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HomeMy WebLinkAbout10-24-11 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MONDAY, OCTOBER 24, 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. 64-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS OF 2011 AND APPROVING AUTHORIZING OTHER ACTIONS IN RESPECT THERETO $1, 500, 000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011 SOUTH BEND CAREER ACADEMY PROJECT 8 . BILLS, THIRD READING TIME; BILL NO. 64-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS OF 2011 AND APPROVING AUTHORIZING OTHER ACTIONS IN RESPECT THERETO $1, 500, 000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011 SOUTH BEND CAREER ACADEMY PROJECT 9. RESOLUTIONS BILL NO. 11-57 A RESOLUTION SUPPORTING THE INVESTMENT OF CAGIT, TIF, UDAG AND CEDIT MONIES IN THE CHASE TOWER IN DOWNTOWN SOUTH BEND 11-58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING PRELIMINARY. APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES $1, 500, 000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011, SOUTH BEND CAREER ACADEMY PROJECT 11-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE APPROPRIATION OF $179, 100 FOR THE CREATION OF THE MINORITY AND WOMEN BUSINESS DEVELOPMENT PROGRAM IN SOUTH BEND, INDIANA 11-61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS, FIRST READING BILL NO. 65-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $250, 000 FOR MAINTENANCE OF ALONZO WATSON PEDESTRIAN BRIDGE TRAVERSING CHAPIN AVENUE IN THE CITY OF SOUTH BEND IN 2011 66-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $60, 000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2011 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1 . BILL NO. 58-11- REZONING - 717 E. LASALLE ST. B. REPORT FROM AREA BOARD OF .ZONING APPEALS 1. BILL NO. 11-59 - SPECIAL EXCEPTION - 618, 622, 626, 636 LINCOLNWAY EAST, VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET, 611, 613, 701 SOUTH ST. , 514 & 518 RUSH ST. 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. ANDERSON PARTNERS -� 212 West 10th Street, Suite D440 Indianapolis, Indiana 46262 September 13, 2011 �� John Voorde, City Cleric Office of the Clerk South Bend, Indiana 227 West Jefferson Blvd., Suite 400 S South Bend, Indiana 46601 RE: $1,500,000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011 (SOUTH BEND CAREER ACADEMY.PROJECT) Dear Clerk, Attached please find the following documents related to the above referenced bond issue: I. Resolution of the Common Council of the City of South Bend, Indiana, for consideration and approval at the Council's October 10, 2011 meeting; and 2. Special Ordinance of the Common Council of the City of South Bend, Indiana, to be considered for first reading at the Council's October 10, 2011 meeting and for final approval at the Council's October 24, 2011 meeting. The South Bend Economic Development Commission has approved a preliminary and final resolution approving issuance of the Bonds. The South Bend Redevelopment Commission has approved a pledge of tax increment financing revenue to repayment of the Bonds as reflected in the Resolution and Ordinance. Please contact me if you,have any questions. Sincerely, Jonathan R. Andes ---------° Piled in elperk'-' r cc: Ken Fedder, Attorney for South Bend EDC d Larry Garatoni QCT Charles Goetz P-Not IN (r)317.822.9126/(F)317.489.3393 A www.andersonpartnersllc.com (AP.00005125.DOC) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS OF 2011 AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO $1,500,000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011 (SOUTH BEND CAREER ACADEMY PROJECT) STATEMENT OF PURPOSE AND INTENT The South Bend Economic Development Commission (the "Commission") has previously conducted a public hearing and adopted a resolution on September 19, 2011, which resolution has been transmitted to this Common Council, finding that the financing of certain economic development facilities of South Bend Career Academy, Inc. ("Borrower") complies with the purposes and provisions of Indiana Code 36-7-11.9 and Indiana Code 36-7-12, each as amended (collectively, the "Act"); and that such financing will be of benefit to the health and welfare of the City of South Bend, Indiana ("City") and its citizens. The South Bend Redevelopment Commission ("Redevelopment Commission") has adopted a resolution on September 12, 2011 (the "Pledge Resolution") approving of a pledge of Pledged Tax Increment (as defined in the Pledge Resolution) to be used to pay debt service on the City's Economic Development Revenue Bonds of 2011 (South Bend Career Academy Project) ("Bonds"), to offset payments required to be made by the Borrower, to be issued by the City pursuant to this Ordinance. The Bonds are being issued to finance the construction of economic development facilities consisting of a 106,000 square foot charter school located at 3801 Crescent Circle in the Blackthorn office park on South Bend's northwest side ("Project"). The Commission has heretofore approved and recommended the adoption of this form of ordinance by this Common Council, has considered the issue of adverse competitive effect and has approved the forms of and has transmitted for approval by the Common Council the Bond Purchase and Loan Agreement (including form of Note and Bonds) among the Issuer, the Borrower and the purchaser of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section L It is hereby found that: (i) the financing of the Project referred to in the Loan Agreement approved by the Commission and presented to this Common Council; (ii) the issuance and sale of the City's Economic Development Revenue Bonds of 2011 ("South Bend • . f' Career Academy Project) ("Bonds"); (iii) the loan of the proceeds of the Bonds to the Borrower for the acquisition, construction, installation and equipping of the Project; and (iv) the payment of the Bonds by the note payments of the Borrower under the Loan Agreement and Note, offset by the pledge of the Pledged Tax Increment, would be of benefit to the health and general welfare of the City. Section II. The economic development facilities will consist of the Project. Section III. At the public hearing held before the Commission, the Commission considered and determined that the Project would not have an adverse competitive effect on any similar facilities located in the City as required by IC 36-7-12-21. The Commission also considered whether the Project would be of benefit to the public health and welfare of the City and found that financing the Project would be of benefit to the public health and welfare of the City and the Common Council hereby confirms both findings. Section.IV. The substantially final forms of the Bond Purchase and Loan Agreement (including form of Note and Bonds), approved by the Commission are hereby approved (collectively, "Financing Agreements," referred to in IC 36-7-11.9 and -12), and the Financing Agreements shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the Clerk. In accordance with the provisions of IC 36-1-5- 4, two (2) copies of the Financing Agreements are on file in the office of the Clerk for public inspection. Section V. The City may issue its Bonds, maturing no later than December 31, 2015, in the aggregate principal amount not to exceed $1,500,000. The Bonds are to be issued for the purpose of procuring funds to pay the costs of acquisition, construction, installation and equipping of the Project, all as more particularly set out in the Bond Purchase and Loan Agreement, which Bonds will be payable from note payments made by the Borrower under the Bond Purchase and Loan Agreement and Note, offset by Pledged Tax Increment, or as otherwise provided in the above described Bond Purchase and Loan Agreement (including form of Note and Bonds.), and the payment of certain costs of issuance and the funding of a debt service reserve, if necessary. The Bonds shall be issued in fully registered form in $5,000 denominations and integral multiples thereof. Payments on the Bonds are payable in lawful money of the United States of America by cheep mailed or delivered to the registered owners or by wire transfer as provided in the Bond Purchase and Loan Agreement. The Bonds shall never constitute a general obligation of, an indebtedness of, or a charge against the general credit of the City as described in the Bond Purchase and Loan Agreement. Section VI. The Mayor and the Controller are authorized and directed to sell the Bonds to the purchaser thereof at a price not less than 97% of the principal amount thereof and shall accrue interest at a rate not to exceed 4%per annum. Section V11. The Mayor, Controller and Clerk are authorized and directed to execute, attest, affix or imprint by any means the City seal to the documents constituting the Financing Agreements approved herein on behalf of the City and any other document which may be necessary or desirable to consummate the transaction, including the Bonds authorized herein. -2 - a . l 9 The Mayor and the Controller are hereby expressly authorized to approve any modifications or additions to the documents constituting the Financing Agreements which take place after the date of this Ordinance with the review and advice of the Corporation Counsel; it being the express understanding of this Common Council that the terms of the Financing Agreements are in substantially final form as of the date of this Ordinance. The approval of said modifications or additions shall be conclusively evidenced by the execution and attestation thereof and the affixing of the seal thereto or the imprinting of the seal thereon; provided, however, that no such modification or addition shall change the maximum issued amount or maturity amount of, interest rate on or term of the Bonds as approved by the Common Council by this Ordinance without further consideration by the Common Council. The signatures of the Mayor, Controller and Clerk on the Bonds may be either manual or facsimile signatures. The Controller is authorized to arrange for delivery of such Bonds to the bond purchaser named in the Bond Purchase and Loan Agreement (including form of Note and Bonds). Payment for the Bonds will be made to the bond purchaser named in the Bond Purchase and Loan Agreement (including. form of Bonds. The Bonds shall be originally dated as of the issue date. Section VIII. The provisions of this Ordinance and the Bond Purchase and Loan Agreement (including form of Note and Bonds) securing the Bonds shall constitute a contract binding between the City and the holders of the Bonds, and after the issuance of the Bonds, this Ordinance shall not be repealed or amended in any respect which would adversely affect the rights of such holders so long as the Bonds or the interest thereon remains unpaid. Section IX. This Ordinance shall be in full force and effect from and after its passage and approval by the Mayor. Member, South Bend Commons ouncil Attest: /!� p {jIYS;y E' � :1{'kri Aid l i,lisy y% sf'�e£r..d loppri fdiif�+8"! i'wF 1° •.f.A .2•+�Xi i•! w'IN City Clerk counch auax.)on as Presented by me to the Mayor of the City of South Bend 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, City of South Bend READING WC HEAPING CBOT 5 ?011 I READING T APPRQVB3PDB016888568Y2 3 �- f^. OL 15 City of South Bed rid . a Common Council 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President October 19, 2011 Oliver J. Davis The South Bend Common Council Vice-President 4a'Floor County-City Building Timothy A. Rouse South Bend, Indiana 46601 � Chairperson, Committee i b Re: Substitute Bill No. 11-57 " of the Whole V`" �` .✓ Derek D. Dieter Dear Council Members: First District I ask each of you to join with me in sponsoring Substitute Bill No. 11-57, which I am Henry Davis, Jr. attaching for your consideration. Second District Thomas LaFountain This Bill has been revised to focus on developing a plan of action which would is aimed at Third District attracting and leveraging financial incentives for the potential rehabilitation of the building current known as Chase Tower, which is current in receivership. Ann Puzzello Fourth District This Bill would incorporate the goals and objectives of City Plum. It would promote rehabilitation plans which incorporate sustainable renovations to this building which must David Varner reflect comprehensive Iced-certified technologies. In this way, new businesses and jobs Fifth District would be attracted to locate at this downtown location. Oliver J. Davis Sixth District I believe that this must be a collaborative effort of representatives of the City Administration and the Redevelopment Commission working with Common Council M "Buddy" Kirsits representatives. Because time is of the essence, I have also incorporated a deadline of ?fit Large November 14a° for the proposed incentive package to be unveiled at to the Common Timothy A. Rouse Council under"Special Business". kt Large I look forward to discussing this with you further and to your support. Thank you. Caren L. White �t Large SW,' r�9 Henry Davis, Jr., Chairperson Community Relations Committee Attachment C1� •L L i.. . ,2•of 4 r'iL 4 Y`T eq t y .„r'nw.agev•nK.....,..., yy-.x.ie.+.-,w..r. .rn,r..anW A Substitute Bill No. I 1-57 Incentive Resolution for 211-213 West Washington Page 2 back to the Common Council at its November 14, 2011 Common Council meeting under "Special Business"witb their action plan setting forth their proposed incentive package. Section V. Upon the adoption of this Resolution and approval by the Mayor, the Office of the City Clerk is authorized to send a copy to the members of the Redevelopment Commission post haste, so that they may begin their deliberations with the Council and City Administration's representatives. Section Vl. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. D ek D. s7et Oliver Davis,6` District Henry Davis,Jr.,2a District Al"Buddy"Kirsits,At Large Thomas LaFountain,3 DDistrict Timothy A.Rouse,At Large Ann Puzzello,4` District Karen L.White,At Large Dr.David Varner,5` District Kathy Cekanski-Farrand,Council Att'y John Voorde,City Clerk Stephen J.Luecke,Mayor of South Bend Filed in CWW i W +i4i�*11'• CITY C-11FMI ;s°i r F � Y!' , st 1 Clth Street, Suitt D440� UwWiApdhi Inzliana 45262 September 13,2011 John Voorde,City Clerk Office of the Clerk South Bend, Indiana 227 West Jefferson Blvd., Suite 400 S South Bend, Iadiana 46601 RE: $1,500,000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011 (SOUTH BEND CAREER ACADEMY PROJECT) Dear Cleric, Attached please find the following documents related to the above referenced bond issue: 1. Resolution of the Common Council of the City of South Bend,Indiana, for consideration and approval at the Council's October 10, 2011 meeting; and 2. Special Ordinance of the Common Council of the City of South Bend, Indiana, to be considered for first reading at the Council's October 10, 2011 meeting and for final approval at the Council's October 24, 2011 meeting. The South Bend Economic Development Commission has approved a preliminary and final resolution approving issuance of the Bonds. The South Bend Redevelopment Commission has approved a pledge of tax increment financing revenue to repayment of the Bonds as reflected in the Resolution and Ordinance. Please contact me if you have any questions. Sincerely, • Jonathan R. Ande F110d In`C-Ne 8 cc: Ken Fodder, Attorney for South Bend EDC Laity Garatoni , r Charles Goetz CITY CL&>-r#7 F:"� �rl SEND,IN M317,822.9126/(F)317.489-3393 .N www.andersonpartnersllc.com (AP.00005125.DOq RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES $1,500,000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2011 (SOUTH BEND CAREER ACADEMY PROJECT) WHEREAS, the City of South Bend, Indiana (the "City") is authorized by I.C..36-7-11.9 and 12, as supplemented and amended (the "Act"), to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be used for the acquisition, construction, installation and equipping of said facilities, and said facilities to be either leased to another person or directly owned by another person; and WHEREAS, South Bend Career Academy, Inc., an Indiana not-for-profit corporation, or its assigns (the "Applicant") has requested of the South Bend Economic Development Commission (the "Commission") and the City issue and sell its economic development revenue bonds (the "Bonds") for the purpose of providing financing to the Applicant in an amount not to exceed $1,500,000 of certain economic development facilities consisting of the acquisition, construction, installation and equipping of a building and related facilities consisting of a 106,000 square foot charter school located at 3801 Crescent Circle in the Blackthorn office park on South Bend's northwest side (the "Project") and the City wishes to induce the Applicant to acquire, construct, install and equip the Project; and WHEREAS, the Project will be owned and operated by the Applicant and will be used as a charter school; and WHEREAS, the South Bend Redevelopment Commission ("Redevelopment Commission") has approved a pledge of Pledged Tax Increment (as defined in the Resolution adopted by the Redevelopment Commission on September 12, 2011) to be used to pay debt service on the Bonds to offset payments required to be made by the Applicant; and WHEREAS, it appears from the application submitted to the Commission that the creation and retention of opportunities for gainful employment, the creation of business opportunities and the providing of secondary education to be achieved by the Project in the City will serve a public purpose and will be of benefit to the health and general welfare of the City, and that the proposed financing complies with the provisions of the Act;and WHEREAS, the Applicant will, subsequent to the adoption of this Resolution and before sale of the Bonds, seek the approval of the Commission and request the Commission to issue its report regarding the Project as required by Section 23 of Chapter 12 of the Act; and WHEREAS, it appears that the Project will not have an adverse competitive effect on any similar facility already constructed or operating in the City; NOW THEREFORE, BE IT RESOLVED, by the Common Council (the "Common Council") of the City as follows, based upon the application received by the Commission and the evidence submitted and presentations made by the Applicant, its agents and counsel as required by the Act: SECTION I. The Common Council finds, determines, ratifies and confines that the creation and retention of opportunities for gainful employment, the creation of business opportunities and the providing of secondary education to be achieved by the Project in the City will be of benefit to the health and general welfare of the citizens of the City;and that it is in the public interest that this Common Council take such action as it lawfully may to encourage the creation or retention of opportunities for gainful employment and the creation of business opportunities in and near said City. SECTION 11. The Common Council further finds, determines, ratifies and confirms that the issuance and sale of the Bonds of the City under the Act in an amount not to exceed $1,500,000 for the Project and the loan of the proceeds of the Bonds to the Applicant will serve the public purposes referred to above, in accordance with the Act. SECTION III. In order to induce the Applicant to proceed with the Project, the Common Council hereby finds, determines, ratifies and confirms that: (i) It will take or cause to be taken such actions pursuant to the Act as may be reasonably required to implement the aforesaid financing, or as it may deem reasonably appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the City and the Applicant; and (ii) It will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be reasonably necessary and advisable for the authorization, issuance and sale of said Bonds, provided that all of the foregoing shall be mutually acceptable to the City and the Applicant. SECTION IV. All costs of the Project, including but not limited to, costs incurred for planning, engineering, interest paid during construction, underwriting expenses, attorney and bond counsel fees, and the acquisition, construction, installation and equipping of the Project, including reimbursement or repayment to the Applicant of moneys expended after the date which is sixty (60) days prior to the date of adoption by the Applicant's Board of Directors of its Reimbursement Resolution will be permitted to be included as part of the costs of the Project to be financed out of the loan of the proceeds from the sale of the Bonds to the extent permitted by -2- the Act and applicable regulations promulgated under the Internal Revenue Code of 1986, as amended. SECTION V. All action taken and approvals given by the City with regard to the Applicant are based upon the evidence submitted and representations made by the Applicant, its agents or counsel to the Commission and the City. