q ROBERT HAWLEY
ABSENT JOE VELLEMAN
ABSET BRENDAN CRUMLISH
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG, SOUTH SEND.INDIANA 46601 (S74) 235-9571
July 20, 2011
The Honorable Council of the City of
South Bend
4th Floor, County-City Building ''
South Bend, IN 46601
RE:I A proposed ordinance of Lincoln Park Development, LLC, et al to zone from MF 1 Urban
Corridor Multifamily District and CB Community Business District to SF2 Single Family
and Two Family District, property located at 423, 425,429, 431 Cottage Grove Avenue,
and 426 Cushing Street, City of South Bend -APC#2595-11
Dear Council Members:
I hereby Certify that the above referenced ordinance of Lincoln Park Development, LLC, et al
was legally advertised on Thursday, July 7, 2011 and that the Area Plan Commission at its public
hearing on Tuesday, July 19, 2011 took the following action:
Upon a motion by Dan Brewer, being seconded by Robert Hawley and unanimously
carried, the proposed ordinance of Lincoln Park Development, LLC, et al to zone
from MF i Urban Corridor Multifamily District and CB Community Business District
to SF2 Single Family and Two Family District, property located at 423, 425, 429,
431 Cottage Grove Avenue, and 426 Cushing Street, City of South Bend is sent to
the Common Council with a favorable recommendation. The proposed use of these
lots as single-family residential is compatible with the adjacent zoning districts,
permitted uses, and existing single-family residences, and addresses the housing
objectives of City Plan,
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,
ohn W. Byom
JWB jsc
Attachment
CC: Lincoln Park Development, LLC, et al
SERVING.ST JOSEPH COUNTY,SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND
www.stiosepbcountyindlana.com/Ai-eaptan
Staff ROOM
APC# 2595-11
Owner: Lincoln Park Development, LLC, et al
Location: 423,425,429,431 Cottage Grove Avenue, and 426 Cushing Street
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from MF1 Urban Corridor Multifamily District and
CB Community Business District to SF2 Single Family and Two Family District to allow single
family residential.
Land Uses and Zoning:
On site: On site on the four Cottage Grove Avenue lots is an existing vacant duplex and
three vacant lots. The lot on Cushing Street is vacant.
North: To the north of the Cottage Grove Avenue lots is a vacant lot and the Colfax
Cultural Center zoned MY I Urban Corridor Multifamily District and MU Mixed
Use District, respectively. To the north of the Cushing Street lot is vacant land
zoned CB Community Business District.
East: To the east of the Cottage Grove Avenue lots is a parking:area for the Charles
Martin Youth Center and single Family homes zoned MU Mixed Use District and
MFl Urban Corridor Multifamily District and MU Mixed Use District,
respectively. To the east of the Cushing Street lot is a vacant lot and Louie's Tux
Shop, both zoned CB Community Business District.
South: To the south of the Cottage Grove Avenue lots are single family homes zoned
SF2 Single Family&Two Family District. To the south of the Cushing Street lot
is a vacant lot zoned CB Community Business District.
West: To the west of the Cottage Grove Avenue lots are single family homes zoned SF2
Single Family & Two Family District. To the west of the Cushing Street lot is a
parking area for the Charles Martin Youth Center and an abandoned home zoned
MU Mixed Use District and SF2 Single Family&Two Family 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 plain description:
No site plan is required when rezoning to the SF2 Single Family & Two Family District.
However, the petition indicates that new single family homes with three to four bedrooms are
proposed to be constructed through a partnership between the petitioner and the South Bend
Heritage Foundation. The existing duplex along Cottage Avenue will be razed. Those proposed
new homes will be leased to low-to-moderate income individuals with an option to purchase.
Zoning and land use history& trends:
Per the historical aerial maps, residential structures were located on each of the four lots on
Cottage Grove Avenue and on the lot on Cushing Avenue in 1966. By 1986, two of the four
structures along Cottage Grove were demolished, and another was demolished between 1993 and
2002. The structure on Cushing Avenue was razed between 1986 and 1993. Prior to 1996, the
Lincoln Park Development, LLC, et al
#2595-11
Pagel of 3
lots on Cottage Grove Avenue were zoned "B" Residential (Multifamily) / "a" Height & Area,
and the lot on Cushing Avenue was zoned "B"Residential(Multifamily)/"b" Height&Area.
