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HomeMy WebLinkAbout02-13-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, FEBRUARY 13, 2012 7 : 00 P.M. 1 . INVOCATION - REVEREND FRED PRESTON 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS A. SWEARING IN OF CITIZEN MEMBERS SERVING ON STANDING COMMITTEES B. 12-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE WASHINGTON HIGH SCHOOL BOYS FOOTBALL TEAM FOR A TRULY MEMORABLE 2011-2012 SEASON C. MAYOR' S ANNUAL ADDRESS TO THE CITY COUNCIL PURSUANT TO SECTION 2-3. 1 OF THE SOUTH BEND MUNICIPAL CODE 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 84-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) 01-12 PUBLIC HEARING OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10119-11 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS WITHIN DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2012 8 . BILLS, THIRD READING TIME: BILL NO. 84-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) 01-12 THIRD READING OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10119-11 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS WITHIN DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2012 9 . RESOLUTIONS BILL NO. 12-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 505 E. BROADWAY, SOUTH BEND, INDIANA 12-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3826 NIMTZ PARKWAY, SOUTH BEND, INDIANA 12-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 17917 SR 23, SOUTH BEND, INDIANA 12-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING TO THE BOARD OF PUBLIC WORKS THAT IT DESIGNATE MARTIN LUTHER KING DAY AS ONE OF THE HOLIDAYS FOR SOUTH BEND CITY EMPLOYEES BEGINNING IN CALENDAR YEAR 2013 12-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THRESHOLDS AND CRITERIA BE DEVELOPED WHEN PUBLIC TAX DOLLARS ARE TO BE INVOLVED TO ASSIST IN LEVERAGING ECONOMIC DEVELOPMENT WITH THE PRIVATE SECTOR 12-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING LOCAL SERVICE AGREEMENT FOR PUBLIC EDUCATION AND GOVERNMENT ACCESS CHANNEL 10 . BILLS, FIRST READING BILL NO. 02-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET, WEST OF ST. PETER STREET AND THE FIRST NORTH-SOUTH ALLEY WEST OF ST. PETER STREET, NORTH OF LASALLE STREET. THE STREET IS DESCRIBED AS : ST. PETER STREET RUNNING NORTH FROM THE NORTH RIGHT-OF WAY LINE OF LASALLE STREET 03--12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 11 . UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1 . BILL NO. 12-09 - SPECIAL EXCEPTION - 730 & 734 S. 2 9T11 STREET 2 . BILL NO. 12-10 - SPECIAL EXCEPTION - 1902 WESTERN AVE. 3 . BILL NO. 12-11 SPECIAL EXCEPTION - 1434 GARLAND CIRCLE 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. r •'•�1865.-�, CITY OF SOUTH BEND STEPHEN J, LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER December 7, 2011 Mr. Derek Dieter President, South Bend Common Council 0 Floor, County-City Building P3— South Bend, IN 46641 Re: Ordinance of the Common Council Creating a New Fund Dear President Dieter: Effective January 1, 2009, the City of South Bend, Indiana and the City of South Bend Redevelopment Commission entered into a Certified Technology Park Agreement with the Indiana Economic Development Corporation. Each redevelopment commission with a certified technology park is required by IC 36-7-32-23 to establish a separate certified technology park fund ("CTP Fund") to receive property tax proceeds, state gross retail and use taxes, and other revenue. Money deposited in the CTP Fund may be used for the acquisition, improvement, construction and maintenance of public facilities, debt service and other permitted uses under IC 36-7-32-23 in connection with a certified technology park. To accomplish this, it is in the best interests of the City of South Bend to establish a City of South Bend Certified Technology Park Fund (#439). Fund 439 will be a capital project fund for financial reporting purposes and will earn interest on outstanding cash balances. Fund 439 will be subject to annual appropriation by the City of South Bend Redevelopment Commission. City Administration submits this appropriation spending request for 15f reading at the December 12, 2011 Council Meeting, 2;'0 read, public hearing, 3 read and Council vote at the same January 9, 2012 Council Meeting. City Administration will present this bill to Council at the appropriate committee meeting and at the Council session. Regard Gregg D.?Stphen tara 4 cc: J. t.uecke, Mayor of the City of South Bend CITY CL FT',. ...'�. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) STATEMENT OF PURPOSE AND INTENT Effective January I, 2009, the City of South Bend, Indiana and the City of South Bend Redevelopment Commission entered into a Certified Technology Park Agreement with the Indiana Economic Development Corporation. Each redevelopment commission with a certified technology park is required by IC 36-7-32-23 to establish a separate certified technology park fund ("CTP Fund") to receive property tax proceeds, state gross retail and use taxes, and other revenue. Money deposited in the CTP Fund may be used for the acquisition, improvement, construction and maintenance of public facilities, debt service and other permitted uses under IC 36-7-32-23 in connection with a certified technology park. To accomplish this, it is in the best interests of the City of South Bend to establish a City of South Bend Certified Technology Park Fund (#434). Fund 439 will be a capital project fund for financial reporting purposes and will earn interest on outstanding cash balances. Fund 439 will be subject to annual appropriation by the City of South Bend Redevelopment Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I . A City of South Bend Certified Technology Park Fund (#439) is created as the repository of eligible revenue and will be used to pay for eligible expenditures of the certified technology park. The fund shall be non-reverting and shall be operated in accordance with all legal requirements. The fund shall earn interest on outstanding cash balances and shall be subject to annual appropriation by the City of South Bend Redevelopment Commission, 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. Attest: Member, South Bend Common auncil City Clerk O rpv t.«�l,•=fi ,+&3iy9 a».;-�„�. SUBSTITUTE BILL NO, 01-12 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL. OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10119-11 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS WITHIN DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2012 STATEMENT OF PURPOSE AND INTENT On September 27, 2011 this Council adopted Ordinance No. 10119-11 which set forth the maximum salaries and wages of appointed officers and non-bargaining employees of the City of South Bend for the calendar year 2012 (the "2012 Salary Ordinance"). This Ordinance amends the maximum salaries for certain designated appointed officers and managerial level employees of the City, and it also changes the job titles and creates one new position for certain managerial level employees including certain executive staff positions as originally described in the 2012 Salary Ordinance. Salaries will be paid pursuant to the budget approved by the Common Council, and the budgeted amount to be paid may be less than the maximum amounts set forth in this Ordinance. The changes in compensation shall be made by transfer of funds from certain accounts to other accounts within Departments of the City of South Bend. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOU"T"H BEND, INDIANA, AS FOLLOWS: Section L Amendment to Ordinance 10119-11 The 2012 Salary Ordinance is hereby amended to change the maximum compensation amounts for certain positions, rename certain positions, and create a new position with corresponding maximum compensation, as set forth in Exhibit A. 1 Section 11. 