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the City. SECTION VI. The City does not, by this or any other approval or finding, guarantee, warrant or even suggest that the Bonds, coupons or series thereof will be a reasonable investment for any person, firm or corporation. SECTION VII. The City shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the Bonds or to see that the contemplated improvements, if any, are constructed. The City is in no way responsible to the holders of any Bonds for any payment obligation created by the Bonds. SECTION VIII. The City does not warrant, guarantee or even suggest that interest to be paid to or income to be received by the holders of any Bond, coupon, or series thereof is exempt from taxation by any local, state or federal government. SECTION IX. The Bonds shall be special, limited obligations of the City payable solely from the funds provided therefor as described'in the indenture authorizing the Bonds, and shall not constitute an indebtedness of the Commission or the City or a loan of the credit thereof. SECTION X. This resolution does not constitute a binding obligation of the Commission or the City to issue the Bonds, but instead, is a commitment by the City to proceed with negotiations for the financing described herein with the Applicant and is subject to the adoption of a bond ordinance by the City in accordance with the provisions of the Act. SECTION XI. This resolution shall be in full force and effect upon adoption and compliance with I.C. 36-4-6 et seq. 4 Member of the Common Counci � 4 eq•A:� ---,.. cops adore on Vps WSW- lade t ILI;IJ C c -3- BDDB016888526v2 014� pty o i f South. Bend Common Council 1865 R 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 October 19, 2011 http://www.southbendin.gov Derek D. Dieter President Members of the South Bend Common Council Oliver J. Davis 4" Floor County-City Building Vice-President South Bend, Indiana 46601 Timothy A. Rouse Dear Council Members: Chairperson, Committee of the Whole We are introducing the attached resolution for your review and support. Derek D. Dieter First District On October 18, 2011, Project Future Chairman of the Board of Directors, Mr. Phillip A. Newbold published a statement describing the "Transition Plans" of Project Henry Davis, Jr. Future. Mr. Newbold clearly described a strategic paradigm shift "to focus more Second District resources on new business startups and to commercialize more of the technologies coming out of Notre Dame and Indiana University". A complete copy of Nr. Thomas LaFountain Newbold's statement is attached. Third District Ann Puzzello As you will recall, this Council unanimously passed Ordinance No. 10081-11 Fourth District revising Chapter 14.5, Article 1 of the South Bend Municipal Code. The ordinance became law on April 23, 2011. David Varner Fifth District As stated in the "Statement of Purpose and Intent" in Ordinance No. 10081-11: Oliver J. Davis "...it is aimed to maximize participation and opportunities in South Sixth District Bend by facilitating networking, outreach, communication,education, training, internal accountability and employment opportunities for, Al "Buddy" Kirsits qualified MBE and WBE. It is designed to be pro-active, fair and a At Large reasonable, and in the best interest of our city". Timothy A. Rouse We are also attaching a document entitled "A Proposal for the Creation of a Minority At Large and Women Business Development Program in South Bend, Indiana". The proposal Karen L. White outlines a Minority and Women Business Development Program (MWBDP) in At Large South Bend, Indiana that is separate from, but enhances Ordinance No. 1001-11. We seek your support and look forward to discussing this with you. �T s LY; .Pa Henry Davis, Jr. Oliver Davis, 2°a District Council Member 6th District Council Member Tf f to Timothy A. Rouse Karen L. White ES Council Member at Large Council Member at Large To: Project Future Board of Directors From: Philip A. Newbold, Chairman Re: Transition Plans Nearly 30 years ago, a small dedicated group of concerned community leaders gathered to better organize and dramatically improve the community's economic future. Project Future was launched and over the past three decades has been tirelessly working to attract and create jobs and improve the economic well being of the area. As technology and globalization have changed all our daily lives and our economy,we are faced with significant changes which require a more regional and more technology based future. Whereas Project Future has spent a great deal of its successful efforts on attracting new businesses to the community and helping existing businesses expand and grow, it now seems more strategic to focus more of our resources on new business startups and to commercialize more of the technologies coming out of Notre Dame and Indiana University. The biggest transition is to announce that Pat McMahon, our talented Executive Director, will be focusing the majority of his time in an expanded role that has evolved from the Michiaaa Technology Connection(MTC) evaluation and planning exercise. Pat will focus on several of the MTC's strategic recommendations,working to create stronger bridges between Notre Dame's expanding research centers and our communities. Pat will report directly to Bob Bernhard,Vice President of Research, as Notre Dame takes steps to enhance its capacity to support the transformation of new concepts and big ideas into new ventures and expanding businesses. Pat will also spent a portion of his time assisting in the transition of our traditional economic development activities into a combined regional/local structure. Pat played a strong role over the past two years with several regional development professionals to create a platform for a larger, multi-county marketing umbrella. His "second"job will be to assist in the evolution of strong local initiatives that will work closely with these regional partners. The Executive Committee of Project Future has been quietly working with the Chamber of Commerce of St. Joseph County to explore how to best position the county and the region for growth over the next decade. A small group of Project Future Board members will be working with the Chamber to develop a more coordinated and expanded role around business retention, attraction and growth for South Bend, Mishawaka and St. Joseph County, and how those activities complement regional efforts. More details will emerge over the next several weeks as we better define roles,responsibilities, funding needs, and leadership. Finally,there are two new organizations that are also active and critically important to our regional economic development future. Jump Start has recently developed a new Regional Economic Assistance Plan (REAP) and the Corporate Partnership for Economic Growth(CPEG) will help coordinate,focus and accelerate economic development across a seven county region of north central Indiana and southwest Michigan. What is clear is that we continue to need your longstanding leadership and financial support. Project Future has been the envy across the state of the private,public and nonprofit partnership that has enabled the area to be successful and work together. As we enter this new transition phase, we will continue to provide new details on our plans and leadership as they emerge. Thank you again for your unwavering support of Project Future and we look forward to a stronger and more vibrant economic future. —..m..-K..v_-• -wM- OCT -19 2011 CITY CLERK,SOUTH BnWD,W RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SUPPORTING THE APPROPRIATION OF$179,1411 FOR THE CREATION OF THE MINORITY AND WOMEN BUSINESS DEVELOPMENT PROGRAM IN SOUTH BEND INDIANA fostering new business start-ups and commercializing more of the technologies coming out of the University of Notre Dame and Indiana University South Bend is an enhanced focus of community leaders;and CW" the South Bend Common Council aims to maximize participation and opportunities in the City of South Bend by facilitating networking, outreach, communication, education,training, internal accountability and employment opportunities for all of the residents of South Bend,Indiana; and G the South Bend Common Council embraces programs designed to be pro-active, fair and a reasonable mechanism;and the South Bend Common Council believes such programs to be reasonable,and in the best interest of our City. t?�era, G>' lro aC+ yar �r die�aeie+e:ase�ytdse o�c�°.auexd, C�wdsa�a,as follows: Section I. The South Bend Common Council recognizes Sallie and Associates for the document entitled "A Proposal for the Creation of Minority and Women Business Development Program(MWBD)in South Bend,Indiana". Section 11. It is hereby found that financing the MWBD Program is in the economic interest of the City of South Bend,Indiana. Section III. The MWBD Program will enhance the growth and expansion of minority and women-owned business enterprises in South Bend, Indiana, and will enhance the quality of life of all city residents. Section IV. Upon the adoption of the resolution by the South Bend Common Council the potential source(s) of revenues to fund the program will be discussed by the Council and the City Administration; and the Director of Public Works and the City Controller will be consulted on vendor/supplier for the program. Section V. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. t Henry Davis, r�2'n` Dish— i c t Oliver Davis,6` District Timothy A.Rouse,At Large Karen L.White,At Large 4�7 00 , John Voorde,City Clerk Stephen J.Luecke,Mayor of South Bend Filed in C der"R's CC-i z .tf}Fiti�: �a:��: CITYCLCRI,S607H BEKD,tH ) 11 Proposal for Crcatl()n Of e and V".T -n. Dev-clopment �_��`, la In. South ic Fable of Contents Minority and Women Business Development Program Proposal Page Historical.Overview 3-5 Executive Summary 5 Statistics and Trends 6 Proposal 7-8 Management and Staffing 9 Budget 10 `fin the woke of our changing emxomy,moving fmm an MAstrial mankJ'aawing bare to a service emnemy,an increasing y Imge number of miwnfi'es wbo bares not been able to expand witb the economy hatx been kft bebiatd." Dr. Cbmares C,nypo,E vmamics Professor, Unimnity of Notre Dame 1990 2 Thal pmposd roves compjkd and created by Sallie and Associates—sallieaswciates @aol.cOm r • October 1987 the city of South Bend adopts Affirmative Action Ordinance#781.1-87 s November of 1987,under the direction of Chamber President Stephen Quieor,the Chamber of Commerce of St.Joseph County held a board retreat and included on the agenda was the topic of a county-wide minority business development initiative. A Task Force of nine Chamber board members was created to undertake a needs-based study and present their findings to Chamber leadership. The Task Force included Gene Bruce,Carl Ellison,Hollis Hughes,Debra Kelly-Walsh,John Phair,Rick Rice,Ben Tyler,Robert Watkins,and James Wyllie. e July 1988 a survey was created by the Task Force and mailed by the Chamber to a list of seventeen (17) minority owned businesses licensed in St.Joseph County. • F'ebtuoy 1989 a-report and five recommendations from the Task Force were presented at a Chamber board meeting The five recommendations included: 1. Entrepreneurial education,counseling and mentoring, 2. Access to affordable credit and capital; 3. Inclusion in government procurement opportunities; 4. Opportunities to bid on jobs and contracts as a primary contractor or subcontractor with major companies and organizations. 5. Access to skilled,motivated workers. * Match 1989 Chamber organizes meetings with South Bend Mayor,Joseph Ketnan and Mishawaka Mayor,Robert Beutter to discuss the benefits of a minority business development program and to garner their support • May 1989 the Chamber President sends a proposal, supported by both mayor's Kernan and Beutter,to the Small Business Administration (SBA) for management ind technical assistance. 9 December 1989 the SBA rejects the Chamber's proposal. a December 1989 the Chamber is granted Neighborhood Assistance Program(NAP)*credits in the amount of$20,000 to be used for the creation of a minority business development program. *The Ndghborhood Assistance Program(NAP)was created to provide 501(c)3 or 501(c)4 rot for-profit organizations with a tool to increase charitable contributions,expand their donor base and achieve a higher level of sett-sufficiency.Additionally,the program strives to provide an incentive for citizens to improve the standard of living and quality of life for those less fortunate in their community. e May 1994 a chattered agreement for the creation of a Minority Business Development Council(MBDC)is signed and charter members are appointed. 3 This proposal was compiled and created by Sallie.and Associates—sallieassociatcs(a�aoLcom o ` July 1990 a hall time staff person is hired by the Chamber to work with the Council to develop organizational structure,mission,goals,a three-year program of work,budget, marketing plan and fund raising strategies. • April 1992 the staff person is replaced with a minority business development consultant to restricture and complete development of the organization,raise funds,identify and increase minority business participation. • App 1992-May 2006 the organization identifies and assists over 3W minority business owners,provides free entrepreneurial education and counseling,assists with licensing, tax filing and state government certification. Women owned businesses are added to its mission; over$100,000 for operatwg fiords are raised annually;a part-tithe staff person is added in 1999 and a balanced budget is maintained. Funding is raised primarily through corporate and government sponsorships and trade show booth rentals (68 1/6),the annual Martin Luther King,Jr. Breakfast(12 0/6),ads and sales of minority business directories (5%) and nominal fees for writing business plans (15 1/6).The name is changed to Minority and Women Business Development Council(MWBDC)in 1997. • January 2000 after organizational restructuring and belt tightening at the Chamber,the Chamber discontinues all MWBDC financial support (;10,000 annually) and increases MWBDC office space rent by 10 percent(from$7,2M a year to$7,920)). Later that year, the MBDC charter and responsibilities are assumed by the Urban Enterprise Association (UEA) and the MWBDC office is moved and co Iocated with the Small Business Development , Center. The minority business consultant is hired by the UEA and continues to manage the MWBDC. a 2000-2006 funding for the MWBDC becomes increasingly difficult as the number of nonprofit organizations and charitable causes in the community grows. Long time sponsors reduce or reallocate dollars previously committed to minority and women business development in their charitable budgets. MWBDC expenses increase along with cost of living. The economy begins to lag and companies and organizations who have been supportive in previous years are themselves experiencing economic challenges and some are bought by larger organizations with locations and affinity interests outside of St.Joseph County(le.nationally owned banks and other financial institutions). The MWBDC part- time staff person position is eliminated in 2004 and the number of weekly counseling classes are reduced in an effort to operate within the budget: ® May 2006 MWBDC programs discontinue and its counseling services are assumed by the Small Business Development Center. The annual directory is discontinued and the Martin Luther King,Jr.Annual Breakfast is undertaken by the local Martin Luther King Foundation. a November 8,2010 at a South Bend Common Council meeting under the Privilege of the Floor,Mr.Joseph Tillman Shabazz voiced concerns regarding the lack of enforcement of SBMC Chapter 14.5 entitled"Affirmative Action Procedures". Council President,Derek Dieter assigned the topic to Council Member Tim.Rouse. 