Traffic and transportation considerations:
Both Cottage Grove Avenue and Cushing Street are two lane local streets.
Utilities:
The lots will be served with municipal sanitary sewer and water.
Additional information: (Agency comments)
The Department of Community& Economic Development is supportive of this rezoning request.
The Division of Engineering&Public Construction had no comment.
5 Criteria(per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
,Gte Plan Q&o South Bend Indiana ovember 2006
Objective H 4: Ensure well-designed,infill Dousing on vacant land in the city's
neighborhoods. Policy H 4.1: Support the efforts of community organizations in developing
infill housing.
This rezoning meets the stated objective and policy.
Land Use Plan:
The Future Land Use Map within City Plan recommends high density residential (more
than 12 du/acre) for the Cottage Grove Avenue lots and commercial use for the Cushing
Street lot. These recommendations were based on existing multi-family residential along
Cottage Grove Avenue, and the existing commercial use of the lots to the north of the
Cushing Street lot fronting Lincoln Way West.
Plan Implementation/Other Plans:
The Lincoln Way West Commercial Corridor Revitalization Action Plan (June 1999)
recommends commercial use for the lot along Cushing Avenue. In 1999, this lot served as
a parking area for the commercial use to the north, which has since been razed.
2. Current conditions and character:
The northern lot along Cottage Grove Avenue is occupied by a vacant duplex while the three lots
to the south are vacant. The lot along Cushing Avenue is also vacant.
3. Most desirable use:
The most desirable use of the lots is residential to further compliment the adjacent residential uses
and to meet the objectives of City Plan.
4. Conservation of property values:
The adjacent property values should be conserved, or could potentially be raised, as a result of
infill residential development on these vacant lots.
Lincoln Park Development, LLC, et al
#2595-11
Page 2 of 3
5. Responsible development and growth:
It is responsible, growth and development to allow single-family residential homes to be
constructed on iunderutiUed and vacant lots within a primarily single-family residential
neighborhood.
Recommeiidadon:
Based on information available„ prior to the public hearing, the staff recommends that this
rezoning petition be forwarded to `the City of South Bend Common Council with a,favorable
recommendation.
Analysis:
The proposed use of these lots as single-family residential is compatible w itii the adjacent zoning
districts, permitted uses, and existing single-family residences, and addresses the`•housing'
objectives of City Plan.
Lincoln Park Development, LLC, et al
#2595-11
Page 3 of 3
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY(S)LOCATED AT
429,423,431,425 Cottage Grove Avenue and 426 Cushing Street, COUNCiLMANIC DISTRICT 2
IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
The current zoning at 429,423,425,and 431 Cottage Grove Avenue is MF1-Urban Corridor Multiple
Family District. We request that the zoning be changed to SF2- Single Family Residential.The
purpose of this zoning change is to allow development of single family dwelling units.
The current zoning for 426 Cushing is CB-Community Business District. We request that the zoning
be changed to SF2-Single Family Residential.The purpose of this zoning change is to allow
development of single family dwelling units.
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:
18-1030-1327 429 Cottage Grove Ave: Lot 29 of Fuerbringer's 3rd Addition, according to the
recorded plat thereof, St. Joseph County, Indiana Records.
18-1030-1329 423 Cottage Grove Ave: Lot 27 of Fuerbringer's 3r°Addition, according to the
recorded plat thereof, St. Joseph County,Indiana Records.
18-1030-1328 425 Cottage Grove Ave: Lot 28 of Fuerbringer's 3rd Addition, according to the
recorded plat thereof, St. Joseph County, Indiana Records.
18-1030-1326 431 Cottage Grove Ave: Lot 30 of Fuerbringers 3rd Addition,according to the
recorded plat thereof, St. Joseph County, Indiana Records.
18-1028-1261 426 Cushing Street: The South % of Lot 3 Heintzman's Addition,according to
the recorded plat thereof, St. Joseph County, Indiana Records
be and the same is hereby established as SF2-Single Family and'Two Family District.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor,and legal publication.