'Transfer of Funds To effect the foregoing amendments, the following accounts shall be adjusted by increase or reduction in the designated sums. General Fund No. 101 Administration&Finance Personnel Costs - ($90,966.60) Corporation Counsel Personnel Costs - 44,052.74 Engineering Personnel Costs - 50,722.46 Mayor's Office Personnel Costs - (3,808.60) Net Cost to the General Fund - -0- Community and Economic Development Fund No. 211 CED Personnel Costs - 2,016.05 CED Professional Services Costs - (2,016-05) Net Cost to the CED Fund - -0- Section 111. Remainder of 2012 Salary Ordinance Unchanged Except as amended by this Ordinance, the 2012 Salary Ordinance shall remain unchanged and shall be in full force and effect. Section IV. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. 2 Approved and adopted this day of January, 2012. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of January, 2012, at_o'clock m. City Clerk Approved and signed by me on the day of January, 2012, at o'clock m. Mayor, City of South Bend, Indiana Filed 10. READ:.NG PUBLIC FEB 0,� p,,owVED JOHN 0 E 3 CITY CLERK,SOU'FH BEND,IN R I F jZR L.D PASSED. Exhibit A Revised 2012* 2012 Salary Salary Job Code Current Title New Title Status Maximum Maximum ENB-A-1 City Controller Same Full Time $85,930 $ 94,500 ENB-A-1 City Engineer Same Full Time $76,414 $ 94,500 ENB-D-1 Corporation Counsel Same Full Time $56,654 $ 94,500 ENB-A-1 Director, Public Works Same Full Time $82,758 $108,248 ENB-A-1 Executive Director CED Same Full Time $92,768 $ 94,500 ENB-A-2 Director Human Resources Same Full Time $63,154 $ 80,002 ENB-A-1 Director Information Technology Same Full Time $68,354 $ 87,000 ENB-A-1 Assistant to the Mayor Chief of Staff to Full Time $65,442 $ 65,442 the Mayor ENB-A-1 Assistant to the Mayor Deputy Chief of Full Time $65,442 $ 62,170 Staff to the Mayor ENB-A-2 Director Secretarial Executive Full Time $48,100 $ 48,100 Services Assistant and Director of Special Projects ENB-A-2 Director Communications Communications Full Time $58,344 $ 58,344 & Special Projects Director ENB-A-3 NIA Deputy City Full Time NIA $ 72,000 Controller *Pursuant to adopted 2012 Salary Ordinance. Red S13DS02 PPACCENDA 4278850 JOHN CITY CLERK,SVJ r BEND,IN �pj3fi$8� �� 5�ilrfl�lr�l/�d 1400 COUNTY-CITY BUILDING PHoNE 574/23 5-9241 227 W.]EFPFRSQN BOLT[EYARD FAX 574/235-7670 SouTH BF-No,INDIANA 46601-1830 rY- , x x 2865 CITY of Sou-rH BEND FETE B=GIEG, MAYOR DEPARTMENT OF ]LAW ALADRAN M. DEROSE OrYATTORNEY,AD INTERiM February 9, 2012 Mr. Derek Dieter President, South Bend Common Council 4th Floor, county-City Building South Bend, Indiana 46601 Re: Substitute Bill 01-12 Dear President Dieter: Attached is Substitute Bill No 01-12 amending South Bend's 2012 non-bargaining employee and appointed officer salary ordinance (No. 10119-11). The sole amendment to Bill No 01-12 is to change the job title "City Attorney" to "Corporation Counsel" per Indiana Code 36-4-9-6(b)(3) which requires the executive of a second class city to appoint "a corporation counsel". It is that appointed position for the head of the law department whose salary is covered by Bill No. 01-12. Sincerely, Aladean M. DeRose City Attorney, A.I. AMD/cw ff ' Cc%3 0 3- cI CHERYL A. GRFENE ANN-CAROL,NASH ANDREA L. BEACHKoFBK`I LAWRENCE],METRIVER JFF.FRFY L. SAN-FORD 6A RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 505 E.BROADWAY, SOUTH BEND,INDIANA WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; 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 has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 505 E. BROADWAY STREET, SOUTH BEND, INDIANA. in order to permit a Special Exception Use to allow for a community center and a reduction of the required seven(7) parking spaces to four(4) SECTION 11L Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTJON TV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full farce and effect from and after its adoption by the Common Council and approval by the Mayor. o� .. Member of the Common Council hYSN6d�fR'i&�C'S':SA.'Sr'34 uYY� Lf s��l 6¢%0. VF s e THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY AREA BOARD OF ZONING APPEALS PETITION a. PETITIONER'S NAME: South Bend Heritage Foundation, Inc. PETITIONER'S ADDRESS: 803 Lincoln Way West, South Bend, IN 46616 PETITIONER'S PHONE: (574) 289-1066 b. LOCATION OF THE PROPERTY: 505 E. Broadway Street, South Bend, IN 46601 C. STATEMENT OF VARIANCE REQUESTED AND REASON FOR REQUEST; The petitioner requests a special exception use to allow for a community center and a reduction of the required seven (7) parking spaces to four(4). South Send Heritage Foundation is rehabilitating all of its 54 affordable units at New Heritage Homes Southeast (NHHSE) with funding received through the Low Income Housing Tax Credits. Part of the requirement is to establish a community center for the residents. The property at 505 E. Broadway is adjacent to, and contiguous with, the NHHSE. The zoning, SF 2, allows for Neighborhood Partnership Centers. Although this community center is not specifically a Neighborhood Partnership Center, it will offer not only the NHHSE residents but also the entire neighborhood similar activities and services that a Partnership Center provides; apart from general meeting space, it will have space for educational classes in life skills, subjects of general interest, crafts as well as space for clubs to meet. The house will also have the leasing office for the NHHSE. Since there is only space for four off street parking spaces (one for handicapped persons), this request is also for a reduction of the required seven parking spaces to four. d. STANDARDS FOR SPECIAL EXCEPTIONS I.C. 36-7-918.4 addressed as follows: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. A community center is a place that enhances public health, safety, comfort, community moral standards, convenience or general welfare by being a safe place where the neighborhood residents can come to learn from one another or through planned educational activities. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. 505 E. Broadway has been a rental property which has been allowed to deteriorate to the point that it is a detriment to the value of adjacent property values. When SBHF purchased it it had been vacant for some time. SBHF plans to rejuvenate the structure. As a well Board of Zoning Appeals: Special Exception Petition from South Bend Heritage Foundation maintained and regulated community center it will add to the value of adjacent property values. iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The district is a neighborhood that has been through hard times and is beginning to stem the deterioration and disinvestment. Having a place to gather helps bolster neighborhood spirit and belief in itself. iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The Comprehensive Plan recommends actions that develop the capacity of residents to become a part of an neighborhood. It recommends actions that help residents have safe and affordable housing. It recommends actions that help residents learn to keep their housing investments in good repair. It recommends actions that help people so that they choose to stay within their neighborhood. A community center will foster all of these recommendations because it is a place where the residents come together to share and learn. e. Zoning Classification of property; SF 2 Township of property.- Portage I attest under the penalties for perjury, that the foregoing representations are true. I� Marco J. Marian' Executive Director South Bend Heritage Foundation, Inc. Page 2 aseftWm xre oxibuNmlatqud . a,.wNl'Ue9wiw® uae m+mnncaa eoglo Bulseel g Luoo8 I4lunwwoo 3SHH k( NOIIV(]NnQ:l Aempeoi8 505 Y g Q 3JV 9@14 ON38 H.LnOS EE'' a A t o f slam loi�waarr alv 3191 xxolre IgLL mrdua to In mlxloa duuw�durlaolo esuleruo ox A�nnavQae `mommusmoo Hu ION 3NIl 'dDHd g [o[yy 4 �W 15 o Z I ��U II ad fWA C7�lY ri �z � N tii I �8 � ¢o �8 rc � N ?� I k w c CL m a© z z I I 5 OYdS,6•({) 37ddS VOV •I 0. A-i[ Z A'A4 a N 4 6, S LO u9 Q W z uj �o aab a � to k CL0 Y o b 0 __. (0 UW3A A3UnS ION) ,09'6+ -I'd mm.W A311V x tY- •m M Ll i la a ui It .