4 'This proposal was compiled aid created by Sallie and Assodates—saitieassociates@2olcom a December 8,2010 Bill#86-10 is filed with the Office of the City Clerk—sponsored by Council Mcmbers Tim Rouse,Derek Dieter,Karen White and Henry Davis,Jr. Can December 13,2010,Bill#86-10 received a first reading and was referred to the Community Economic Development Committee for review and recommendation and set for second and third readings on January 10,2011. a April 23,2011 Bill#86-10 was passed unanimously and became law as 10081-11. Excmdm South Bend's changing econorny,moving from an industrial manufacturing base to primarily a service economy,resulted in a growing number of socially and economically disadvantaged individuals who lacked the skills and training to move into service industry jobs being left behind. Many were forced to accept lower paying jobs to help augment the limited social services available to help them subsist.A frequent response to unemployment and dislocation of workers is for these individuals to attempt to start their own business. Black and Hispanic/Latino Americans are the primary constituents of this challenged group within South Bend. Many minorities simply desire the opportunity to participate in the free enterprise system,to develop their business ideas, to be their own bosses,and to attempt to succeed in a society that they perceive to be biased. Numerous obstacles have prevented more minority owned companies from being created and becoming successful. Although most minorities have gone into business to obtain financial security,they often lack the tools,capital and informational resources needed to meet their goals. Most are less prepared,with less capacity and are overall less competitive. They lack access to opportunity,access to technical assistance and access to capital. Today's competitive business environment demands suppliers have size,scale and reach. There are still very few minority firms in South Bend that have this combination of characteristics. Mist are categorized as rnicroenterprises. A microenterprise is a small business that will usually operate with fewer than 10 people and is started with a small amount of capital.Most a a aicroenterprises specialize in providing goods or services for their local areas.There are an estimated two million micro-entrepreneurs in the United States today,offering a variety of services and products from home-based day or elder care,auto repair,beauty and barber shops to specialty foods. In their June 2010 Bencltmarking South Bend report,Karl King and John Roos state that Entrepreneur.corn"2006 Hot Cities for Entrepreneurs"ranks South Bend among the lowest Indiana cities compared to all the Indiana Benchmark Metro's and all of the National Benchmark Metro's in all the categories. Those categories include: Overall Entrepreneurial Activity Rank, Young Company Rank,Rapid Growth Rank,annual rate of business startups,annual rate of business closings,business churn rate,and entrepreneurial value added to the community. While King and Roos did not include makings related to minority businesses in their report,additional 5 This proposal was compiled and created by Sallie and Associates—saMeassocitates@sol.wm Entmpieneur.com data and Black Enterprise magazine research data also show that South Bend ranks among the lowest in Indiana and nationally in the number of minority owned businesses and minority business start-ups as well. The King and Roos'Benchmarking South Bend document also reports that South Bend's prime working age population,weighted workforce education index and talent index are all less than the U.S. average."It is reasonable to surmise that labor force deficiencies are the disadvantage which causes the region's shift share to be negative",according to the report. Just like their white counterparts,many minority college graduates choose to leave the community to start a career or new business venture because they do not see opportunity in South Bend. A report titled"Minority participation in Indiana's Strategic Economic Development planning process"released by the U.S.Department of Commerce Minority Business Development Agency reflects similar problems throughout the state. The report states that through a sampling study of 2,500 Indiana businesses identifying themselves in census reports as either African American or Hispanic/Latino,an overwhelming majority(67 1/6) did not know of state agencies or state directives that provide assistance for minority owned businesses. It can be surmised that because of this lack .of knowledge,many business owners who could benefit from the assistance provided by minority business development programs are not as equipped as they might be to reach their goals and become successful. Statistics acrd Trends Minority Business Ownership: In 1990,nationally there were 1.2 million minority owned firms with gross receipts of just under$73 billion. This,was an increase of 67 percent in the number of firms and 127 percent in gross receipts over the year 1982. According to time 2010 Economic Census Survey of Business Owners,there were nationally 1.1 million minority owned firms with gross receipts of just over$69 billion. This shows a significant decline in both the number of businesses and their financial stability. Comparison to all U.S. Firms:Minority owned firms accounted for almost 9 percent of the total number of individual proprietorships,partnerships and subchapter S corporations in the U.S.and almost 4 percent of their gross receipts in 1990. In 2010 those numbers changed.to 7.7 percent of the total number of individual proprietorships,partnerships and subchapter S corporations and 2.8 percent of their gross receipts. Industry Characteristics: Minority owned firms,like all U.S. firms,are concentrated in the service industries. These industries account for 46 percent of the minority owned firms and 28 percent of their receipts compared to 43 percent of all U.S. ems and 21 percent of their receipts. Retail trade has the next largest share with 19 percent of the minority owned firms and 35 percent of their receipts. Retail trade accounts for 16 percent of all U.S. firms and 27 percent of their receipts.. Indiana Minority Firms: In 1990 there were 5,867 minority owned firms in Indiana,with the greatest number(3,014)in services and the next largest group (1,782)in retail trade. The remaining 1,071 were in manufacturing and other industries. St Joseph County Minority Firms: 1990 census data showed 278 St.Joseph County minority owned firms with business category concentrations mirroring those of the state. In 2010,business census 6 'Phis proposal was compiled and created by Sallie and Associates—saHieassoci tes@aoLcom data shows 63 fi=A primarily in the service industry with 499 employees. Many minority owned firms are not listed in government or business records due to a lack of formal licensing and registration. This is sometimes due to distrust or not having proper resident status. Census data released for 2000 and 2010 does not provide specific information or numbers concerning minority businesses. Implications:The relatively small and diminishing local minority and women owned business base severely limits many positive influences on our community,including economic development,local hiring,capital investment,neighborhood stabilization,less unemployment,broadening of the tax lease and seduction of poverty and its negative spin-off effects. Even though many are fledgling at best,local microenterprises exist because they are a proven way to earn extra income to supplement household incomes. Microenterprise helps immigrants and refugees have sustainable income in cases where they lack the necessary certifications,licenses,language shills,or networks to find professional jobs for which they,in their own countries,may be qualified. For many people with lower incomes,microenterprsse provides the opportunity for individuals to develop their talents and skills and use them to improve their financial wellbeing. Earlier this year the city began plans for a diversity development program which would in part promote equal opportunity,diversity and inclusion for minority and women business enterprises; assist,promote,monitor and enforce MBE/WBE programs;and to encourage participation of MBE/WBE enterprises in city contracts. This effort is quite significant and very much needed as a paeans to help address South Bend's slow economic recovery,joblessness,and the numerous challenges faced by minority and women owned business enterprises. The following proposal supports the city's diversity development efforts. Its focus and purpose is minority and women business development,but it is not intended to exclude other small businesses in St Joseph County. Any small business located within the county would be eligible to seek and receive assistance. This proposal outlines a Minority and Women Business Development Program (MWBDP)in South Bend,Indiana in support of Ordinance 10081-011 City of South Bend Diversity Development Program.The purpose of this program is to enhance the growth and expansion of minority and women owned business enterprises in South Bend,Indiana through the promotion and advocacy of equal opportunity,provision of education and information services,technical assistance,and start-up and expansion capital through small grant opportunities. The MWBDP will also serve as a resource for state and regional supplier diversity programs. Services as outlined in the city's Diversity Development Program under Ordinance 10081-011 would be provided by contract.Management,scope of work and services provided would be contracted by the City with a local entity experienced and knowledgeable about minority and women business development challenges and assistance programs. The contractor would be responsible for administering the programs, services and other activities. An annual operating budget would be 7 This proposal was compiled and created by Sallie and Associates—saMeassaciates@aol.com prepared collaboratively with the City Controller and the Contractor for approval by the Common Council. The city will act as budget admitmtrator.An Advisory Board as proposed by the city consisting of Common Council,Mayoral and County Council appointees would serve in an advisory and ambassadorial capacity.The board would also assist in the development and monitoring of an Minority Business Enterprise and Women Business Enterprise(MBE/WBE) utilization plan. A draft start-up budget for the first year is included in this proposal and proposes that the MWBDP office is accessible and centrally located near downtown South Bend The program's managers and advisors will recognize the importance of not duplicating existing services.The MWBDP will be designed to proactively provide important and valuable information and assistance that does not duplicate services already provided by others.Through collaboration and partnerships with area economic and business development programs and educational institutions,the MWBDP will serve as a clearing house that will provide helpful,comprehensive and stream lined information to existing and new minority and women business owners. As appropriate, business start-ups and fledgling business owners will.be referred to local,state and federal programs, agencies and organizations who can help these get started,grow and make tough decisions about their future. In addition,the MWBDP will actively recruit and assist in the creation of minority and women owned companies of size,scale and capacity who can become involved in area innovation initiatives;such as these at Ignition and Innovation Parks. In support of the City's Comprehensive City Plan defined in Bill 10081-11,the MWBDP will support and promote entrepreneurial efforts-linked to emerging markets,high technology,and research and development. This proposal augments the legislative intent of Bill 7811-87 and provides structure for 10081-11 by actively pursuing opportunities to strengthen MBE/WBE business development beyond,but inclusive of city contracts. The primary goal of the MWBDP will be to assist the city in fulfilling the intent of and reaching its diversity development goals and assist minority and women business entrepreneurs by: • Managing the city's Diversity Development Program o Serving as a minority and women business development information and referral source is Assisting MBEs/WBEs with business plan creation i Creating partnerships for strategic business consulting and mentoring services ek Making capital access referrals • Facilitating procurement matchinaking • Referting bonding and certification services assistance • Showcasing MBE/WBE services and products through an online minority business directory The MWBDP will partner with and support tl�e efforts of community,neighborhood,faith-based, and business organizations to stimulate and promote successful neighborhood-based businesses. All minority and women owned businesses in St.Joseph County will be encouraged to complete applications to become licensed,and trade aware of the benefits of becoming certified as a minority business entity. By receiving their business license,they will not only allow their business to be I counted and recognized as a legitimate business concern,they will also be recognized as valuable 8 This proposal was compiled and created.by Sallie.and Associates—sallicassociatesQa,aoLcom f assets to the city and state.Additionally,after receiving Minority Business Enterprise Certification, minority businesses who qualify will gain access to government contracts and special stnaU business grains such as those offered by the University of Notre Dame Gigot Center. A successful Minority Business Development Program will enable the city to take the lead in establishing Wtiatives that will encourage and enhance the community's existing and future minority and women owned businesses. The success of these businesses will provide numerous economic development benefits and reflect positively on our World Class city. Nianaxnent and S#affi This proposed Minority and Women Business Development]Program would operate under the auspices and monitoring of the City of South Bead. It would fulfill the mission and vision of the City of South Bend Diversity Development Program. A contract with an experienced business consultant would be implemented by the city and the consultant would be responsible for start-up,management and coordination of the program. The consultant would work with the city's Department of Economic and Community Development to create program goals,benchmarks and a work plan.Additional business experts and area college business students would provide business plan writing and technical assistance services. The Minority Business Development Program office would maintain regular business hours. Part time staff augmented by college student interns would provide information and referrals to appropriate business assistance programs and appointment scheduling. "Disadvantaged households bear dupmportrmate share of the moomk and racial cost of the inda stnd rertmd&nNg that it ocGft nq in South Beadand other rust-bell U.S. sties. Disadvantaged households are expected to ad ust to dandrutwhtation and uXeven eunnomrr exparuran even though they do not have the lahor market arnts and rawarres weasary to do so,and in the absence of adeqmWe targeted assistance hill often he unsuccersfui"Dr. Charter Crttypo,Eronomicr Professor, University of Notre Dome,quote from his paper oar Indusmal Aestrrre mnog and the [Porking Poor in a Midwest U.S.Factory T'atvn— Apw 1991 9 This proposal was compiled and created by Sallie and Associates—sallieassvciates@aol.com Revenue City Funding_a $149,000 Sponsorships: Corporate contributions -b 20,100 Grants—c 10,000 Total $179,100 Expenses Office space-d $ 14,800 Office equipment and furnishings-e $22,800 Operating supplies- f $ 3,500 Printing&postage-g $ 5,000 Consultants -h $ 80,000 Staff-part-time-i $ 30,000 Travel (mileage) -j $ 6,000 Conferences&Training-k $ 3,000 Communications package -1 $ 12,000 Marketng_m $ 2,000 Total $179,100 Notes: a---City of South Bend funding is requested to assist in the start-up and support of a Minority and Women Business Development Program. 'This funding may possibly be obtained through designating a portion of the AJ Wright Tax Abatement annual fee. The original intent of job creation could be achieved through redirecting funds to the Minority and Women Business Development Program. b-Corporate and organization sponsorships would be actively pursued and that will allow them the opportunity to express their support of this program. c—Grant applications will be submitted to appropriate local,state and fedcal grant programs. d-Highly visible office space for the MWBDP near downtown South Bend. e-Office equipment and furniture purchase or rental. f—Office operating supplies and materials. g—Printing of stationery and informational materials.Postage for program mailings, h--Consultant and contractor fees for overall program management,business plan writing,mentoting and new business recruitment. i- Part time staff will be hired to assist with research, the flow of pertinent information to businesses, referrals to collaborative agencies and scheduling. Part-tune staff will be augmented with student interns from area business school programs and will be paid an hourly stipend. j- Business related mileage and travel expenses. k-State-wide minority business development conferences and meeting fees,and participation in the Chamber of Commerce of St Joseph County's Business Expo. 1-0ffice telephone,internet service and web development rn—Marketing of program and services. 10 This proposal vvas compiled and created by Sallie and Associates—saliieusomtes@aoI.com E • r a n . u m om ,�kli,i(Y,r e Community & Economic Development �' • �a • JB S " 1 200 County-Cfty Building, 227 West Jefferson, South Bend, Indiana 46601-1 830 Phone 574/235-9371 Fox 574/235-9021 To: South Bend Common Council From: Matthew Sikora, Economic Development Planner Subject: Resolution Date: October 24, 2011 On September 13, 2011, the Redevelopment Commission approved Declaratory Resolution No. 2932, which began the process to amend the Development Plan of the South Bend Central Development Area, to allow for the acquisition of property located at 318 E. Colfax Avenue (the former Wharf Restaurant site). This proposal was further considered and approved (as Resolution No. 221-11) during the October 18, 2011 meeting of the Area Plan Commission. The site has been sitting vacant for approximately 10 years, and in the interest of spurring additional development along the east bank of the St. Joseph River — and to be more responsive and in a position to negotiate a potential purchase given the current owners' revived interest in selling — it will be necessary to add the property to the acquisition list. Staff has assessed this property and found its acquisition and proposed plan of reuse to be consistent with the goals and objectives of the East Bank Village Master Plan. Redevelopment Commission staff believe it would be of public utility and benefit to amend the Development Plan by adding this property to the acquisition list and allowing for its potential acquisition, and we request the South Bend Common Council's approval of this resolution. LRedin ;�,%0,. 