� :�
Member of the Common Counbl
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
Filed i CII W0i
;I READING '�( 3-11 JUN 2 9 �Q
JSLIC HEARING
rd READING CITY C JOHN{►'OORD1E
X APPROWD LERK,SGUTN SEND,IN
FERRED,,
F
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.
1) The property sought to be rezoned is located at:
Address: 429 Cottage Grove Avenue
423 Cottage Grove Avenue
425 Cottage Grove Avenue
431 Cottage Grove Avenue
426 Cushing Street
2) Name and address of property owner(s)of the petition site:
Enclosed
3) Name and address of contingent purchaser(s), if applicable:
Lincoln Park Development,LLC
724 W. Washington Street
South Bend IN 46601
Properties: 423,425, and 431 Cottage.Grove
4) It is desired and requested that this property be rezoned
From: MFl- Urban Corridor Multi-family District& CB-Community Business District
To: SF2-Single Family and Two Family District
5) This rezoning is requested to allow the following use(s):
Single Family Residential
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 81/211
x 11"format.
Signature(s)of All Property owner(s)
or Attorney for all pMertv Owner s
PETITION PREPARED BY: CONTACT PERSON: (If different)
Angela Shelby, Neighborhood Development Associates,LLC
724 W Washington Street F I E
South Bend,IN 46601 EF11 r
(574)288-4369 � JUN 29 2011
ashelby.nda@comcast.net
f AREA PLAN COMMISSION
JUN 2 9:20 ETON NO 2-5-11 s-!VOOR
JOHN iN
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W, JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BWLDING, SOUTH BEND, INDEANA 46601 (574) 235-9571
June 29, 2011
Honorable Common Council of
The City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Dill # 35-11 - Amending the zoning ordinance for properties located at 429, 423, 431,
425 Cottage Grove Avenue and 426 Cushing Street
Dear Council Members:
The following changes have been made to the petition and ordinance for the above
referenced petition:
Petition:
1) In Item #5, the proposed use was changed to single family residential.
2) In the "Legal Descriptions of Properties to be Rezoned" attachment, the legal
description for parcel 18-1030-1326 was changed to Lot 30 of Fuerbringers 3rd Addition.
Ordinance:
1) Under Section 1, the legal description for parcel 18-1030-1326 was changed to Lot 30
of Fuerbringers 3rd Addition.
2) Under Section 1, the zoning classification was changed to SF2 Single Family and Two
Family District.
if you have any further questions, please contact me at 235-9571.
Sincerely,
e. - Ci ,
--'-Derek Spi r, AICP 1C Planner �E
EE�P�?,t�,,
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W_$T I O S E P M C O U N T Y I N D I A N A,O O M!A,e,p l,,
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH A ZONE MAP CHANGE OR PLANNED
UNIT DEVELOPMENT REQUIRED BY THE ST. JOSEPH COUNTY ZONING
ORDINANCE
In accordance with I.C. 36-7-4-615, the Owner of the real estate located in St. Joseph County,
Indiana which is described below, makes the following COMMITMENTS concerning the use
and development of the following described parcel of real estate:
LEGAL DESCRIPTION:
18-1030-1326 431 Cottage Grove Ave: Lot 28 Fuerbringers 3rd Addition, according to the
recorded plat thereof, St. Joseph County, Indiana Records.
STATEMENT OF COMMITMENTS:
1. The Housing Development Corporation of St. Joseph County, Inc. will demolish the duplex
located at 431 Cottage Grove Ave by December 31, 2011.
These COMMITMENTS shall run with the land, be binding on the Owner of the above-
described real estate, subsequent owners of the above-described real estate and other persons
acquiring an interest therein. These COMMITMENTS may be modified or terminated by a
decision of the Area Plan Commission of St. Joseph County made at a public hearing after
proper notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the approval of petition
# pursuant to the St. Joseph County Zoning Ordinance, and shall continue in effect
until: (i) the real estate is rezoned; or(ii)modified or terminated by the Area Plan Commission
of St. Joseph County.