` 4 w -:Y.' ...4.., �,•Wirr+r — r" :SF� l J,f - +PYf}'SY. c a a ea f K P f. a � ^, g , e o �Y P a�a :3 d f��ayl' t RLi, t 4 Lf 6 w o m Q 0 i a 6 m a n � m nF = m m d o o a m m z MM m m m m m m a M P U m m mm 9 S q� m P m n Z m m m m b am s Im b 19 v ti 'd` m w o a o e 4 a 0 o a a o w w p 4 4 w w r r w z Z � Z i11 m A 2 O b u 3' bo Z � m -mil � yp O F D b W U W 4 IT W ♦ W b n o 0 YYaa � 4 i�l p e V O N if P N tld A AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 PAx: (574) 235-5541 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, .Indiana 46601 RE: Petition for Special Exception of South Bend Heritage ABZA 1/4/2012 Dear Council Members: The above referenced petition of South Bend Heritage Foundation, Inc. was legally advertised on December 23, 2011. The Area Board of Zoning Appeals gave it a public hearing on January 4, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of South Bend Heritage Foundation to allow a community center in a"SF2" District, on property located at 505 E. Broadway, is sent to the South Bend Common Council with a Favorable RLCOM nendation. 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. 5incerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SOUTH BEND HERITAGE FOUNDATION SPECIAL EXCEPTION PURSUANT 21-04.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic,and parking regulations as to not being injurious to the public health, safety,morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4TH Day of JANUARY,2012. YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK YOUNG ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN ® BRENDAN CRUMLISH 4 SOUTH BEND HERITAGE FOUNDATION The petition of South Bend Heritage Foundation seeking a Special Exception to allow for a community center a"SF2"District and a variance from the required 7 parking spaces to 4, on property located at 505 E. Broadway, Portage Township. Zoned "SF2". MR. PAT LYNCH: I'm with South Bend Heritage Foundation. Our address is 803 Lincolnway Way West, South Bend. We are the developer of the proposed community center and leasing office. We are requesting a reduction from the required 7 spaces to 4 primarily because of the constraints of the site itself. The community center is part of a larger development that is currently under way. We are renovating 54 existing apartment which are contagious just immediately to the north which are called New Heritage Home Southeast. It's an affordable housing project that we've owned for 15 or so years and are looking forward to 9 T Area Board of Zoning Appeals—January 4, 2012 maintaining and operating that for another, whatever it is, 15, 20, on into the future. Did have one letter in support that I would like to submit. This letter of support is from Conrad Damien, he is a resident just down Broadway. MR. LYNCH PASSED OUT THE LETTER TO THE BOARD AT THIS TIME MR. LYNCH: And then I thought I might just take a moment to bring up a couple of questions that folks like Conrad Damien had asked of us. As we polled the neighbors as we discussed this project, as we kind of tried to build consensus, the questions were "well how much parking is going to be going on at this community center?" "What is this leasing office?"And in our experience with our other properties these are very limited use. It's a very light use. Most of the folks that come to this facility will be walking from the apartment complex immediately adjacent to pay their rent, to ask a maintenance question. To find out about events that might be posted in the community center or perhaps maybe even a small birthday party or something like that on a rare occasion. It will be a very light use for both parking and even for pedestrian access. MR. URBANSKI: It is very similar to the office you have between west Washington apartments on Walnut Street? MR. LYNCH: That's correct, very similar. MR. CRUMLISH: Is the alley paved? MR. LYNCH: Correct, the alley is paved. MR. PHIPPS: The intention to have the existing house appear to b�-a house from Broadway? MR. LYNCH: Yes that is a very important feature that we intend to maintain. The primary access will be from the rear. The parking will be from the rear. Handicap access will be from the rear. But from the front we will maintain every architectural feature, the windows, the door, steps, so it will function and look life a house on the block. MR. BULOT: Just for the record since this is a change of use I just want emphasize that the requirement for accessibility to this site must be met per Indiana State law. MR. LYNCH: Okay will fully intend to comply with it, ADA parking and the ramps and such and bathrooms. MR. HAWLEY: I wonder if you could enlighten me. I don't understand what you mean by "leasing office". Do you lease properties? I'm sorry I don't understand. MR. LYNCH: Good question. If I want to rent an apartment at Heritage Home Southeast that's where I go to get a tour, ask what the rents are, and that's where the property manager has a small office and so I 10 Area Board of Zoning Appeals—January 4, 2012 suppose if you wanted to lease any of our other properties they could direct you from there as well. We currently have a leasing office on site but it's in one of the apartments and so we're moving it into this more specialized facility. MR. HA.WLEY. So you have these properties that you own and if I wanted to lease something on Pennsylvania Street, as an example, an individual there would take me there, show me the property and we could work up a lease? MR. LYNCH: I think that the leasing office that we're talking about now will primarily handle the New Heritage Homes Southeast property right there that is immediately contiguous with but we all know all of our properties so I suppose you could get referred to somebody else to show you around. MR. HAWLEY: Okay, thanks. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion for approval of the variance subject to the Special Exception being approved by the Common Council was made by Mr. Phipps and seconded. by Mr. Hawley. The motion carried unanimously. A motion to send the petition for Special Exception to the Common_ Council with a Favorable Recommendation 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 Exception was sent to the Common Council with a Favorable Recommendation and the petition for variances granted subject to the Special Exception being approved. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this petition for Special Exception sent to the Common Council with a Favorable Recommendation and the variances granted and will issue written Finding of Facts. PETITION FOR VARIANCES GRANTED SUBJECT TO THE SPECIAL, EXCEPTION BEING APPROVED 13Y THE COMMON COUNCIL PE'T'ITION FOR SPECIAL.EXCEPTION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION it S RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3826 NIMTZ PARKWAY, SOUTH BEND,INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6,and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation,.pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 3826 Nimtz Parkway, South Bend, Indiana 46628 in order to permit construction and operate a telecommunications facility on a property classified light industrial. 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, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; AREA BOARD OF ZONING APPEALS 125 S. Lafayette Bbd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 F". (574) 235-5541 January 5, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend,Indiana 46601 RE: Petition for Special Exception for Charles S. Hayes, Inc. ABZA 1/4/12 Dear Council Members: The above referenced petition of Charles S. Hayes, Inc. was legally advertised on December 23, 2011. The Area Board of Zoning Appeals gave it a public hearing on January 4, 2012, at which time the following action was taken: Upon a motion by Mr. Velleman, being seconded by Mr. Matthys and unanimously carried,the petition for Special Exception to allow three (3) 90'radio communication towers in a "Ll" District, on property located at 3826 Nimtz Parkway. is sent to the South Bend 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. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB/cah CHARLES & HAYE$, INC. SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic,and parking regulations as to not being injurious to the public health,safety,morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PL4N BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4TH Day of JANUARY,2012. YES NO ® MICHAEL URBANSKI CHARLES S HAYES wWw.TEL.ECOMPARK 814 MARIETTA STREET T+574.233.' SOUTH BEND, IN 46601 F+574.232.,e TM January 4, 2012 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Blvd. Suite 100 South Bend, IN 46601 RE: Special Exception Use and Variance of Developmental Standards Telecommunications Facility 3826 Nimtz Parkway South Bend, IN 46628 Township: German Zoning Classification: Light Industrial To the Honorable Board: Charles S. Hayes Inc. (Hayes) is hereby applying for a Special Exception Use and Variances from Developmental Standards to construct three 90' radio communication towers on property owned by Hayes at 3826 Nimtz Parkway. The proposed facility will supplement an existing 155 foot tower and compound at that location. The Variance from Developmental Standards are as follows: 1) Variance from a monopole type tower to a lattice type tower because it will be :a impractical to mount the required type antenna on a monopole and because the proposed towers are only 90' tall. 2) Variance from the required landscaping to no landscaping because the tower will be constructed in a wooded area and because the fenced in area at the base of the towers will only be 10' x 10'. 3) Variance from required hard surface driveway to soft surface grass access because the ' towers will be serviced infrequently to help preserve the natural setting for use by the adjacent horse stables. 4) Variance from the requirements for coloration as required by Sec. 21-08.01 because these are special towers used for long distance radio communication for a single user and because there is an existing tower for coloration at this location. 5) Variance from the required minimum of 500' from the proposed'towers to a residential use to 124 . The residential use is in conjunction with a horse stable business. INFRASTRUCTURE FOR THE TELECOMMUNICATIONS INDUSTRYTm Legal Descrtation A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, described as follows: Commencing at the Northwest comer of the Northeast Quarter of said Section; thence East on the North line of said Section a distance of 206 '/4 feet to the place of beginning; thence South at right angles to the North line of said section a distance of 1 760 feet; thence East parallel to the said North Section line a distance of 123 3/4 feet; thence North at right angles to said North section line a distance of 1760 feet to the North line of said Section; thence West along said North section line a distance of 123 %feet to the place of beginning. Project Descri tion The project will be constructed adjacent to an existing telecommunication facility on land currently owned by Hayes. The project will include three 90' lattice radio communications approximately 150' apart. The towers will support beam type directional antennas. There will be little if any equipment at the base of the towers as most equipment will be located in existing equipment shelters. The base of each tower will be fenced in by a 10' x 10' black vinyl fence 6' high. Project Location IP The proposed facility is an addition to an existing telecommunications facility located in an industrial area. This site is located in the City and has access to various fiber optic networks Ip including the Metronet. Yours truly, Charles S. Hayes President Charles S Hayes Inc. 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O O NU) U NNE N No N to co ti-" N T N � ` O 'r- `° C< " Fm i0 7 fB � c d M � CC) Q1 f0 U Z (D - Gam! CV U - m - O D V Ll. C1 O r- u uN] W co 0 < ZNUN MOUN co - ,S � Co o N � Np N0 CV Np O p 00 Q OD 00 p oD 0 N st �N N N O M i 0 O M O O M O p M a M a 4 O O r- t• O t` O [a fl- O_r C� _O 6 O O O in q�0 r � r r O p C3 YO X1700 0CNO OO O D Q � 00 04 Cl) ao ao i CHARLES S. HAYES,INC. The petition of Charles S. Hayes, Inc. seeking a Special Exception to allow three (3) 90'radio communications towers in a"LI"District and for the following variances: from the monopole type towers to lattice type towers; from the required landscaping to no landscaping; from the required hard surface driveway to a soft surface grass access; from the required co-location on towers to a single user; and from the required 500'minimum from residential use to 124', on property located at 3826 Nimtz Parkway, German Township. Zoned'U" MRS. KERRY WALLACE: i work for Charles S. Hayes, Inc., our office is located at 814 Marietta Street in South Bend. I'm here today to petition for a Special Exception use as well as variances to build three ninety foot self support radio communications structures at a site that is owned by Charles S. Hayes, Inc. at 3826 Nimtz Parkway in South Bend. The parcel is approximately 5 acres in size and it's zoned Light Industrial. This is going to supplement an existing facility that we have there with 155 foot radio communication tower. And it is going to be designed as a global communication hub to be part of a wireless network providing data communications covering large international areas. It will further develop our market to new technologies utilizing fiber optics and other data interfaces promoted in our area to be part of a global network. The hub site determined based upon studies done by long distance radio wave propagations studies. Also the 19 Area Board of Zoning Appeals—January 4, 2012 accessibility to fiber via the internet, reason power rates and strong support facilities. The addition is consistent to what currently exists there and that which surrounds it. If you'll turn to exhibit B, we have a site plan of the location. The dimensions of this property lends itself ideally to what we're trying to achieve here. The property is approximately 124'wide by 1760' deep. The first structure will be located behind the existing structure approximately by about 200'. Then there will be a separation of 150' between the remaining two structures. The new structures will have a 10' x 10' fence surrounding them. It will 6'high and black vinyl coated. And an existing shelter that's in the original compound will be used to house all of the equipment. Service personal will be visiting varying frequently to this site. The wooded area will be retained for use by the adjacent property owner. They have riding stables there and we allow them to use our acreage for trails for their horses. If you will please refer to exhibit G and that is our site plan as an, excuse it's an aerial with the proposed facility. And I'd like to discuss the variances that we are requesting. The first variance is from the requirements of co-location availability as required by Sec. 21.08.01. And that is because of the fact these structures are only 90' tall because of the type of equipment that is going to be placed on them and because of the separation that's required. We will however still have the 155' structure that's in the existing compound for co-location. We are secondly asking for a variance from a monopole to a lattice type self support structure and that is due to the fact that it would be impractical to mount this type of equipment on a monopole. Additional we're going to have all the structures back in the woods so we'll have a natural screening around them all. Thirdly we are asking for a variance from the required hard surface drive to a soft surface grass access because the towers will serviced infrequently and to help preserve the natural setting so that we can still allow the horses use the trails on our acreage. Fourthly we are going to ask for a variance from the required 500'to the closest residential use to 124' to the closest residential use. And that is in conjunction with our neighbor who has the horse stables. Lastly we are asking for a variance from the landscaping on all sides to no landscaping on all sides and that's due to the fact, as you can see from the drawing, that all the structures will be set back in the woods and they will have a natural screening of trees around them. MR. VELLEMAN: So you're creating something obviously, I'm not sure what, but it requires these exact dimensions for these 90'poles to be put in those spots? MRS. WALLACE: That is correct. MR. VELLEMAN: This land leads to those proper dimensions you need there? MRS. WALLACE: That's correct. MR. VELLEMAN: But since there's no really buildings going near them you only need a 10'x 10'to just to protect them? MRS. WALLACE: Correct. MR. VELLEMAN: And any wiring coming from them will be going back to the existing sheds that are there? 