9 ._... .,- What We Do Today Makes A Difference! RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on September 13, 2011, approved and adopted its Resolution No. 2932 (the "Declaratory Resolution"), Exhibit A, amending the acquisition list in the South Bend Central Development Area Development Plan (the "Plan") for the South Bend Central Development Area (the "Area") and amending the South Bend Central Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the addition of 318 East Colfax Avenue, South Bend, Indiana, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duty designated and acting official planning body for the City of South Bend, Indiana (the "City"), on October 18, 2011, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the PIan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act{the"Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full farce and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 24th day of October, 2011. COMMON COUNCIL OF T HE CITY OF SOUTH BEND,INDIANA By: � �� Member of the Common Council / Attest: �d' S�'.:.•�lv..3. t� t J'd' F '�3�.-✓ t b c.ut a y1 6.•.9..��a� on clerk Council X tjoil killa .�'. F110d ("n Tr NOT APPRO.VE0i CITY Exhibit A (Declaratory Resolution of the Redevelopment Commission) RESOLUTION NO.2932 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING AN INTEREST IN ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body of the City of South Bend Department of Redevelopment ("Department"), on May 10, 1 985, adopted Resolution No. 737 declaring the South Bend Central Development Area ("Area") in the City of South Bend, Indiana ("City") to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. 36-7-14 ("Act"); and WHEREAS, Resolution No. 737 and the South Bend Central Development Area Development Plan ("Development Plan") adopted by Resolution No. 737 on May 10, 1985, were confirmed by Resolution No. 739 adopted on June 14, 1985; and WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on August 9, 1985 and confiumed by Resolution No. 750, adopted on September 30, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted on February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 800, adopted on April 24, 1987, and confirmed by Resolution No. 803, adopted on.Tune 26, 1987; and WHEREAS, Resolution No. 737 was .further amended by Resolution No. 834, adopted on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said resolutions expanded the South Bend Central Development Area by adding Expansion Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 867, adopted on February 10, 1989, and confirmed by Resolution No. 874, adopted on March 24, 1989; and WHEREAS, Resolution No, 737 was further-amended by Resolution No. 881, adopted on July 28, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 893, adopted on October 27, 1989 and said Resolution No. 893 expanded the South Send Central Development Area by adding Expansion Area No. 2 and Expansion Area No. 3; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 921 adopted on March 23, 1990; and WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944 adopted on July 27, 1990;and WHEREAS, Resolution No. 737 was further amended by Resolution No. 974 adopted on January 25, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. I019 adopted on October 11, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1077 adopted on July 24, 1992; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 adopted on January 4, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1284 adopted on September 2, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1547 adopted on November 21, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. I559 adopted on December I9, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1562 adopted on February 24, 1998; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1723 adopted on December 17, 1999; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1737 adopted on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central Development Area by adding Expansion Area No. 4; WHEREAS, Resolution No. 737 was further amended by Resolution No. 1755 adopted on July 7, 2000: and - WHEREAS, Resolution No. 737 was further amended by Resolution No. 1783 adopted on August 4, 2000; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1843 adopted 2 on September 7, 2001; and WHEREAS, Resolution No. 737 was further amend_ ed by Resolution No. 1941 adopted on September 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1922 adopted on December 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1952 adopted on March 7, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1973 adopted on June 6, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2001 adopted on October 3, 2003, and said Resolution No. 2001 expanded the South Bend Central Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2014 adopted on November 17, 2003; and said Resolution No. 2014 expanded the South Bend Central Development Area by adding Expansion Area No. 6; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2015 adopted on December 19, 2003; and said Resolution No. 2015 contracted the South Bend Central Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2I05 adopted on November 5, 2004; and said Resolution No. 2105 expanded the South Bend Central Development Area by adding Expansion Area No. 7; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2145 adopted on March 4, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2185 adopted on October 7, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2192 adopted on December 2, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2328 adopted on May 18, 2007; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2374 adopted on July 7, 2004; and 3 t WHEREAS, Resolution No. 737 was further amended by Resolution No, 2385 adopted on November 2, 2007; and said Resolution No. 2385 expanded the South Bend Central Development Area by adding Expansion Area No. 8; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2425 adopted on January 18, 2008; and WHEREAS, Resolution No, 737 was further amended by Resolution No. 2441 adopted on March 28,2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No, 2467 adopted on July 18, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2595 adopted on August 21,2009; and WHEREAS, Resolution No. 737,was further amended by Resolution No. 2666 adopted on April 9, 2010; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2833 adopted on December 28, 2010; and WHEREAS, the Development Plan includes a list of interests in parcels of property to be acquired; and WHEREAS, it is necessary to modify the list of interests in parcels of property to be acquired by adding additional interests in parcels of property to the acquisition list; and WHEREAS,the Commission previously adopted the Development Playa and now desires to amend the Development Plan to provide for the acquisition of interests in the parcels of property set forth in Exhibit A; and WHEREAS, on June 5, 2009, the Commission authorized the Department to conduct surveys, appraisals and investigations and to thoroughly study the South Bend Central Development Area within the City; and WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the South Bend Central Development Area and the Development Plan; and WHEREAS, upon such surveys, appraisals, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of interests in the parcels identified in 4 Exhibit A; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City, NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT,AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional interests in parcels of property within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. - The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by; a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition of the interests in parcels of property being added to the acquisition list is $ 750,000.00, 5. The Commission hereby determines that the PIan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the South Bend Central Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features _ affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission, 7, The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. S. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common 5 i Council, as provided by Section 16 of the Act, for the approval of this Resolution and the PIan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act, 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. (Balance ofpage intentionally left blank) 6 ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on September I3, 2011, at 1305 County-City Building, 227 West Jefferson Boulevard, South Bend, 1N 46601, CITY OF,SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ignntu3" re Marcia I. Jones, President P.-mled Name and Tiire South Bend Redevelopment Commission ATTEST; -- Nanc ing, Secretary ante r ame arr i1 e South Bend Redevelopment Commission 7 EXHIBIT A AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ACQUISITION LIST AMENDMENT Interest in Address Common Name Parcel # Owner 18-5001-000201 318 East Colfax Former Wharf Ralph Jones Partners L.P. 18-5001-0.00202 Avenue Restaurant site Ralph Jones Partners 11 L.F. Filed ey .: e .M Fk 8 G i ¢ �94 0,11 JOHN CITY CLERK,SOUTH BEND,IN Exhibit B (Plan Commission Order) RESOLUTION NO. 221-11 RESOLUTION OF THE ST.JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the"City"); and WHEREAS, the South Bend Redevelopment Commission (the"Commission"), is the governing body of the South Bend Department of Redevelopment(the "Department"): and WHEREAS, on September 13, 2011, the Commission approved and adopted its Resolution No. 2932 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING AN INTEREST IN ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution"), attached hereto as Exhibit A; and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the South Bend Central Development Area Development Plan (the "Plan") for the South Bend Central Development Area (the "Area"), identifies one or more parcels located within the Area as parcels necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to the Declaratory Resolution) (the"Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS,pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area flan Commission,as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution,conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution,pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. S. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 18th day of October, 2011. ST. JOSEPH COUNTY AREA PLAN COMMISSION Preset ATTEST: atary -2- EXHIBIT A Declaratory Resolution South Bend Redevelopment Commission Resolution No.2432 Adopted September 13,2011 -3- RESOLUTION NO. 2932 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING AN INTEREST IN ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body of the City of South Bend Department of Redevelopment ("Department"), on May I0, 1985, adopted Resolution No. 737 declaring the South Bend Central Development Area ("Area") in the City of South Bend, Indiana ("City") to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, T.C. 36-7-14 ("Act"); and WHEREAS, Resolution No. 737 and the South Bend Central Development Area Development Plan ("Development flan") adopted by Resolution No. 737 on May 10, 1985, were confirmed by Resolution No. 739 adopted on June 14, 1985; and WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1 985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted on February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, I987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 800, adopted on April 24, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and . WHEREAS, Resolution No. 737 was further amended by Resolution No. 834, adopted on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said resolutions expanded the South Bend Central Development Area by adding Expansion Area No, 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 867, adopted on February 10, 1989, and confirmed by Resolution No, 874, adopted on March 24, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 881, adopted on July 28, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 893, adopted on October 27, 1989 and said Resolution No. 893 expanded the South Bend Central Development Area by adding Expansion Area No. 2 and Expansion Area No. 3; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 921 adopted on March 23, 1990; and WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944 adopted on July 27, 1990; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 974 adopted on January 25, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1019 adopted on October 11, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1077 adopted on July 24, 1992; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 adopted on January 4, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1284 adopted on September 2, I994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1547 adopted on November 21, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1559 adopted on December 19, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1562 adopted on February 24, 1998; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1723 adopted on December 17, 1999; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1737 adopted on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central Development Area by adding Expansion Area No. 4; WHEREAS, Resolution No. 737 was further amended by Resolution No. 1758 adopted on July 7, 2000: and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1783 adopted on August 4, 2000; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1843 adopted 2 on September 7, 2001; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1901 adopted on September 6,2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1922 adopted on December 6,2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1952 adopted on March 7, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1973 adopted on June 6, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2001 adopted on October 3, 2003; and said Resolution No. 2001 expanded the South Bend Central Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2014 adopted on November 17, 2003; and said Resolution No. 2014 expanded the South Bend Central Development Area by adding Expansion Area No. 6; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2015 adopted on December 19, 2003; and said Resolution No. 2015 contracted the South Bend Central Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2105 adopted on November 5, 2004; and said Resolution No, 2105 expanded the South Bend Central Development Area by adding Expansion Area No. 7; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2145 adopted on March 4, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2185 adopted on October 7, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2192 adopted on December 2, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2328 adopted on May 18,2007; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2374 adopted on July 7, 2004; and 3 WHEREAS, Resolution No. 737 was further amended by Resolution No. 2385 adopted on November 2, 2007, and said Resolution No. 2385 expanded the South Bend Central Development Area by adding Expansion Area No. 8; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2425 adopted on January 18, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2441 adopted on March 28, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2467 adopted on July 18, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2595 adopted on August 21, 2009; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2666 adopted on April 9, 2010; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2833 adopted on December 28, 2010; and WHEREAS, the Development Plan includes a list of interests in parcels of property to be acquired; and WHEREAS, it is necessary to modify the list of interests in parcels of property to be acquired by adding additional interests in parcels of property to the acquisition list; and WHEREAS,the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of interests in the parcels of property set forth in Exhibit A; and WHEREAS, on June 5, 2009, the Commission authorized the Department to conduct surveys, appraisals and investigations and to thoroughly study the South Bend Central Development Area within the City; and WHEREAS, pursuant to the Act, . the Department has conducted surveys and investigations and has thoroughly studied the South Bend Central Development Area and the Development Plan; and WHEREAS, upon such surveys, appraisals, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of interests in the parcels identified in 4 Exhibit A; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City, NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT,AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional interests in parcels of property within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by; a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition of the interests in parcels of property being added to the acquisition Iist is $ 750,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the South Bend Central Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, Ievees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. S. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common 5 Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein, 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. (Balance vfpage intentionally left blank) 6 ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on September 13, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bead, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ignalttre Marcia I. .Tones, President rinte . ante and rRe- South Bend Redevelopment Commission ATTEST: signature Nancy N, Kings Secretary P rrnt�"er7 Name and�?iiTe South Bend Redevelopment Commission 7 EXHIBIT A AMENDMENT TO THE SOU'T'H BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ACQUISITION LIST AMENDMENT Interest in Address Common Name Parcel# Owner 18-5001-000201 318 Fast Colfax Former Wharf Ralph Jones Partners L,P. 18-5001-0.00202 Avenue, Restaurant site Ralph Jones Partners II L.P. FileF Filed in cm 1865�� CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & .FINANCE GREGG D.ZIENTARA CONTROLLER October 19, 2011 ��-—O�--- �- Mr, Derek Dieter President, South Bend Common Council 4th Floor County-City Building South Bend, IN 46601 re: Ordinance of the Common Council Appropriating monies for Maintenance of Alonzo Watson Pedestrian Bridge traversing Chapin Avenue in the City of South Bend Dear President Dieter: City Administration, after further discussion with Council, community leaders and citizen groups, concerning the matter of disposition of the Alonzo Watson Pedestrian Bridge traversing Chapin Avenue, herewith submits this appropriation spending bill for consideration of the Common Council. The request for spending appropriation is $250,000, with funding provided by City Fund #404, County Option Income 'fax (GOUT). The appropriation includes Public Works Department of Engineering estimate of the cost of required maintenance expense necessary to return the structure to a safe and stable condition enabling use of the bridge by pedestrians traversing Chapin Avenue. Maintenance to be preformed can be identified as follows: Repair steel deck and end bearing $70,000 Restore walking surface $60,000 Paint removal and painting of bridge $80,000 Bridge coating on spiral approaches $10,000 Prep and paint hand rails and fence posts $20,OOfl Replace fence fabric $10,000 ` Total $250,000 City Administration submits this appropriation spending request for 15t reading at the October 24, 2011 Council Meeting, 2nd read, public hearing, 3rd read and Council vote at the November 14, 2011 Council Meeting. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 c Mayor Luecke and Public Works Director Gary Gilot will present this bill to council at the appropriate committee meeting and at the council session. Regardpi Gregg . ie tara cc: Stephen J. Luecke, Mayor of the City of South Bend John Voorde, Clerk of the City of South Bend Kathleen Cekanski-Farrand, Council Attorney Gary Gilot, Public Works Director of the City of South Bend OCT F110d In '9 CITY Ct��R.tc. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA APPROPRIATING$250,000 FOR MAINTENANCE OF ALONZO WATSON PEDESTRIAN BRIDGE TRAVERSING CHAPIN AVENUE IN THE CITY OF SOUTH BEND IN 2011 S'T'ATEMENT OF PURPOSE AND INTENT A project pertaining to maintenance of City infrastructure assets has been identified of interest and benefit to the City of South Bend.' This is the maintenance of the Alonzo Watson Pedestrian Bridge traversing Chapin Avenue in the City of South Bend. It is necessary to appropriate the funds to make this maintenance expenditure. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. The sum of$250,000.00 is hereby appropriated and set aside within COIT Fund #404 for purposes of maintenance of the Alonzo Watson Pedestrian Bridge. Section II. 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 Cou cil Attest: City Clerk an i Y5+9 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 �FFII�Od in READING OCT 'i 9 ZD i It c � BYL }rye iry ? ' PASSED o10TO �xsss CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION.& FINANCE GREGG D.ZIENTARA CONTROLLER October 19, 2011 �� 1 Mr. Derek Dieter President, South Bend Common Council 4t"Floor, County-City Building South Bend, IN 46601 Re: Ordinance of the Common Council Appropriating monies for illegal Dumping Clean-Up Dear President Dieter: City Administration has determined that an increased occurrence of illegal dumping activities has developed in the city whereas clean-up activity expenditure is beyond the 2011 budgetary scope of city operations responsible for the expenditures of illegal dumping clean-up activities. As such, City Administration requests the Common Council to appropriate additional funds to enable clean-up of certain illegal dumping within the city footprint. The City requests with this appropriation, the sum of$60,000 for the creation of an additional crew within the Solid Waste Department operation, to perform the clean-up activities. The monies appropriated will cover personnel costs for additional crew, equipment operation costs (fuel and repair), landfill tipping fees and other miscellaneous expense. This appropriation will providing funding to operate the additional crew through the end of 2011. The funds will be appropriated from the General Fund, Code Enforcement Department, and reimbursed to the Solid Waste Fund, whose employees will perform the clean-up activities. City Administration submits this appropriation spending request for 15� reading at the October 24, 2011 Council Meeting. In addition, City Administration requests that Council amend the rules for this appropriation request to enable 2"d read, public hearing, 3rd read and Council vote at the same October 24, 2011 Council Meeting. Mayor Luecke will present this bill to council at the appropriate committee ng nd at the council session. File �.._.... Regard �r Gregg i ntara OCT Gtr °ftt �tA cc: Stephen J. Luecke, Mayor of the City of South Bend C 1q John Voorde, Clerk of the City of South Bend ° --�. 'Ef v Kathleen Cekanski-Farrand, Council Attorney Gary Gilot, Director of Public Works of the City of South Bend Catherine Toppel, Director of Code Enforcement of the City of South Bend County-City Building 227 West Jefferson Boulevard South Bend.Indiana 46601-1 RIO ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $ 60,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PREFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2011 STATEMENT OF PURPOSE AND INTENT The City has determined that expenditure is required to perform clean-up of illegal dumping that has occurred in the City of South Bend. It is necessary to appropriate the funds to perform the clean-up of illegal dumping. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows; Section I. The sum of$60,000.04 is hereby appropriated and set aside within the Code Enforcement Department of the City General Fund#10 1 for the purpose of defraying the expense necessary to perform the clean-up of illegal dumping activities. Section 11. The clean-up activities will be preformed and expended by the City Department of Solid Waste Fund #610, with reimbursement of incurred expense from the Code Enforcement Department of the City General Fund #101. 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 Cotincil Attest: 0".,Sv C;�4 �' "r :?�'.. •Jt:• .. �_' `4Y :;�' Y r a.°'4 sa cm j , ,� w{, City Clerk ;i �i �` � , g FY . r.,,,� Presented by me to the Mayor of the City of South Bend, Indiana on th6 day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of at o'clock M. Mayor, City of South Bend, Indiana ' Filed in Cp -jq, I st READINd PURIC t-!EARI RC OCT 9 3 rd UADING f. NOT APPROVED C, QiHN '-`,--- REFERRED ciryc j �,; LEnk, Y .-x11" -, , 0 UTH 8 6!1.4 r PASSED JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR FAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH SEND,INDIANA 46601 (574)235-9571 October 19,2011 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of The City of South Bend Department of Public Works to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 717 East LaSalle Avenue, City of South Bend-APC#2606-11 Dear Council Members: I hereby Certify that the above referenced ordinance of The City of South Bend Department of Public Works was legally advertised on Thursday, October 6, 2011 and that the Area Plan Commission at its public hearing on Tuesday, October 18, 2011 took the following action: Upon a motion by John DeLee, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of The City of South Bend Department of Public Works to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 717 East LaSalle Avenue,City of South Bend is sent to the Common Council with a favorable recommendation. The redevelopment of this site to a zoning classification that matches the balance of the block will provide an opportunity for a compatible development to the high school. 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, l.U. C-John W. o B Y JWB.jsc Attachment CC: The City of South Bend Department of Public Works Danch, Harner&Associates SERVING.ST JOSEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stiosephcountyindiana.com/Are2Lplan Staff Repnt APC# 2606-11 Owner: The City of South Bend Department of Public Works Location: 717 East LaSalle Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow uses permitted under the SF2 Single Family and Two Family District classification. Land Uses and Zoning: On site: On site is the former Family Dollar store. North: To the north is the site of the new,<St. Joseph High School zoned SF2 Single Family and Two Family District, East: To the east is the site of the new St. Joseph High School zoned SF2 Single Family.and Two Family District South: To the south across LaSalle Street is a property management office and a vacant gift„shop both zoned MU Mimed Use District. West: To the west is the site of the new St. Joseph High School zoned SF2 Single Family and 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 plan description: No site plan is required for a rezoning to a residential district. Zoning and land use history do trends: The St. Joseph Regional Medical Center formally occupied the entire block bounded by LaSalle Avenue, Notre Dame Avenue, Cedar Street and-St. Louis Street. It was rezoned to SF2 Single Family and Two Family District in May of 2011. Traffic and transportation considerations: LaSalle Avenue is a two lane street. Additional information: A street and alley vacation has been submitted to the Board of Public Works for St. Peter Street and one north-south alley and one east-west alley adjacent to this site. The City of South Bend Department of Public Works #2606-11 Page 1 of 2 1 5 Criteria(per IC 36-7-4-603): A. Comprehensive Plan: Policy Plan: Qty-Plan South3end-Yndi' .Novo ber 2006 Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. Policy ED 1.2:Encourage reuse of abandoned and underutilized land and structures. This rezoning petition meets this economic development objective and policy. Land Use Plan: The future land use plan within City Plan identifies this site as mixed use. Plan Implementation/other Plans: o east ei rho d . 1 meat: o ember 003 Section V Sub=Area Strategies end Goals .D.St.Joseph Regional Medical Center Redevelopment Site. Redevelopment of this site was in response to the 2002 announcement that the hospital would be relocating.Although a specific use is not recommended within this plan, it states that any use should+comply with the goals and objectives of the plan. 2. Current conditions and character: The former Family Dollar store is currently vacant. The surrounding land is under construction for St.Joseph High School. 3. Most desirable use: The most desirable use of the property would be a use that would be compatible with the adjacent development. 4. Conservation of property valises: The surrounding property values should not be affected by the approval of rezoning since the proposed use is not a higher intensity use than its prior use as a retail store. Furthermore, the redevelopment of this prior Brownfield site is a positive investment within the neighborhood and may act as a further catalyst for additional investment. 5. Responsible development and growth: It is responsible growth and development to allow for the redevelopment of a vacant property. Recommendation: Based on information available prior to the public hearing the staff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: The redevelopment of this site to a zoning classification that matches the balance of the block will provide an opportunity for a compatible development to the high school. The City of South Bend Department of Public Works #2606-11 Page 2 of 2 IE-L I 17771r,".. .. ....... ....... .. . . ....... . Cellar SF MU mu E Mu Mu mu L 'i Madison Madison . mu mu I u - u .� 0 ci LaSaife IHL / ? t . 'mu . AAA M n'ing from: 11mull ME.X ezED USE DIST.RIC`T to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT ZONING CLASSIFICATION N SOUTH BEND"SF2" SINGLE FAMILY ANDTWO FAMILY DISTRICT SOUTH BEND"M F1" URBAN CORRIDOR MULTIFAMILY DISTRICT .; S SOUTH BEND'"08" OFFICE BUFFER DISTRICT I inch - 200 feet SOUTH BEND"M U" MIXED USE DISTRICT SOUTH BEND"O" OFFICE DISTRICT AP"��° 2606-11 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED MU MIXED USE DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT TO ALLOW FOR PERMITTED USES UNDER SAID ZONING CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495.04, IS AMENDED, 'WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: THE EAST 130 FEET OF LOTS # 213, 214 AND 215 AND THE 14 FT. WIDE VACATED PUBLIC ALLEY ADJACENT TO AND NORTH OF SAID PORTION OF LOT # 213 ALL AS SHOWN ON THE PLAT OF "SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND" AS RECORDED IN PLAT BOOK # I ON PAGE # 49 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0. 63 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHEDD AS SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL 2 ATTEST: CITY 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 in offic Ck 6 -- 7 2011 I st READIN PUBLIC HEAP114G vi{onlE 3 rd READING C50s.Ss t 13, 1[ NOT APPROWD REFERRED DASSF0 DATE FILED APPLICATION NO. DATE RECEIVED BY 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: 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: CITY OF SOUTH BEND, THROUGH ITS BOARD OF PUBLIC WORKS 13Tn FLOOR COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46501 PH. NO. 574-235-9253 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: N/A 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: MU MIXED USE DISTRICT TO: SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . USES PERMITTED UNDER SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT CLASSIFICATION. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS (IF REQUIRED) : (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY' NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 Jyf x 1I" FORMAT. SIGNED, 4 FOR PETITIO ER PETITIONED PREPARED BY: DANCH, HARNER & ASSOCIATES F:CLER1K(rjSG-UTH ler (' 4 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234-4003 ° 7 2011 i 1 C1ihit7 C SEND,Its RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST.JOSEPH COUNTY,INDIANA, FOR THE PROPERTIES LOCATED AT (618,622,626,636 LINCOLNWAY EAST,VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611,613,701 SOUTH STREET AND 514 AND 518,RUSH STREET,SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5,of its intention to consider Petitions from the Area Board of Zoning Appeals of St.Joseph County, Indiana for approval or disapproval;and WHEREAS,the Common Council must take action within sixty(60)days after the Area Board of Zoning Appeals of . St.Joseph County,Indiana, makes its recommendation to the Council pursuant to I.C.36-7-4-918.6;and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4,and WHEREAS,the Area Board of Zoning Appeals of St. Joseph County,Indiana, 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 Area Board of Zoning Appeals of St.Joseph County, Indiana,pursuant to Indiana Code Section 5-14-1.5-5,requesting that Special Exceptions be granted for the properties located at: (618,622,626,636 LINCOLNWAY EAST,VACANT LAND ADJACENT TO AND EAST OF 701 SOU'T'H STREET AND 611,613,701 SOUTH STREET AND 514 AND 518,RUSH STREET, SOUTH BEND,INDIANA) in order to permit. The Approval of Special Exceptions to be allowed to have the option to use the properties located at 618, 622, 626, 636 Lincolnway East, vacant land adjacent to and East of 701 South Street and 611, 613, 701 South Street and 514 and 518 hush Street all in South Bend, Indiana for Single-fancily residential dwellings per Section 21- 02.03(a)(2)(F)of the City of South Bend Zoning Ordinance and Approval of Special Exceptions to be allowed to use a portion of the properties located at 618, 622 Lincolnway East, 611 South Street and 514 and 518 Rush Street all in South Bend, Indiana for an Accessory Parking Lot per Section 21-02.03 (a) (2)(D) of the City of South Bend Zoning Ordinance. z SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the Area Board of Zoning Appeals of St.Joseph County, Indiana, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that., I. The proposed uses will not be injurious to the public health,safety,comfort,community moral standards,convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan;all of which is requested by the South Bend Municipal Code§21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Counci & 1. Nfice PRESENTED L-'ISEP zo1 AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED , 20 NOTIFIED , 20 HEARING , 20 APPEAL Applicant's Name: SOUTH BEND REDEVELOPMENT AUTHORITY Phone 574-235-9371 Address: 1200 COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD. , SOUTH BEND INDIANA 446601 Address of Properties: 618 622, 626, 636 LINCOLNWAY EAST, VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611, 613, 701 SOUTH STREET AND 514 AND 518, RUSH STREET , SOUTH BEND, INDIANA 46601 Present Zoning of Properties: "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT Owner's Name: SOUTH BEND REDEVELOPMENT AUTHORITY Phone 574-235-9371 Address: 1200 COUNTY-CITY BUILDING, 227 WEST JEFFERSON BLVD. , SOUTH BEND, INDIANA 46601 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234--4003 Address: 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 TO THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 618, 622, 626, 636 LINCOLNWAY EAST, VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611 613, 701 SOUTH STREET AND 514 AND 518, RUSH STREET , SOUTH BEND, INDIANA 46601 NATURE OF APPEAL: SPECIAL EXCEPTION AND VARIANCE REQUESTS: A PARCEL "A' (618 Lincolnvay East) SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 618 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. 2 B) . Approval of a Special Exception to be allowed to use a portion property at 618 Lincolnway East, South Bend, Indiana per Section 21-- 02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 45 feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 45 feet more or less. 3) . A Variance to be allowed to have a sidewalk and paved driveway in the 6 ft. Wide Side-yard Setback (along the South property line )as shown. 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to no on-site parking spaces, but being allowed to have a minimum of two (2) parking spaces on an adjacent Accessory parking Lot shown on Parcels "All, "B", "H", "I" and "J". 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,700 sq.ft. more or less. 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "A" to no additional perimeter landscaping. 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "A" to providing no additional landscape screening. PARCEL "B" (622 Lincolnway East) : SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception 'to be allowed to have the option to use property for a Single Family Dwelling for 622 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) .(2) (F) of the City of South Bend Zoning Ordinance. B) . Approval of a Special Exception to be allowed to use a portion property at 622 Lincolnway East, South Bend, Indiana per Section 21- 02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. 3 VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 47.77 feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 47. 77 feet more or less. 3) . A Variance to be allowed to have a sidewalk and paved driveway in the 6 ft. Wide Side-yard Setback (along the North and South property lines) as shown. 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to have a minimum of two (2) parking spaces on the portion of the Accessory parking Lot shown on Parcels "A" � I'I» and "J". B 5) . A Variance from providing the required Type "A„ Landscaping along the entire perimeter of said Parcel "B" to no additional perimeter landscaping. 6) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "B" to providing no additional landscape screening. PARCEL "C" (626 L.incolnway East) SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 626 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. VARIANCE REQUESTS: 1) . A Variance to be allowed to have a sidewalk in the 6 ft. Wide Side- yard Setback (along the South property line) as shown. 2) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to no on-site parking spaces, but being allowed to have a minimum of two (2) parking spaces on an adjacent Accessory parking Lot shown on Parcels "A", "B", "H" "I" and "J". 3) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,600 sq.ft. more or less. 4 4) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "C" to no additional perimeter landscaping. PARCEL "D" (636 Lincolnvaty East) SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 636 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. VARIANCE REQUEST: 1) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "D" to no additional perimeter landscaping. PARCEL "E" (700 Block of South Street) : SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for the vacant land adjacent to and East of 701 South Street, South Bend, Indiana per Section 21- 02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 40 feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 40 feet more or less. 3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks to a minimum of a 5 ft. Wide Side-yard setbacks along the East and West property lines as shown and be allowed to have sidewalks or drives in said Side-yard setbacks. 4) . A Variance from providing on-site parking for a Two Family dwelling -(i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) to no on-site parking spaces. 5 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 2,500 sq.ft. more or less. 6) . A Variance from the required minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 20 feet as shown. 7) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "E" to no additional perimeter landscaping, PARCEL "F" (701 South Street) : SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for the 701 South Street, South Bend, Indiana per Section 21--02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 38.75 feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 38. 75 feet more or less. 3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft. Wide Side-yard setbacks along the East and West property lines as shown and be allowed to have sidewalks in said Side- yard setbacks. 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) to no on-site parking spaces, but being allowed to have a minimum of one (1) parking space on an adjacent Accessory parking Lot shown on Parcels "A", "B", "H", "I" and "J". 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 2,550 sq.ft. more or less. 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "F" to no additional perimeter landscaping. 6 7) . A Variance from the required minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 15 feet as shown. PARCEL "G" (613 South Street) : SPECIAL EXCEPTION REQUEST: A) . Approval of a Special. Exception to be allowed to have the option to use property for a Single Family Dwelling for the 613 South Street, South Send, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Send Zoning Ordinance. VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 34. 97feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 34. 97 feet more or less. 3) . A Variance from the required minimum 6 ft, wide Side-yard setbacks a minimum of a 4 ft, Wide Side-yard setbacks along the East property line and to a minimum of 2 ft. along the West property line as shown and be allowed to have sidewalks in said Side-yard setbacks. 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) to no on-site parking spaces, but being allowed to have a minimum of one (1) parking space on an adjacent Accessory parking Lot shown on Parcels "Any "B", "H", "In and "i". 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 2,550 sq.ft. more or less. 6) . A Variance from providing the required Type \\A/' Landscaping along the entire perimeter of said Parcel "G" to no additional perimeter landscaping. 7) . A Variance from the required minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 15 feet as shown. PARCEL "H" (611 South Street) : SPECIAL EXCEPTION REQUESTS: 7 A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 611 South Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. B) . Approval of a Special Exception to be allowed to use a portion property at 611 South Street, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking tot. VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 54.33 feet more or less. 2) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a minimum of a 2 ft. Wide Side-yard setback along the East property line and to a minimum of 5 ft. along the West property line as shown and be allowed to have sidewalks and drives in said Side-yard setbacks. 3) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to have a minimum of two (2) parking spaces on the portion of the Accessory parking Lot shown on Parcels "A", "B", "H", "I" and "J". 4) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,600 sq.ft. more or less. 5) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "H" to no additional perimeter landscaping. 6) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "H" to providing no additional landscape screening. PARCEL "I' (518 Rush Street) : SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 518 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. B) . Approval of a Special Exception to be allowed to use a portion property at 518 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. 8 VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 30.50 feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 30.50 feet more or less. 3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft. Wide Side-yard setback along the North and South property lines as shown and be allowed to have sidewalks in said Side- yard setbacks. 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to have a minimum of one (1) parking space on the portion of the Accessory parking Lot shown on Parcels "A", "B", "H", "I" and "J'• 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 4,080 sq.ft. more or less. 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "I" to no additional perimeter landscaping. 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "I" to providing no additional landscape screening. PARCEL "J" (514 Rush Street) SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 514 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. B) . Approval of a Special Exception to be allowed to use a portion property at 514 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. 9 VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 35. 92 feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MFl District to a minimum of 35.92 feet more or less. 3) . A Variance from the required minimum 6 ft. wide Side-yard setback to a minimum of a 4 ft. Wide Side-yard setback along the South property line and be allowed to have sidewalks and drives in both and the North and South Side-yard setbacks. 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e, 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to have a minimum of two (2) parking spaces on the portion of the Accessory parking Lot shown on Parcels "A", "B", "H", "I" and I.J., 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 4,750 sq.ft. more or less. 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "J" to no additional perimeter landscaping. 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "J" to providing no additional landscape screening. Variance request for Accessory Parking Lot located on Parcels "A", "B", "I" and "J": 1) . From the requirement of providing a minimum 24 ft. wide parking lot aisleway to a minimum of 14 feet wide for an existing parking lot. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 618, 622, 626, 636 LINCOLNWAY EAST, VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611, 613, 701 SOUTH STREET AND 514 AND 518, RUSH STREET, SOUTH BEND, INDIANA 46601. The Petitioner is the owner of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "MF1" Urban Corridor Multifamily District. The Petitioner has acquired the properties shown and is in the process of making the properties available for sale to a single owner who would manage the properties or individual owners. Several of the parcels 10 contain existing residential structures that have been used for single family and multi-family dwellings. The recent previous owner, the South Bend Housing authority managed the properties and built a parking lot that crossed several property lines and was used to serve several of the homes. The existing property lines were created several decades ago and appears were done without the use of land surveys. This is apparent as several of the properties contain encroachments of buildings or walks over the existing property lines. The Petitioner desires to place the properties on the market for sale. They would like to give any potential buyer the option of maintaining some structures as multi-family dwellings or the possibility of turning the multi-family structures into single-family homes. The Petitioner is also taking some vacant land and creating buildable lots for future home sites that are in character with the other home sites in this neighborhood. The Petitioner also desires to reconfigure the existing property lines to place the existing structures on individual lots without the structures or walks encroaching onto adjacent properties. In order to accomplish the goals of making the properties salable, the Petitioner had a meeting with the Building Department and Area Plan Commission staffs' to develop a plan for the parcels in question. The Petitioner wanted to work with the existing zoning classification in order not to create an island zoning that was inconsistent with the surrounding area. The result was to request approval of several developmental Variances for setbacks, frontages, lot size and flexibility from some landscape requirements. There was also a need to ask for approval of Special Exception to allow for the flexibility of using the home sites for either single-family dwellings or multi-family dwellings. A Special Exception request was also needed to allow for the continuation of the existing parking lot which crosses several lot lines. The parking lot would be considered an Accessory Use under the zoning guidelines. Based on this development plan, the following Special Exceptions and Variances requests, are being asked to be approved for a portion of this downtown neighborhood. More specifically the following Special Exceptions and Variances are being requested: PARCEL "A" (618 L.incolnssa East) : SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 618 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance; B) . Approval of a Special Exception to be allowed to use a portion property at 618 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. 11 The Special Exceptions are being requested to allow for the existing home on this .parcel to be used for either a residential Duplex dwelling or single-family home. The second Special Exception request is to allow for a portion of the existing parking lot to be allowed on the proposed parcel. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi- family or single-family use and approval of the Special exception for a portion of the site to be used for an Accessory Use for parking, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the .proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 45 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 45 feet more or less; 3) . A Variance to be allowed to have a sidewalk and paved driveway in the 6 ft. Wide Side- yard Setback (along the South property line ) as shown; 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to no on-site parking spaces, but being allowed to have a minimum of two (2) parking spaces on an adjacent Accessory parking Lot shown on Parcels "A"I r"B" "H„, �"T" and Ili"; 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,700 sq.ft. more or less; 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "A" to no additional perimeter landscaping; 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "A" to providing no additional landscape screening. The Variances requested for Parcel "A" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, frontages, parking requirements, yard setbacks for lot improvements such as existing sidewalks for the different land uses. The Variances also allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot or for additional screening for the existing parking lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent 12 properties, nor will it adversely affect the surrounding property values. PARCEL "B" (622 LincolnY East) SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 622 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance; B) . Approval of a Special Exception to be allowed to use a portion property at 622 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. The Special Exceptions are being requested to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The second Special Exception request is to allow for a portion of the existing parking lot to be allowed on the proposed parcel. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi- family or single-family use and approval of the Special exception for a portion of the site to be used for an Accessory Use for parking, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 47.77 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 47.77 feet more or less; 3) . A Variance to be allowed to have a sidewalk and paved driveway ;in the 6 ft. Wide Side- yard Setback (along the North and South property lines) as shown; 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. I parking space) , to have a minimum of two (2) parking spaces on the portion of the Accessory parking Lot shown on Parcels "A", "B", "H", "I" and "J"; 5) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "B" to no additional perimeter landscaping; 6) . A Variance from providing perimeter landscape screening 13 for the portion of a parking lot shown on said Parcel "B" to providing no additional landscape screening. The Variances requested for Parcel "B" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, frontages, parking requirements, yard setbacks for lot improvements such as existing sidewalks and paved driveways and parking spaces for the different land uses. The Variances also allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot or for additional screening for the existing parking lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. PARCEL "C" (626 Lincolnway East) : SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 526 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. The Special Exception is being requested is to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The Petitioners and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi-family or single-family use, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . VARIANCE REQUESTS: 1) . A Variance to be allowed to have a sidewalk in the 6 ft. Wide Side- yard Setback (along the South property line) as shown; 2) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to no on-site parking spaces, but being allowed to have a minimum of two (2) parking spaces on an adjacent Accessory parking Lot shown on Parcels "'All, "Br,1 .kg.,r "I" and "J"; 3) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,600 sq.ft. more or less; 4) . A Variance from providing the 14 required Type "A" Landscaping along the entire perimeter of said Parcel "C" to no additional perimeter landscaping. The Variances requested for Parcel "C" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, parking requirements, yard setbacks for lot improvements such as existing sidewalks for the different land uses. The Variances also allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. PARCEL "D" (636 Lincolnva East) SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 636 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. The Special Exception is being requested is to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi- family or single-family use, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . VARIANCE REQUEST: 1) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "C" to no additional perimeter landscaping. The Variance to allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot should not have a negative impact to any adjacent property. There are several trees located on this site presently. The Petitioner believes that approval of the above Variance for this parcel for residential development will not be detrimental to adjacent 15 properties, nor will it adversely affect the surrounding property values. PARCEL "E" (700 Block of South Street) . SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for the vacant land adjacent to and East of 701 South Street, South Bend, Indiana per Section 21- 02. 03 (a) (2) (F) of the City of South Bend Zoning Ordinance. The Special Exception is being requested is to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi- family or single-family use, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 40 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 40 feet more or less; 3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a minimum of a 5 ft. Wide Side-yard setbacks along the East and West property lines as shown and be allowed to have sidewalks or drives in said Side-yard setbacks; 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) to no on-site parking spaces; 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 2,500 sq.ft. more or less; 6) . A Variance from the required minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 20 feet as shown; 7) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel. "E" to no additional perimeter landscaping. The Variances requested for Parcel, "E" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, frontages, parking requirements, yard setbacks for lot improvements such as 16 sidewalks and paved driveways and parking spaces for the different land uses . The Variances also allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. PARCEL 'IF" (701 South Street) SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for the 701 South Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. The Special Exception is being requested is to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The Petitioners and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi.-family or single-family use, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 38. 75 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 38. 