These COMMITMENTS may be enforced jointly or severally by:
1. The Area Plan Commission of St. Joseph County;
2. St. Joseph County, Indiana;
3. Owners of all parcels of ground adjoining the real estate within three-hundred
(300) feet of the subject parcel and all owners of real estate within the area
included in the petition who were not petitioners for approval; and
i
JOHN W BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
q13APRLEA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.IEFFERSON BLVD. ROOM 1 140 COUNTY--CITY BLDG. SOUTH BEND.INDIANA 46601 (574) 235-9571
July 20, 2011
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, 1N 46601
RE: A proposed ordinance of Ramadan A. &Tamilyn Salameh and City of South Bend to zone
from CB Community Business District to MF'2 High-Density Multifamily District,property
located at 1007 N. Bendix Drive and part of 1025 N. Bendix Drive, City of South Bend-
APC#2596-11
Dear Council Members:
I hereby Certify that the above referenced ordinance of Ramadan A. & Tamilyn Salameh was
legally advertised on Thursday, July 7, 2011 and that the Area Plan Commission at its public
hearing on Tuesday, July 19, 2011 took the following action:
Upon a motion by John DeLee, being seconded by Barrett Berry and unanimously
carried, the proposed ordinance of Ramadan A. & Tamilyn Salameh and the City of
South Bend to zone from CB Community Business District to MF'2 High-Density
Multifamily District,property located at 1007 N. Bendix Drive and part of 1025 N.
Bendix Drive, City of South Bend is sent to the Common Council with a favorable
recommendation. A substantial community wide effort was put into the planning
process and development of City Plan, and more recently the LaSalle Square Area
Redevelopment Plan. The proposed rezoning is consistent with the
recommendations, goals, and objective of both of these plans.
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,
I hn W. Byo
JWB:jsc
Attachment
CC: Ramadan A. & Tamilyn Salameh
Sterling Development, LLC
Abonmarche Consultants
SERVING.ST.JOSEPH COUNTY.SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND
www.stjosephcountyindiana.com/Areaplart
taff Ren+„Lrt
APC# 2596-11
Owner: Ramadan A. &Tamilyn Salameh
Location: 1007 N. Bendix Drive and part of 1025 N. Bendix Drive.
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from CB Community Business District to MF2.High-
Density Multifamily District to allow multifamily dwellings(senior independent living facility).
Land Uses and Zoning:
On site: On site is a vacant commercial structure most recently occupied as a restaurant,
and an adjacent parking area partially used for the Urban Garden Market, a
temporary and seasonal farmers market, both zoned CB Community Business
District.
North: To the north is a vacant parking area used seasonally for the Urban Garden
Market, and vacant retail structure all zoned CR.Community Business District.
East: To the east is a credit union, a vacant bank, and a health services facility all
zoned LB Local Business District.
South: To the south is LaSalle Square, a multi-tenant retail center, zoned CB
Community Business District.
West: To the west is vacant land zoned MF2 High-Density Multifamily District and the
LaSalle Branch Library zoned CB Community Business District. The vacant
land was rezoned in 2008 (APC #2486-08) for multi-family dwellings (senior
independent living facility).
District uses and development standards:
The MF2 District is established to protect, promote and maintain the development of high density
multifamily dwellings and to provide for limited public and institutional uses that are compatible
with a multifamily residential neighborhood. The development standards are designed to promote
the establishment of multifamily dwelling projects with on-site amenities.
Site plan description:
The 2.58 site includes both the 0.91 acres to be rezoned with this petition and an adjacent area to
the west which was rezoned to the M92 Multifamily District in 2008 (AFC#2486-08). The site
plan shows a four story 72 unit senior living facility covering 0.56 acres, or 22%of the site. The
proposed parking areas, drives and sidewalks cover 0.65 acres, or 22% of the site; and the
developed recreational open space covers 0.13 acres, or 5%of the.site: The remaining 1.24 acres,
or 48%, is open space. A total of 144 parking spaces are required and 55 spaces are provided.
Variances for a reduction in the number of parking spaces; reduced front yard setbacks from the
existing and proposed public rights-of-way; a reduced side yard setback, and an increase in the
maximum allowable height and number of stories were approved by the Area Board of Zoning
Appeals on June 2011. Access to the site will be provided to the west and south via two
proposed public streets. All landscaping, lighting, and signage will be in accordance with the
zoning ordinance.