20 Area Board of Zoning Appeals—January 4,2012 MRS. WALLACE: It will be underground, yes. MR. VELLEMAN: So basically unless somebody cuts a line coming from one of those there's no reason go out there and do anything to those towers to require or hard surface. MRS. WALLACE: Well occasionally there's an adjustment but for the most part they will be working on the equipment on the inside shelter which is inside the original compound. MR. VELLEMAN: If we grant this will this improve the Wi-Fi at my house? MRS. WALLACE: No. This is for maritime communications. MR. HAWLEY: Could you describe in words what you mean by lattice design? I didn't see any picture in here. I think I've got in mind what I think it is but I'm not sure. MRS. WALLACE: Yeah. There is actually, if you refer to the photo...in the, there are two photos, one with the structures and one without the structures and if you'll... MRS. WALLACE SHOWED THE BOARD A PHOTO OF W14AT THE LATTICE TYPE STRUTURE LOOKS LIKE IN FAVOR MS. MARY JAN HECKMAN: I'm executive director of St. Joe Valley Metronet. As Kerry Wallace mentioned part of the use for some of this global, this international communications is with the dark fiber optic network that we have here in St. Joseph County. And that's.the St. Joe Valley Metronet. This particular organization is looking for what we call a point to point connection between two of the Charles Hayes towers and that would utilize the asset that we have in this community. We believe that's part of the reason that this organization chose St. Joseph County for location of doing this kind of work because of the towers that are available and also because of the high speed telecommunications asset that we have with the Metronet. So we're very excited about helping out this organization and hope that you'll grant the variances MS. ANNETTE SHULTE: Our address is 3912 Nimtz.Parkway, we're the neighbors to the Hayes and we appreciate all that they've done letting us use the property so we have no problem with it. MR. PATRICK DEITRICK: I'm representing Davfir Realty, LLC, we're the neighbors on the opposite of the property that Hayes owns and I just have a question. We own two plots of property. One is 4 acres immediately adjacent to the property in question and the second one is the property adjacent to that which includes a manufacturing building for plastics manufacturing. In that building there is a lot of sophisticated electronic equipment and I just want assurances that since these towers are different than the tower that's already in position there and poses no particular problem but these new towers are shorter. I would like to 21 Area Board of Zoning Appeals—January 4, 2412 have assurances that there's not going to be any inference with the electronic gear that's utilized in the manufacturing facility two lots up. Thank you. REMONSTRANCE There was no one present to speak in remonstrance of this petition. REBUTTAL: MRS. WALLACE: The licenses that are going to be used for these particular towers are going to be licensed with the FCC so if there is any problem with it at all we will shut it down and work out the situation. A motion for approval of the variances subject to the Special Exception being approved was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. A motion to send the petition for Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Velleman and seconded by Mr. Matthys. 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 T.C. 36-7-4-918.5; therefore, the petition for Special Exception was sent to the Common Council with a Favorable Recommendation and the petition for variances granted subject to the Special Exception being approved. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this petition for Special Exception sent to the Common Council with a Favorable Recommendation and the variances granted and will issue written Finding of Facts. PETITION FOR VARIANCES GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED BY THE COMMON COUNCIL PETITION FOR SPECIAL USE IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDA'T'ION 22 From: David Farhan RE: 17917 SR-23 south Bend Indiana. yq {p Feb 03, 2012 Dear Common Council, I am asking for a continuation of Bill 12-06 which is a special exception for 17917 SR 23. I have a annexation/rezoning that goes along with this bill which will not be heard by the Area Plan Commission until their February meeting. My understanding is that the special exception bill cannot be heard until the annexation/rezoning bill has been resolved. The date for Public Hearing for the annexation/rezoning will be on 3/26/12, so I ask the special exception be continued until that day. I am also asking to waiver the 60 day period from the time of the Area Board of Zoning Appeal's recommendation. Let me know if you have any questions. David Farhan P() RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA., APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 17917 SR 23, SOUTH BEND,INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 17917 S. R. 23, South Bend, Indiana 46635 in order to permit a Billiard Hall. SECTION 11.Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code§ 21-09.03 (1). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council '•:Mips�� _ ..!.+ n`. .. � s tw Lull Clark W. James & Leora J. Trustees C/O Larry J. Clark 17917 SR 23 South Bend, IN 46635 (517) 629-4819 December 1, 2011 Requesting/seeking for: 1) Special Exceptions Use to Allow a Billiard Hall. 2) VARIANCES: Provide 17 Onsite Parking Spaces, Where 22 Required, 3) VARIANCES: Encroach Upon the Vilest Front Yard Setback of 30' to (Terrace Lane) of 14'. 4) To allow existing building to encroach upon the State Road 23, Form 30' setback line to 231. 3) To allow parking within the residential buffer yard. 6) To allow 1 parking space closer than the required 15' in the Terrace Lane front yard to 8'. 7) Variances from the required Residential Buffer yard to none on the north and west. 8) Variances from the Required Foundation Landscaping to none on EXISTING BUILDING. Representing Petition Alibaba Cafe LLC David Farhan MGR P.O. Box 11664 South Bend, IN 46634 (574) 217-2182 Zoning Classification: Pending Rezoning to LB Township: CLAY The Proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Our proposal to take this building that we believe is a diamond in the rough, from its actual run down state and turn it into a business idea and location that would not only fit within the community but also thrive, as we are certain that our operation will not affect the overall value of property taxes of the buildings around it, on the opposite this is the only building that is in dire need of repairs and remodeling, simply because there are too many nice buildings around it, this point of view is as far as the property affect value that we are sure it will add to the overall of betterment of the area. 1 f HEPLER STREET SO' R/W _ N 06'48'03"E + p � ]1 " � I � LL ]o'I�SETHAGK LRC IIII � �ryo "I LO rc in I d � E N B6'45'03"E f " � Vn � Y N IL I �n a X f V — I a a I � E ell / LU LL I � Z" // "e�z.rz k o� �Q a � m A The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; We also stand firm by the fact that our operation will not produce any hazardous or injurious outcome to the public health or safety and ease of the community, We are intending to run this operation professionally and provide welcoming arms to all the residents and non-residents of the area to come in and unwind while enjoying some free spirited time, be it college students or simply people that want to change the from the chaotic bar scenes or coffee shops, we are going to be an alcohol free run operation, offering novelty and pleasurable experience for our clients respectfully within the boundaries and laws allowed by our local and federal government. ➢ The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and We stand firm by our motto in business is