75 feet more or less; 3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft. Wide Side-yard setbacks along the East and West property lines as shown and be allowed to have sidewalks in said Side-yard setbacks; 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) to no on-site parking spaces, but being allowed to have a minimum of one (1) parking space on an adjacent Accessory parking Lot shown on Parcels "A", "B", "H", "I" and "J"; 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 2,550 sq.ft. more or less; 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel 17 "F" to no additional perimeter landscaping; 7) . A Variance from the required minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 15 feet as shown,. The Variances requested for Parcel "F" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, frontages, parking requirements, yard setbacks for lot improvements such as existing sidewalks for the different land uses. The Variances also allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. PARCEL "G' (613 South Street) : SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for the 613 South Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. The Special Exception is being requested is to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi- family or single-family use, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21--09.03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 34. 97 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 34. 97 feet more or less; 3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft. Wide Side-yard setbacks along the East property line and to a minimum of 2 ft. along the West property line as shown and be allowed to have sidewalks in said Side-yard setbacks; 4) . A Variance from providing on- 18 site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on- site parking for a Single Family dwelling (i.e. 1 parking space) to no on-site parking spaces, but being allowed to have a minimum of one (1) parking space on an adjacent Accessory parking Lot shown on Parcels "A", "B", "H", "I" and "J"; 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 2,550 sq.ft. more or less; 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "G" to no additional perimeter landscaping; 7) . A Variance from the required minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 15 feet as shown. The Variances requested for Parcel "G" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, frontages, parking requirements, yard setbacks for lot improvements such as existing sidewalks for the different land uses. The Variances also allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. PARCEL "H" (611 South Street) : SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 611 South Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance; B) . Approval of a Special Exception to be allowed to use a portion property at 611 South Street, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. The Special Exceptions is being requested to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The second Special exception request is to allow for a portion of the existing parking lot to be allowed on the proposed parcel. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi- family or single-family use and approval of the Special exception for a portion of the site to be used for an Accessory Use for parking, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of 19 South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code 9 21-09. 03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 51.33 feet more or less; 2) . A Variance from the required minimum 6 ft. wide Side- yard setbacks a minimum of a 2 ft. Wide Side-yard setback along the East property line and to a minimum of 5 ft. along the West property line as shown and be allowed to have sidewalks and drives in said Side-yard setbacks; 3) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to have a minimum of two (2) parking spaces on the portion of the Accessory parking Lot shown on Parcels "A", "B", "H", "'I" and "J"; 4) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,600 sq.ft. more or .less; 5) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "H" to no additional perimeter landscaping; 6) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "H" to providing no additional landscape screening. The Variances requested for Parcel "H" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, frontages, and yard setbacks for lot improvements such as existing sidewalks, driveways and parking spaces for the different land uses. The Variances also allow for flexibility in not being required to plant additional Landscaping along the perimeter of the lot or for additional screening for the existing parking lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. PARCEL "I" (518 Rush Street) : SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 518 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance; B) . Approval of a Special Exception to be allowed to use a portion property at 518 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. The Special Exceptions are being requested to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The second Special Exception request is to allow 20 for a portion of the existing parking lot to be allowed on the proposed parcel. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi- family or single-family use and approval of the Special exception for a portion of the site to be used for an Accessory Use for parking, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 30.50 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 30.50 feet more or less; 3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft. Wide Side-yard setback along the North and South property lines as shown and be allowed to have sidewalks in said Side-yard setbacks; 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to have a minimum of one (1) parking space on the portion of the Accessory parking Lot shown on Parcels "A", "B", "H", "I" and "J"; 5) . A Variance from the minimum required 5,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 4,080 sq.ft. more or Less; 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "I" to no additional perimeter landscaping; 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "I" to providing no additional landscape screening. The Variances requested for Parcel "I" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, frontages, and yard setbacks for lot improvements such as existing sidewalks, driveways and parking spaces for the different land uses. The Variances also allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot or for additional screening for the existing parking lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. 21 PARCEL "J" (514 Rush Street) : SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 514 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance; B) . Approval of a Special Exception to be allowed to use a portion property at 514 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. The Special Exceptions are being requested to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The second Special Exception request is to allow for a portion of the existing parking lot to be allowed on the proposed parcel. The Petitioners and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either multi-family or single-family use and approval of the Special exception for a portion of the site to be used for an Accessory Use for parking, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09. 03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 35. 92 feet more or less; 2) . A Variance from the Minimum required 50 ft, of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a minimum of 35.92 feet more or less; 3) . A Variance from the required minimum 6 ft. wide Side-yard setback to a minimum of a 4 ft. Wide Side-yard setback along the South property line and be allowed to have sidewalks and drives in both and the North and South Side-yard setbacks; 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to have a minimum of two (2) parking spaces on the portion of the Accessory parking Lot shown on Parcels "A" "Be", "H", "I" and "Jar; 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 4,750 sq.ft. more or less; 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said .Parcel "J" to no additional perimeter landscaping; 7) . A Variance from providing 22 perimeter landscape screening for the portion of a parking lot shown on said Parcel "J" to providing no additional landscape screening. The Variances requested for Parcel "J" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sixes, frontages, and yard setbacks for lot improvements such as existing sidewalks, driveways and parking spaces for the different land uses. The Variances also allow for flexibility in not being required to plant additional landscaping along the perimeter of the lot or for additional screening for the existing parking lot. The Petitioner believes that approval of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. Variance request for Accessory Parking Lot located on Parcels "A", "B", "H", "I" and "J": 1) . From the requirement of providing a minimum 24 ft. wide parking lot aisleway to a minimum of 14 feet wide for an existing parking lot. The Petitioner is asking for approval of this request, as the parking lot shown has existed for the past several years. The paved area has worked to allow for cars to enter and exit the lot. They would ask to be allowed to continue to use the existing parking lot without having to widen the driveway. The Petitioners do not believe the approval of this Variance request would have a detrimental affect on any adjacent property. The Petitioner would ask the Board Members to agree that approval of the above described Special Exceptions and Variances will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioner contends that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Special Exceptions and Variances are sought: that the need for the Special Exceptions and Variances arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the petition for the Special Exceptions and Variances will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under a penalties for perjury, that the foregoing representations t Mic ael J. Danch President Danch, Harner & Associates, Inc. Property Owners Within 300 Feet 5 Star Investment Group Ill LLC James & Fern Jewel Naji Quddoura PO Box 706 612 Rush Street 50712 Mercury Dr Middlebury, IN. 46540 South Bend, IN. 46601 Granger, IN. 46530 Tax Key#018 3031 1151 Tax Key#018 3031 1148 Tax Key#018 3031 1168 Verl Sheets Neal Nowak Leathea Hardin 631 LincolnWay Bast 521 River Av 512 E South St South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 3030 1097 Tax Key#018 3039 1503 Tax Key#018 3031 1153 Marian Delgado James & Fern Jewell Teachers Credit Union 516 E South 3602 S Ironwood Dr. 110 S Main South Bend, IN. 46601 South Bend, IN. 46614 South Bend, IN. 46601 Tax Key*018 3031 1150 Tax Key#018 3031 1147 Tax Key#018 3031 1146 Nuvo Visions LLC Amir Coley Michael & John Chester PO Box 1048 PO Box 852 616 E South Citra, FL. 32113 South Bend, [N. 46601 South Bend, IN, 46601 Tax Key#018 3031 1144 Tax Key# 18 3031 1141 Tax Key#018 3031 1140 St.Joseph County Financial Intelligence Group Inc. Juanita Derda County City Building 10905 183rd 1255 W Bertrand Rd. South Bend, IN, 46601 Cerritos, CA. 90703 Niles, MI. 49120 Tax Key#018 3031 1139 Tax Key#018 3031 1196 Tax Key#018 3030 1118 South Bend Redevelopment Authority Eugene &Alice Henry Gregory&Stepaine Merryfield 1200 County City Bldg, 537 River Av 620 Clinton South Bend, IN. 46601 South Bend, IN, 46601 South Bend, IN. 46618 Tax Key#018 3030 1119 Tax Key#018 3039 1514 Tax Key#018 3031 1191 amity of South Bend Redevelopment Josphat Wainaina &Joyce Ngugi South Bend Redevelopment 1200 County City Bldg 8894 Harvest Hill Way 1200 County City Building South Bend, 1N, 46601 Elk Grove, CA. 95624 South Bend, IN. 46601 rax Key#018 3030 1138 Tax Key*018 3039 1525 Tax Key#018 3030 1137 'lymouth'Park Tax Services LLC James Griffin Joyce Hantuba 1.5 S Jefferson D-4 601 E South 4310 River Bend PL Vhippany, NJ, 07981 South Bend, IN. 46601 Savage, MN. 55378 'ax Key#018 3030 1130 Tax Key#018 30301131 Tax Key#018 3039 1521 )sphat Wainaina &Joyce Ngugi Madrina Owens Kevin & Dorothy McMahon 394 Harvest Hill Way 615 Clinton 15663 Fieldcrest Ct. lk Grove. CA. 95624 South Bend, IN. 46601 Granger, IN. 46530 ax Key#018 3039 1529 Tax Key#018 3031 1187 Tax Key#018 3031 1179 Madrina Owens Zina Brown Lara Properties Corporation 615 Clinton 1616 Clinton St 1324 W Western Ave South Bend, IN, 46618 South Bend, IN. 46601 South Bend, IN. 46619 Tax Key#018 3031 1186 Tax Key*018 3031 1190 Tax Key#018 3031 1195 Sunrise Atlantic Corp. Reynaldo Hernandez& Glenda Rae Santos Emmanuel Delos PO Box 5707 Wilkie 708 E South Fort Lauderdale, IN. 33310 702 E South St South Bend, IN. 46601 Tax Key* 018 3039 1531 South Bend, IN, 46601 Tax Key#018 3031 1169 Tax Ko.v*n 1 A ,;nn 1 117001 Reynaldo & Glenda Rae Hernandez Naji Quddoura Eytihia Arges 702 E South 50712 Mercury Dr 2043 South Bend Ave. #145 South Bend, IN_ 46601 Granger, IN. 46530 South Bend, 1N, 46637 Tax Key#018 3031 1170 Tax Key#018 3031 1165 Tax Key#018 3039 1533 Joseph Dixon Yates Gus Thaumatur Inc. Joseph Dixon Yates 612 Clinotn St 3019 S Michigan 612 Clinton St South Bend, IN. 46601 South Bend, IN. 46614 South Bend, IN. 46601 Tax Key#018 3031 1171 Tax Key#018 3031 1152 Tax Key*018 3031 117002 CPT REO LLC Naji Quddoura Hany Abdel-Shahid 1223 N Rock Rd. Bldg.E Suite 200 50712 Mercury Dr 58078 Pear Rd Wichita, KS 67206 Granger, IN.46530 South Bend, IN. 46619 Tax Key#018 3031 1143 Tax Key#018 3031 1167 Tax Key#018 3031 1145 Amir Coley Naji Quddoura .fames Burke PO Box 852 50712 Mercury Dr 721 LincolnWay East South Bend, IN, 46601 Granger, 1N. 46530 South Bend, 1N. 46616 rax Key#018 3031 1142 Tax Key#018 3031 1166 Tax Key#018 3039 1541 ;oath Bend Redevelopment City of South Bend Redevelopment City of South Bend Redevelopment 200 County City Bldg 1200 County City Bldg 1200 County City Bldg iouth Send, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 "ax Key#018 3030 1134 Tax Key#018 3030 1128 Tax Key#018 3030 1135 'ity of South Bend Redevelopment Karen Urbacke City of South Bend Redevelopment 200 County City Bldg 521 E South St 1200 County City Bldg oath. Bend, 1N. 46601 South Bend, IN. 46601 South Bend, IN. 46601 ax Key#018 3030 1136 Tax Key#018 3030 1126 Tax Key#018 3030 1127 Inn Patrick FUJAE Steven Kurtz 10 River Ave PO Box 4342 553 River Ave Duth Bend, IN. 46601 South Bend, IN. 46634 South Bend, IN. 46618 ax Key#018 3039 1530 Tax Key*018 3030 1129 Tax Key#018 3039 1532 Ames &Keri McCormick Brian Alan Rupert Mike Neal 5 Arch Ave 525 River Ave 148 N 29th St )uth Bend, IN. 46601 South Bend, IN, 46601 South Bend, IN. 46615 ix Key#018 3039 1526 Tax Key#018 3039 1509 Tax Key#018 3030 1100 Diane Erdman 701 Land Trust South Bend Redevelopment 10186 Charles St 701 LincoinWay East County City Building Osceola, IN. 46561 South Bend, IN, 46616 South Bend, IN. 46601 Tax Key#018 3030 1096 Tax Key* 018 3039 1517 Tax Key#018 3029 1073 Thomas& Dorothy Compon South Bend Redevelopment South Bend Redevelopment 80 Adina Court 1200 County City Building 1200 County City Building Lafayette, IN, 47905 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 3039 1522 Tax Key#018 3030 1132 Tax Key#018 3030 1133 Verl Sheets Jakov Adler Eugene Cieplinski 601 E Bronson St 18 A Kubovy St 533 River Ave South Bend, IN. 46601 Jerusalem, Israel 96757 South Bend, IN. 46601 Tax Key#018 3030 1099 Tax Key#018 3039 1518 Tax Key#018 3039 1511 Brian Alan Rupert South. Bend Leased Housing Ronald & Elizabeth DeWinter 525 River Ave Associate 602 LincolnWay E. South Bend, IN. 46601 2905 Northwest Blvd. Suite 150 South Bend, IN. 46601 Tax Key*018 3039 1506 Minneapolis, MN. 55441 Tax Key#018 3030 1114 T,qx KAv*n I An min 11 n7 Leah Zimmer John &Sarah Sehorn Department of Redevelopment 517 River Avenue 513 River Ave County City Building South Bend, IN. 46601 South Bend, IN. 46618 South Bend, IN, 46601 Tax Key#018 3039 1500 Tax Key#018 3039 1497 Tax Key#018 3029 1069 International Constructor Co City of South Bend Redevelopment South Bend Redevelopment 11711 N Meridian St. Suite 528 County City Building 1200 County City Bldg Carmel, IN. 46032 South Bend, IN. 46601 South Bend, iN, 46601 Tax Key#018 3090 3483 Tax Key#018 3029 1068 Tax Key#018 3030 1137 Plymouth Park Tax Services LLC James Griffen Reynaldo Hernandez& Glenda Rae 115 S Jefferson Bldg. D-4 601 E South Wilkie Whippany, NJ. 07981 South Bend, IN. 46601 702 E South St Tax Key#018 3030 1130 Tax Key#018 3030 1131 South Bend IN 46601 Tex Kav*01R -4n.,ii 117001 Immanuel Santos Delos Reynaldo & Glenda Rae Hernandez Amir Coley 708 E South St 702 E, South PQ Box 852 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, 1N, 46601 fax Key#018 3031 1169 Tax Key#018 3031 1170 Tax Key#018 3031 1142 South Bend Redevelopment City of South Bend South Bend Redeveloment Authority 200 County City Bldg 1200 County City Building 1200 County City Building youth Bend, 1N. 46601 South Bend, IN. 46601 South Bend, IN. 46601 'ax Key#018 3030 1 134 Tax Key#018 3030 1128 Tax Key#018 3030 1135 outh Bend Redeveloment Authority Karen Urbacke South Bend Redeveloment Authority 200 County City Building 521 E South St 1200 County City Building oath Bend, IN. 46601 South Bend, IN, 46601 South Bend, IN. 46601 ax Key#018 3030 1136 Tax Key#018 3030 1 126 Tax Key#018 3030 1127 ' L South Bend Redevelopment Verl Sheets Verl Sheets 1200 County City Bldg 601 E Bronson St 631 LincolnWay East South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key# 018 3029 1072 Tax.Key#018 3030 1099 Tax Key#018 3030 1098 CASP Enterprises LTD 1621 Oakwood Ct Bowling Green, OH. 43402 Tax Key#018 3030 1091 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 October 6, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 1015111 Dear Council Members: The above referenced petition of South Bend Redevelopment Authority was legally advertised on September 15, 2011. The Area Board of Zoning Appeals gave it a public hearing on October 5, 2011, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow for the option of a single family dwelling on property located at 618,622,626,636 Lincolnway East and vacant land east and adjacent to 701 South St. and 611, 613, 702 South St. and 514 & 518 Rust St. and a Special Exception to be allowed to use a portion of the properties as an accessory parking lot on properties located at 618, 622 Lincolnway East, 611 South Street and 514 & 518 Rush St. is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SOU'T'H BEND REDEVELOPMENT AU'rHaR17Y 618, 622, 626, 636 LINCOLNWAY EAST 611, 613, 701 8. VACANT LAND ADJACENT TO 701 SOUTH ST. 514 AND 518 RUSH ST. SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HIuAL.TH, SAPI=TY, 