Zoning and land use history&trends:
The area to the southwest of Ardmore Trail and Bendix Drive was undeveloped until the mid
1970s when the LaSalle Square multi-tenant shopping center was constructed. The existing
structure within the area to be rezoned was built sometime after the construction of the center but
prior to 1986. Rezoning petitions were submitted in 2001 (APC #2089-01) to add a charitable
Ramadan A. & Tamilyn Salameh
#2596-11
Page 1 of 3
gaming facility to the center and in 2002 (APC #2131-02) to add a day care facility and banquet
hall to the center. Both of these petitions were withdrawn.
Traffic and transportation considerations:
Bendix Avenue is a four lane road and Ardmore Trail is a two lane road. Both have center turn
lanes. The nearest traffic counts taken in 2010 along Bendix Drive south of Ardmore Trail and
along Ardmore Trail east of Bendix Drive reveal an AADT of 6,343 and 2,531,respectively.
Utilities:
The site will be served by municipal sanitary sewer and water.
Additional information: (Agency comments)
The Department of Engineering&public Construction commented that the existing utilities in
the vacated Kentucky Street must be kept in service, resulting in their relocation.
The Department of Community and Economic Development commented that the proposed
rezoning is consistent with the LaSalle Square Area Redevelopment Plan, would have a positive
effect on the area's appearance, and would represent the next step in the revitalization of a wider
area.
5 Criteria(per IC 36-74-603):
1. Comprehensive Plan:
Policy Plan:
Ci Plan CL of South Bernd Indiana (No ember 2006
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.
Policy H 1 A: Encourage the development of a variety of housing types and care choices for
seniors and disable persons. LU 23: Ensure coordination of land uses among adjacent
area-specific plans.
This proposed rezoning meets all these objectives and policies.
Land Use Plan:
The Future Land Use Map within City Plan shows that the area included within this
rezoning petition and the adjacent LaSaIle Square shopping center as mixed use.
Plan Implementation/Other Plans:
The:La alle S care Area Redev o meat Plan S to her 008
The public participation process which occurred prior to the drafting of this plan revealed
that of all types of residential land uses, senior housing was the most preferred type of
housing. The public also identified sidewalks as the number one infrastructure need for the
area. These desires led to the following recommendation within the five year outlook plan.
Recommendation#3:Work with a senior housing developer to come into the Square. This
development seems ideally suited to be situated in the vacant parcel to the immediate east
of LaSalle Library,which will preserve the frontage on Bendix Drive to be used for retail
development. Bringing in a new development will quickly add residents, improving the
likelihood of new retail development,for the,area. Another strategic approach goal and
objective recommends to increase the interior and exterior connectivity through
reintroducing streets, sidewalks and trails within the site.
The propose rezoning meets all these stated recommendations,goals and objectives.
Ramadan A. & Tamilyn Salatneh
#2596-11
Page 2 of 3
2. Current conditions and character:
Currently, the property included within the petition includes a vacant restaurant and an open
parking:area to the north. The property to the west of the petition area, which is also included
'within the site plan, is an undeveloped vacant area.
3. Most desirable:lose:
The host desirable use of this property and 4h e,;adjacent property to the
!est is anixect use of
residenal d corniriercial;
4. Conservation of property values:
The adjacent property values shnttld be conserved} or could potentially :increase, with the
development of a senior living facility:
5. Responsible development and growth.,`
It is responsible development and growth to follow previously adopted ,city-wide and area
specific land use plans,-:77 e presence of additional residents.could act as a catalyst for fialher
commercial investmett and devclopment within'the LaSalle Square area.
Re'em mendation:
Based on information available prior to the,public hearing, the staff recommends that this petition
be sent to the City of South Bend COMM n°Council with a favorable recommendation.
Analysis:
A substantial community wide effort was put into the planning process and development of City
Plan, and more recently the LaSalle Square Area Redevelopment Plan. The proposed rezoning is
consistent with the recommendations, goals,and objective of both of these plans.