treat people and the area and its surrounding with the utmost respect, professionalism adhering to the all laws and recommendations given to us. We will also be all ears to any suggestion from our community leaders should any concerns arise prior to our opening to the facility. ➢ The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plane. Before we took over this place that has been shut down for quite some time, we thought it is an ideal business location that would add a value to our local businesses core due to its strategic location, our intent and belief is that operating a proposed business like ours will not affect any of the following: business tax property, morals, values, injury to others and public health scare. None of these will be remotely in the subject of our fear by simply running our operation if anything we believe our business and the outline and proof planes will reflect very positively on the area and bring in more local business liquidity as far as income and job opportunities Thank you, Sincerely avid Farhan 2 AREA BOARD OF ZONING APPEALS 125 S. Yvette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAx: (574) 235-5541 January 5, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Alibaba Cafe LLC ABZA 1/4/12 Dear Council Members: The above referenced petition of Alibaba Cafe LLC was legally advertised on December 23, 2011. The Area Board of Zoning Appeals gave it a public hearing on January 4, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of Alibaba Cafe LLC to allow a billiard hall in a"LB" District,on property located at 17917 State Road 23, is sent to the South Bend Common Council with an Unfavorable Recommendation and subject to no alcohol if approved. 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 a n AL9BABA CAFIt LLC SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT I. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will not 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. T14E PROPOSED USE WILL NOT rNJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use will not improve the appearance of the neighborhood and could devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE L)ISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on this property just do not create a different situation for this property. 4. THE PROPOSED USE IS COMPA"T"IBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAAr BECAUSE: It is the feeling of the Board that the variance will not blend into the overall Comprehensive Plan and may be deviating from its intent. CONDITIONS OR REVISIONS: NO ALCOHOL IF APPROVED DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with an: UNFAVORABLE RECOMMENDATION ADOPTED this 4TH Day of JANUARY, 2012— YES NO IHI MICHAEL URBANSKI 0 RANDALL MATTHYS JACK YOUNG 0 GERALD PHIPPS ROBERT HAWLEY 0 JOE VELLEMAN ® BRENDAN CRUMLISH Area Board of Zoning Appeals—January 4, 2012 ALIBABA CAFE LLC The petition ofAlibaba Caf6 LLC seeking a Special Exception to allow a billiard hall in a"LB"District and from the following variances: from the required 22 parking spaces to 17; from the required 30' front yard setback to 14', from the required 30' side front yard to 23', to allow parking within the required residential buffer yard, from the required 15' setback for parking on Terrace Lane to S', from the required residential buffer yard on the north and west to 0', and from the required foundation landscaping to none on existing building on property located at 17917 State Road 23, Clay Township. Zoned Business and Residential pending rezoning to "LB"and annexation. MR. RANDALL MYERS: Architect with Interface Architecture and Design located at 57190 Alpha Drive in Goshen. I represent the petitioner. The petitioner proposes to renovate a vacant building located at the corner of State Road 23 and Terrace Lane, that would be the northeast comer, to a billiard hall to offer light recreation in the form of pool and beverage serving and conversation. They propose to add a covered patio for the purposes of creating a differentiated atmosphere understanding that inside the building and the pool hall there will much more noise than could be accommodated outside. And I would point out that there is no alcohol involved here. We're talking light beverages and coffees. We are asking for variances from setbacks from both Terrace and State Road 23 because the existing building predates the current zoning setback requirements. We are asking for reduced parking because of the restrictions of the lot. And the same as to parking in the residential buffer. MR. HAWLEY: I'm assuming that the existing building is the building that you're going to be using but kind of updated? MR. MYERS: Yes, it will be renovated and right now it's an empty building, there are no walls or partitions in the building. There would be restrooms to accommodate handicap and the rest of the public. There would be a slight beverage preparation counter. The only actually new construction would be a covered terrace area which I will point out faces the two streets and is on the opposite side of the building to the residential properties. MR. PHIPPS: How many people would you expect might be using this facility considering both the existing building and the covered patio? MR. MYERS: I would defer to the petitioner. What do you think David? MR. DAVID FARHAN: 1316 E. Calvert St., South Bend. MR. PHIPPS: What you're asking is for a variance to reduce the number of parking which would be required for a building of this size but you're also proposing that the facility would include both the indoor use but also outdoor use, it seems to me that this building could with the size such that could be a lot more 23 Area Board of Zoning Appeals—January 4, 2012 people using it than 17 parking spaces would sorve. Can you tell us how many people you would expect might be using it. For instance how many tables, pool tables will you have? That would us some idea of how many people might be playing and how many people might be seated in the outdoor patio. MR. FARHAN: At this we have, we are preparing to have only two pool tables with I believe eight tables with chairs each. MR. PHIPPS: Two pool tables in a building of 2120 square feet seems like you'd leave an overflow seating area outside. MR. HAWLEY: Did you say that there could be extended to eight pool tables? Is that what I heard? MR. FARHAN: No. MR. MYERS: No he said there were two pool tables currently in tie plan and eight tables with three seats at each. MR. URBANSKI: And three what? MR. MYERS: Three seats at each table. So that would be 24 and two pool tables. MR. URBANSKI: So basically seating for 24 in the building? MR. MYERS: Inside, correct. MR. MATTHYS: And you're going to serve non-alcoholic beverages? MR. MYERS: Correct. MR. URBANSKI: Any food? MR. FARHAN: No, not at this time. MR. URBANSKI: Christa? MS. NAYDER: Thank you. We aren't in favor of the billiard hall mostly because of the outdoor element of the design. If you look at the uses allowed in "LB"it is things like restaurant but specifically without a drive-thru, if you wanted a drive-thru then again it would be a Special Exception. Just kind of to give an example of another type of outdoor use that wouldn't normally be allowed in the "LB". As to the variances we realize that the building is already out there so the setbacks we don't see a problem with those. However, because the zoning line will be moving as part of the re-zoning and annexation we would like to see the northern 62' of the western half and then along where that turns to go north to meet the zoning line, I don't have an exact dimension, but anything that touches that piece of residential property there, we would like to 24 Area Board of Zoning Appeals—January 4, 2012 maintain the residential buffer-yard landscaping. So that's the one variance we would like to see not approved is the one for the residential buffer yard. MR. CRUMLISH: How big in square footage is this covered patio? MR. MYERS: Well we're 25' x 40' so it's, but it's not rectangular so it's 750 to 800 square feet. MR. CRUMLISH: Okay, so then if had walls and we called it a room that's a 1000 square feet would add another 10 cars to the requirement for parking. MR. MYERS: If you put that many tables, yes. MR. CRUMLISH: Theoretically. So in my mind there's potential for a requirement for 30 cars or 32, give or take, and you want 17 which is give or take half. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MR. URBANSKI: We do have a letter from First Source Bank, I am writing to you to voice First Source Bank's objection to the zoning variances being sought for the property referenced above. Consistent with our previous objections opposing other parking variances in the immediate area, we object to the zoning variances being sought for this property. The reason being they're and other businesses in the area will bear the burden of the overflow parking if the variance is approved. In which the First Source Bank is across the street. MR. MICHAEL J. SHEWCHUK JR. I'm a property owner on Terrace, 54533, and I'd like to submit this petition against this proposal. MR. SHEWCHUK PASSED OUT A PETITION TO THE BOARD AT THIS TIME MR. SHEWCHUK: Our position is, we feel that this would not add anything to our neighborhood in fact it may be a situation that we would not be happy to have it in there. Being with all the people we took the petition with seem to agree with me that they'd be uncomfortable with that and I don't think that there's anymore to be said about it for all the people that's signed that petition. I thank you for your time. MS. PAM KOLLAR: I reside at 54474 Terrace Lane. I've lived in my house for 33 years and oppose the petition for the Alibaba Cafd for a billiard hall due to the noise, the parking issues and the disturbance it will bring to our quiet neighborhood. I am not liking the idea of the late hours especially with the residential area right there and I would ask you to please vote no for this petition. Thank you. 25 Area Board of Zoning Appeals--January 4, 2012 MR, VELLEMAN: Ma'am I have a question for you. Since you've lived so long, do you remember what was the last occupant in that building? MS. KOLLAR: A cleaners. MR. VELLEMAN: A dry cleaners. MS. KOLLAR: Years ago. It was Concords. And there might be as far as I've been told maybe some type of...I can't think of what the word is that I want right now but...contamination yeah in the land, the water in there because of the cleaners and the way used dumping of water and so forth. MR. JERRY HANDLEY: I reside at 54460 Terrace Lane. I have two major concerns. One is parking. If the lot is full where are they going to park? Along the street, because there is no good parking along Terrace Lane if any of you have ever been down through there. That's my main concern. Number two, is on my sheet that I got the letter it says, "cafd", I don't hear anything about a cafe. What does that mean? That's my questions. MR. URBANSKI: All these will be,the questions will be answered after everybody has spoke. MR. HANDLEY: And water runoff when they put this in there and the landscaping. It's just too close to everything there. The parking is what really concerns me with the proposed, as the one gentleman said, with the pool tables and tables that's going to be in there, we have room for 30 to 40 people how many cars? Doesn't make sense to me. MR. LARRY GARD: I reside at 20110 Bridgeview Trail. That's in New London Lake Condominiums. I'm the property manager for the condo community. New London Lake is an 80 acre condo community sitting on 12 acres just a few hundred yards from the proposed site. I've been asked to come and speak to the Board. We're pretty much in agreement with the Area Planning Commission in that it would have a negative impact on the area and attract undesirables. So they wanted me to come and let you know that. We could certainly add our names the existing petition but we we're aware of it. Thank you. MRS. ERIE SHEWCHUK: I own Amore's with my husband and it's right across the street from the property in jeopardy. I'm very concerned because we've been in business since 1969 and I have elderly ladies that come to our spa and to our salon. We've already had a run in with one of the gentleman,from over there peeking in our windows and frightening our customers. I think for our safety for our clients that are older coming in in the evening they're going to be afraid to go out into the parking lot at night. This will make it hard on our business. I am for a business going in there that would be very professional and safe for the neighbors and for us. I thank you for considering us. MR. FEDDER: What address do you have, your home address or give us your business address. MRS. SHEWCHUK: My home address is 5245 N. Ironwood, South Bend. 26 Area Board of Zoning Appeals---January 4, 2012 MR. RICHARD CARLSON: I live at 54475 Terrance Lane which is about 500'from this establishment they're trying to get a variance for. I'm totally opposed to this. Number one reason is we have a lot of young couples moving in the neighborhood with small children. This is not the right environment for them. Secondly the parking, if you could see the layout, it's totally inadequate. My personal opinion is that when the other establishment or business surrounding them close at night they're going to utilize their parking places and then the overfill is going to go their causing a lot of undesirable effects. Secondly or thirdly I guess, we were told that this property was tried to be sold several years back and they couldn't get it sold because of the contamination in the ground from the cleaners dumping their fluids instead of disposing of them properly. Now my question would be how are they going to put in water and restroom facilities if you're sitting on contaminated ground? This is a septic system but I understand they've already tapped into the City water. But this doesn't alleviate the problem that's the building sitting on. And also if you put in two pool, tables and 8 tables there won't be nobody room for anybody to walk in the front door. This is a small drycleaners or was. I mean where they going to put them. So I thank you for considering our request. MRS. LORRAINE CARLSON: I live at 54475 Terrace Lane. I'm opposed of the development of this Alibaba Cafd. It's going to cause a lot of problems in the neighborhood, additional traffic and additional noise. And it's not going to be an asset to the community. MR. DAN OSBERGER: I'm a CPA and I have a financial services practice at 17903 State Road 23. So my lot is two lots to the east of this property. I have similar concerns regarding the parking. Also I have a concern as a property owner that I never received a notice of this meeting. So I'm trying to get up to speed as to what's going on. Thirdly I'm concerned about the petitioner being calling itself a cafd and then we're talking about a pool hall coming into the area because immediately you can see from the diagrams and maps that you have, immediately north of this property is a residential home and then residential properties all along it. So parking is the main concern but the nature of the business is very much a second concern to me. MR. JAMES MASTERS: My office address is 211 W. Washington St., Suite 1800, here in downtown South Bend. I'm here this afternoon on behalf of Armand Murat properties. Armand Murat properties owns the commercial development at the northeast corner of Ironwood and State Road 23. The address is 54500 S. Ironwood. Excuse me north Ironwood. They're asking for a number of variances all of which should be denied. They're asking for a Special Use which you should send to, I believe is going to be the Common Council, with an unfavorable recommendation. They're asking to eliminate buffers from the yards. They're allowing encroachments on the residences nearby. They're asking to allow a reduction of the setback. They're eliminating landscaping. How any of this can be considered to be compatible with the existing uses is beyond me. And I'll take issue with your staff s recommendation and suggestion that this is compatible with the comprehensive plan. If you look at the notes of your staff under the petition for Group 90 one of their comments is, one objective of the comprehensive plan was to insure that