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.D.ISTRJCT 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 I SEND C0MPREHEIVS[VEPL,4NBECAUSE: 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 ® MICHAEL URBANSKI . ABSENT RANDALL MATTHYS D JACK YOUNG D GERALD PHIPPS ROBERT HA WLEY 0 JOE VELLEMAN BRENDAN CRUMLISH SOUTH BEND REDEVELOPMENT AUTHORITY The petition of the South Bend Redevelopment Authority seeking the following: a Special Exception to allow for the option of a single family dwelling use on Parcels A, B, C, D, E, F, G, H, I, &J; a Special Exception to use a portion of the property as an accessory parking Jot on Parcels A, B, H, I, &J; and for the following variances: PARCEL A: from 60' frontage to 45'for single family use; from 50'frontage to 45' for multi family use; to allow a sidewalk and drive in the side yard setback; from on site parking to no on site parking; from 6,000 sq. ft. lot size to 5,700 sq.ft. for single family use; from Type A landscaping to no additional perimeter landscaping or parking lot landscape screening; PARCEL B: from the 60' frontage for single family to 47.77; from the 50'frontage to 47.77'for multi family use; to allow a sidewalk and drive in the side yard setback; from on site parking to no on site parking; from Type A landscaping to no additional perimeter landscaping or parking lot landscape screening; PARCEL C. to allow a sidewalk in a side yard setback; from on site parking to no on site parking; from 6,000 sq. ft. lot size to 5,600 sq. ft. for single family use; from Type A landscaping to no additional perimeter landscaping;PARCEL D: from providing Type A Iandscaping to no additional perimeter landscaping;PARCEL E. from 60' frontage to 40' for single family use; from 50'frontage to 40'for multi family use; from the 6' side yard setback to 5'; from on site parking to no on site parking;from 6,000 sq. ft. lot size to 2,500 sq.ft. lot size; from the 25'rear yard setback to 20'; from Type A landscaping to no additional perimeter landscaping;PARCEL. F. from the 60'frontage to 3 8.75' for single family use; from 50' frontage to 3 8.75' for multi family use; from the 6' side yard setback to 17 'Area Board of Zoning Appeals—October 5, 2011 4' and to allow a sidewalk in the side yard setback; from on site parking to no on site parking; from 6,000 sq.ft. lot size to 2,550 sq.ft. lot size; from Type A landscaping to no additional perimeter landscaping; from the 25'rear yard setback to 15';PARCEL G. from the 60' frontage to 34.97' for single family use; from 50' frontage to 34.97'for multi family use; from the 6' side yard setback to 4' and 2' and to allow a sidewalk in the side yard setback; from on site parking to no on site parking; from 6,000 sq. ft. lot size to 2,550 sq. ft.; from the Type A landscaping to no additional perimeter landscaping; from the 25' rear yard setback to 15'; PARCEL H. from 60' frontage to 54.33' for single family use; from the 6' side yard setback to 5' and 2'and to allow a sidewalk in the side yard setback; from on site parking to no on site parking; from 6,000 sq.ft. lot size to 5,600 sq.ft.; from the Type A landscaping to no additional perimeter landscaping or parking lot landscape screening;PARCEL I. from 60' frontage to 30.50' for single family use; from 50' frontage to 30,50' for multi family use; from the 6' side yard setback to 4' and to allow a sidewalk in a side yard setback; from on site parking to no on site parking; from 6,000 sq. ft. lot size to 4,080 sq. ft.; from Type A landscaping to no additional perimeter landscaping or parking lot landscape screening; PARCEL J.• from 60' frontage to 35.92' for single family use; from 50' frontage to 35.92' for multi family use; from the 6' side yard setback to 4' and to allow a sidewalk and drive in the side yard setback; from on site parking to no on site parking; from 6,000 sq. ft. lot size to 4,750 sq. ft.; from Type A landscaping to no additional perimeter landscaping or parking lot landscape screening; and from the minimum 24'wide parking lot drive aisle to 14' on parcels A, B, H, I &J; all on properties located at 618, 622, 626, 636 Lincolnway East, 611, 613, 701 and vacant land east and adjacent to 701 South Street, and 514 and 518 Rush Street, Portage Township. Zoned "MM". ". MR. MIKE DANCH: Danch, Harper &Associates, 1643 Commerce Drive, South Bend, Indiana, representing the petitioner the City Redevelopment Department. Mainly what we're doing here is this is the neighborhood area that's bounded by Lincolnway East, South Street and Rush Street. These properties were acquired by the Redevelopment from the South Bend Housing Authority. Basically what the Redevelopment Authority would like to be able to do is to put these properties back up for sale for either single ownership, duplexes or the multi family classification. What we ran into, we had discussions with the Area Plan Commission staff and the Building Department, the houses that you see on our site plan are the existing ones. A couple of these houses right now are being used as single family. The other ones are being used as multi family. What happens is under the zoning for"MF1"you're not allowed to have a single family residence. So what we're trying to do is work with the City of South Bend to make these properties sellable and provide enough options for the city that if someone wants to buy these homes they would have the option to continue to use them as duplexes, the ones that are that way, or single family depending on how that worked out. When we went through the zoning ordinance I had to ask for Special Exceptions to be allowed to use the houses as single family under"MF1". That's not a permitted use under"MF1"unless you get the Special Exception approved. The other variances that were asking for are basically for the setbacks to recreate and reconfigure property so that I can go through the subdivision process through the plat committee to create legal lots of record for each of the houses. .What we ran into is that the houses are they way they have been separated previously, I'm going to assume that it wasn't done with surveys,that there were encroachments of buildings, walkways onto the adjacent properties, so the diagram that you see before you would be also the subdivision, that's what it would look like and we've submitted it to the Area Plan Commission for approval. I've tried to clean up all the problem areas that were adjacent to theses houses. And what we did is we went through the ordinances one by one to figure out if we had sidewalks that I 18 'Area Board of Zoning Appeals--October 5, 2011 would have to ask for side yard setbacks. Also what's under the "MF1" category is they usually assume under the"MF1"that you're doing an apartment complex or a larger building so the landscaping requirements that are involved with those type of structures. So even though I have a single family house or a duplex, they also ask you to do perimeter landscaping and other types of landscaping. One of the last things that we had is that the Housing Authority had gone ahead and just put an interior parking lot on the properties. Basically they just went out and paved the parking lot and ran it across property lines. Well under today's codes in order for me to have that interior parking lot to be approved I need a Special Exception for that as well. That's considered an accessory use under the "MFI" category. What we also tried to do is take a look and split that parking lot up between the different properties and also what will happen is there will be a homeowners association that will end up taking care of that. Through the subdivision process we'll end up with an ingress/egress and a parking lot agreement that'll show up on those lots. So basically the houses that have frontage along Lincolnway and some of the other houses will be able to use that parking lot for parking spaces that are required for whatever use they put in those houses. There's one, I think house that's on South Street that doesn't have access to that parking lot because it's far away. And if you've been out there,there is parking adjacent to those sites on South Street so there's plenty of parking there. That's the only house that we'd be asking for to be allowed to have parking on the street. And then also what we did, you can see the existing walkways that go through behind some of the houses; we're creating a pedestrian easement on the subdivision as well that allow those houses to go over those other lots to get to the parking lot.- And in a nutshell that's basically what we're asking to do. What this will allow is that the houses that are there can be sold. They will be able to use as single family or as duplexes and there's actually a couple of lots there that will allow for new construction of homes in downtown South Bend. And that was kind of the whole point of what we were trying to do for Redevelopment and if you've got any questions for me I'd be glad to answer them. MR. FEDDER: I guess the only question Mike I have is that, you're looking for two Special Exceptions? MR. DANCH: There's actually Special Exceptions for each of the parcels to allow for single family and then there's the Special Exception for the accessory parking. MR. FEDDER: Are you doing that in one ordinance with the Council? MR. DANCH: Yes I did submit one ordinance. What we did was we used the legal description and the addresses of each property on the Special Exception ordinance. As far as I know Kathy was okay with the way I had written that ordinance. MR. FEDDER: So we're going to have a yes or no vote, favorable or unfavorable on the Exceptions and then you'll have your motion on the various variances. MR. PHIPPS: Mike has any effort been made to re-establish that alley up the northwest corner? It seems like because of the width of the drive it seems it would be better if you had a connection there and made it one way in and the other way out but that may be private property ...? 19 'Area Board of Zoning Appeals—October 5, 2011 MR. DANCH: Yeah, I don't if it was the Housing Authority or the previous owners,that is a vacated alley up there so now to go back and re-dedicate it we'd have to either have that property owner to north ... MR. PHIPPS: The City doesn't own those two lots? MR. DANCH: No,they don't own that one so I don't have the availability of owner of both sides of that. MR. PHIPPS: You're not really adding any more activity to that parking area? MR. DANCH: No, no. MR. PHIPPS: It works now with essentially just a one way... MR. DANCH: That's exactly it. It's basically just for those few houses and that's it. Pm just trying to fix what kind of the Housing Authority out there. MR. PHIPPS: So there's not room for cars to meet there? Somebody's coming out, somebody has to wait? MR. DANCH: That's it yeah. MR. URBANSKI: Area Plan. MS. NAYDER: We were in favor of the petition as a whole. This is largely an existing situation but Mr. Danch has already submitted the subdivision and our office is reviewing it, however, when you submit a subdivision to make these actual lots we have to go back again to whatever the current zoning codes says that the width, etc. should be. So we would not approve the subdivision under the current configuration because the lots do not meet the current criteria so and a lot of it is existing, so we're just trying to clean it up for the subdivision so it can go forward. IN FAVOR MS. KAREN URBAKE: 521 E. South Street so I live adjacent to the properties on Rush Street that are under discussion. Number one, is that diagram available? I have an aerial view but it doesn't show the proposal. I kind of understood what they're talking about with the existing housing, they're just trying to pull those lots into compliance. But from what I could gather from what they're talking about three of the lots are vacant and two of those are side by side and I guess if they're trying to make it attractive for new construction I would think it would be better to combine those two side by side lots into one decent size lot instead of trying to get by with those 40' lots in an neighborhood that's not all that popular. I don't know who that's going to be attractive to for new construction other than investors and certainly prefer to have homeowners in our neighborhood. Same thing for the two lots on Rush Street, I believe the one lot is 30' wide. Are you seriously proposing somebody's going to put new construction on that. I guess I would like to see it combined with the lot next door so that you'd have a house with a yard perhaps... 20 Area Board of Zoning Appeals—October 5, 2011 MR. URBANSKI: If I could answer that before we go on. From about 1993 until January of this year, I built probably 150 to 180 homes in the City of South Bend and a lot of them on 40' lots. Some on, maybe 36' was the smallest I've done, but we do a lot with designing homes to fit the older neighborhoods. And if you go down west Colfax Street in South Bend, there's two or three when we got done people asked if we remodeled the homes that were there. So I'm not going against-what you said but there have been a lot, a lot of homes built in the City of South Bend on 40' lots. MS. URBACKE: Yeah and Monroe Park is a hard sell no matter what. And again the one lot on Rush ,Street, I believe 30' wide, seriously? And there is a vacant lot next to it and I understand that's not owned as part of this but I believe that lot was even up for a tax sale a couple years ago. I guess he did address, not being privy to the plans, but just the variances as far as the access to the parking lot would essentially be where it is right now. Again on Rush Street where they're talking about and on the vacant lot that's not part of the parking lot right now so that would even have to be shortened so it would be like a 30 x 65 foot lot once the parking lot, I think that's what you were asking for on that. So I was concerned that that was not going to be attractive to anyone but an investor. There was a small duplex across the street from me, a nice two bedroom home nothing wrong with but no yard, they had trouble selling it for$12,000, 1 guess just no interest. I guess just as a homeowner in the neighborhood I'd like to see something more attractive done with those vacant lots. So that would be my concern. MR. PHIPPS: Just because it is platted into two lots wouldn't prevent someone from buying both of them and building one house. It just makes it possible to put two separate houses. MR. URBANSKI: Anyone else wishing to speak in favor of? MR. REYNALDO HERNANDEZ. Residing at 702 E. South Street. My questions and my concerns are not so much about way of either support or opposition but trying to put some clarification. Can we translate this into everyday English enough to be able to say whether off street parking will be preserved for the parcels in question? MR. URBANSKI: That will be answered, Mike Danch will come up after the public hearing and respond to all the questions. MR. HERNANDEZ: My other question is connected with what Ms. Urbacke was talking about with respect to three, well two lots that are part of the area in question and a third lot which is adjacent and if you'll look at the aerial view you will see that there are actually three adjacent lots there and I do concur with her observation that any one of those lots would provide insufficient frontage for any acceptable new construction there. And what ever we end up with either the two lots which are currently apart of the area in question being combined into one lot with no consideration being given to the vacant lot or changing"those three lots and having what is now that vacant lot, so that the three lots would become two lots. That would provide some fairly decent frontage for the construction of not one but two homes in that area. So I would like to see that considered as part of the plan. I understand that that is not currently part of the plan but I would like us to take a long range view here. 21 'Area Board of Zoning Appeals—October 5, 2011 MR. URBANSKI: I'll thank you very much sir and those questions will be answered by Mr. Danch. REMONSTRANCE There was no one present to speak in remonstrance of this petition. REBUTTAL: MR. DANCH: Just to answer a couple of those questions. The parking question, out of the ten parcels that we're showing there only one of those would have on street parking and that is that parcel E that is on South Street which there is plenty of parking along South Street. All the others would either have parking on their properties or in that accessory parking lot that we're doing. We did take a look at the other properties out there, we don't have the ability right now to purchase, I think, the two vacant lots that they are talking about. If we were able to purchase those,then yes I could go back through a subdivision process,pick those two lots up and we could re-plat them or re-subdivide them if that's possible. But right now those are under separate ownership and so we don't have the ability go and purchase those and as far as I know right now those are not for sale. And we did take a look at the size of the lots even the ones that are showing are vacant, as you were saying you can end, we looked at the houses that are out there right now which are basically two story homes and you can get possibly 1200 to 1800 square foot homes on those lots that we've created so I think that those are acceptable for that neighborhood area for what's being done. We tried to snatch those lots with what's out there right now and the existing homes. And if you have any questions for me, I'd be glad to answer them. MR. PHIPPS: So Parcel E doesn't have access rights to the common parking but all the others do? MR. DANCH: That's correct. Or the lot on the very corner that was large enough so that if they were going to put a home on there and thinking it's kind of that odd angled lot, there's enough room for them to put a house on there and also a garage and they would have been the farthest from the parking area so gave them room to be able to put a garage on that site. A motion to send the Special Exceptions to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Young. The motion carried unanimously. A motion for approval of the variances was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for Special Exceptions was sent to the Common Council with a Favorable Recommendation and the petition for variances granted. Based on the testimony presented,the Area Board of Zoning Appeals, after careful consideration, finds the Special Exceptions sent to the Common Council with a Favorable Recommendation and the petition for variances granted will issue written Finding of Facts. 22 Area Board of Zoning Appeals—October 5, 2011 PETITION FOR SPECIAL EXCEPTIONS SENT TO THE COMMON COUNCIL WITH A _ FAVORABLE RECOMMENDATION PETITION FOR VARIANCES GRANTED