Ramadan A. & Tamilyn Salameh
#2596-11
Page 3 of 3
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
1007 NORTH BENDIX DRIVE AND PART OY 1025 NORTH BENDIX DRIVE, SOUTH BEND,
INDIANA 46628, COUNCILMANIC DISTRICT 2 IN THE CI'T'Y OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
The subject properties (1007 & Part of 1025 North Bendix Drive) are currently zoned "CB" Community
Business District and proposed to be rezoned to "MF2" High-Density Multifamily District for the
development of multifamily dwellings (Senior Independent Living Facility).
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;
A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST,
PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF ST. JOSEPH COUNTY PUBLIC LIBRARY
LASALLE BRANCH MINOR SUBDIVISION, RECORDED IN INSTRUMENT NUMBER 0739367
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 65 007'27"
EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF ARDMORE TRAIL, 308.53 FEET TO THE
NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 IN
SAID RECORDERS OFFICE; THENCE SOUTH 00'00'00" EAST ALONG THE WEST LINE OF
SAID PARCEL, 114.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 000'00"EAST
ALONG THE SOUTH LINE OF SAID PARCEL, 10.00 FEET; THENCE SOUTH 00100'00" EAST,
114.77 FEET; THENCE NORTH 90°00'00" EAST, 206.00 FEET TO THE WESTERLY RIGHT-OF-
WAY OF BENDIX DRIVE; THENCE SOUTH 00°00'00" EAST ALONG SAID RIGHT-OF-WAY,
173.94 FEET;THENCE NORTH 89'59'19"WEST, 108.03 FEET; THENCE SOUTH 779514111 WEST,
67.00 FEET; THENCE NORTH 89'59'19" WEST, 42.62 FEET; THENCE NORTH 00°00'00" EAST,
303.45 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.91 ACRES, MORE
OR LESS, AND SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS AND
RESTRICTIONS OF RECORD.
be and the same is hereby established as "MF2"High-Density Multifamily 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 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
.na.
Mayor of the City of South Bend,Indiana
FIW -n 'blur '°
JU14 -15t READING
z u I
p iSLIC HEARING
rJ READ3NIG j014N VOO
E;RP.ED
PASSED
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.
1) The property sought to be rezoned is located at:
1007 North Bendix Drive Part of 1025 North Bendix Drive
South Bend, IN 46628 South Bend, IN 46628
2) Name and address of property owner(s)of the petition site:
1007 North.Bendix Drive 1025 North Bendix Drive
Ramadan A. &Tamilyn Salameh City of South Bend
53244 County Kerry Drive 227 West Jefferson Blvd Ste 1200
Granger,IN 46530 South Bend, IN 46601
(574)235-9371
3) Name and address of contingent purchaser(s), if applicable:
Sterling Development, LLC
Attn: John VanMeeter, Director of Development
3900 Edison Lakes Parkway, Suite 201
Mishawaka, IN 46545
(574)247-3234
4) It is desired and requested that this property be rezoned
From "CB"Community Business District
To "MF2"High-Density Multifamily District
5) This rezoning is requested to allow the following use(s):
Multifamily Dwellings (Senior Independent Living Facility)
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 fist of names and addresses of all property owners and the
tax key numbers for all properties within 300 feet of the petition property; (e) addressed, stamped
envelopes for all property owners within 300 feet of the petition property (I) a location map, if
available,drawn to scale, which includes street names,printed in 8%s"x 11"format.
E ll
In
I Aik.gad
..C'^'^a✓�almr u
Signature(s)of all property owners,or Attorney for all property owners:
RAMADAN A.& TAMILYN SALAMEH
Printed: Tamilyn Salameh
Signed:
Title: Owner and Power of Attorney for
Ramadan A. Salameh
Address: 53244 County Kerry Drive
Gran Ur, IN 46530
Phone Number: 255 r7 - 3 3. O�2-7
CITY OF SOUTH BEND
Printed: Don 1 E. Inks
s
Signed:
Title: - eewiye Director of City of South Bend
Department of Community and Economic
Development_
Address: 227 West Jefferson Blvd. Ste 1200
South Bend IN 46601
Phone Number: (574)235-4371
PETITION PREPARED BY: CONTACT PERSON: (If different)
Bradley E. Mosness, PE
750 Lincoln Way East
South Bend, IN 46601
(574)232-8700
bmosness @abonmarche,com
Filed In C
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