the multi family and commercial development is compatible with the surrounding neighborhood characteristics by requiring setback that are consistent with the existing buildings. None of these, if these setbacks were approved, none of this would be consistent with the existing buildings. I mean this can't possibly be compatible with the neighborhood. And there ought to be said of this this should just be summarily denied. Thank you. 27 Area Board of Zoning Appeals—January 4, 2412 REBUTTAL. MR. MYERS: My only response would be in relation to the term cafe, this is a beverage cafe, there is not food preparation. There is no alcohol. The petitioner would be willing to reduce the size of the covered patio and comply with the planning staffs on the variance on the residential buffer, the landscaping screening. Other than that I have no further comments. MR. PHIPPS: Mr. Chairman I've got a couple of questions, one of them unless I'm missing something I don't see anything about the screening variance being requested I just got two variances, the parking and the parking in front setback. MS. NAYDER: You may not have the more updated one dated, yeah the one from the first. MR. PHIPPS: Yeah I do have that one, I'm sorry. The other question I guess is for Mr. Fedder. They said no alcohol, what would be the status if it was approved and put in operation, would they be able then to get a liquor license and serve alcohol? MR. FEDDER: Well of course they can apply. There's certain standards and requirements to obtain one. Of course the first thing you'd be thinking about is whether it would be a carry out package liquor store, whether it would be a typical restaurant type operation, and third there you'd be in the city limits and the it would be determined whether there are other beverages being sold in the area within the restricted area. I know there is at least one and I think Martin's may have one so I think that you could petition but there would be certain requirements that you would have to meet in doing so. My opinion it would be highly doubtful in my opinion that the Board would grant that. MR. PHIPPS: But if the Special Exception were to be approved it could be with the condition that there be no alcohol and that could... MR. FED DER: Oh yes, you could put it in there if you wanted to. MR. PHIPPS: Well I guess I would like to make a motion that would be that first of all we deny the parking variance as well as the screening variance. And that we would approve front setback variance, as I understand it,just because it's the existing building. MR. URBANSKI: We have a motion, do we have a second? MRS. HENRY: Now the parking variance is that for the number of spaces? MR. PHIPPS: The number of spaces, yes. 28 Area Board of Zoning Appeals—January 4, 2012 MR. VELLEMAN: Well there's actually eight variances, well actually seven variance and on Special Exception so...do take it line by line if you've got an updated one because... MR. FEDDER: Well I don't have an updated one either. MR. VELLEMAN: I guess my question is, I agree with you on the parking, but the existing building needs three variances on it as it is right now even if anything was not to change they would those three variances without the parking. MR. PHIPPS: I would be in favor of approving the variances for the location of the existing building. MR. VELLEMAN: We can't change the building. I mean that's what it boils down to, so...since there's numbers on their request, can we take it number by number? MR. PHIPPS: Well the two variances that I would move that we deny would be the reduction of the on site parking spaces and the... MR. VELLEMAN: Number six, to allow one parking space closer from the required 15'to Terrace Lane down to 8'? MR. PHIPPS: Well I can see with any use of that building there might be some encroachment of parking into that. I guess the two that the Plan Commission recommended I would deny those two, the screening from the residential area and the number of parking spaces. MRS. HENRY: So you're talking number two and number seven? MR.VELLEMAN: Gotcha. MR. PHIPPS: Likely if we deny those two it would require another site plan. MR. URBANSKI. We have a motion on the floor, do we have a second? MR. PHIPPS: Then if the ones we approve would be subject to the Special Exception being approved. MR. VELLEMAN: Second. MR. URBANSKI: Call for the vote please. MRS. HENRY: We have a motion to deny variance number two and seven of the revised petition which deal with the number of parking spaces and the screening and subject to the Special Exception being approved by the Council was made by Mr. Phipps and seconded by Mr. Velleman. Mr. Young? MR. YOUNG: Yes. 29 Area Board of Zoning Appeals—January 4, 2012 MRS. HENRY: Mr. Hawley? MR. HAWLEY: Yes. MRS. HENRY: Mr. Crumlish? MR. CRUMLISH: Yes. MRS. HENRY: Mr. Matthys? MR. MATT14YS: Yes. MRS. HENRY: Mr. VeIleman? MR. VELLEMAN: Yes. MRS. HENRY: Mr. Phipps? MR. PHIPPS: Yes. MRS. HENRY: Mr. Urbanski? MR. URBANSKI: Yes. So the variances with the exception of two and seven which is the buffer and the parking spaces. Now can we send it with a favorable recommendation because they would need...? MR. PHIPPS: Well I think we can send it so I'll make a motion to send it with an unfavorable recommendation but with the recommendation that if it is approved by the Common Council it would be only with the condition that no alcohol would be served. The reason why is, I guess I'm comfortable with this proposed use. It seems to me it's too much like a bar with pool tables,the size, the addition of the outdoor patio, maybe you can make a business for it with non-alcoholic beverage and two pool tables but it doesn't seem logical to me so I'm more comfortable... MR. URBANSKI: 2,000 square foot building. MR. PHIPPS: Yeah, especially if major structural changes to change it from a cleaners to a cafe. Tome it just doesn't quite add up. So I move that we send it with an unfavorable recommendation but the note that the condition that if is approved by the City Council it would include the condition that there be no alcoholic beverages. MR. HAWLEY: I'll second that. MR. URBANSKI: Call for the vote please. 30 Area Board of Zoning Appeals—January 4, 2012 A motion to send the Special Exception to the Common Council with an unfavorable recommendation with the condition that if it is approved by the council that no alcoholic beverages allowed was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. A motion to send the petition for Special Exception to the Common Council with an Unfavorable Recommendation with the condition that if approved by the Council that no alcoholic beverages are allowed 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 not satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for Special Exception was sent to the Common Council with an Unfavorable Recommendation and if the Special Exception is approved no alcoholic beverages are allowed and the petition for variances granted with exception of variance number two and seven as submitted in the revised petition and subject to the Special Exception being approved. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this petition for Special Exception sent to the Common Council with an Unfavorable Recommendation and if the Special Exception is approved that no alcoholic beverages are allowed and the variances granted with the exception of variance number two and seven as submitted in the revised petition and subject to the Special Exception being approved and will issue written Finding of Facts. PETITION FOR VARIANCES GRANTED WITH THE EXCEPTION OF VARINACE NUMBER. TWO AND SEVEN AS SUBMITTED IN THE REVISED PETITION AND SUBJECT TO THE SPECIAL EXCEPTION APPROVED BY THE COMMON COUNCIL PETITION FOR SPECIAL,EXCEPTION SENT TO THE COMMON COUNCIL WITH AN UNFAVORABLE RECOMMENDATION AND IF THE SPECIAL IS APPROVED THAT IT IS WITH THE CONDITION THAT NO ALCOHOLIC BEVERAGES ARE ALLOWED 31 qf RESOLUTION NO. A RESOLUTION OF THE'COMMON COUNCIL OF THE CITY OF SOUTH REND,INDIANA, RECOMMENDING TO THE BOARD OF PUBLIC WORKS THAT IT DESIGNATE MARTIN LUTHER KING DAY AS ONE OF THE HOLIDAYS FOR SOUTH BEND CITY EMPLOYEES BEGINNING IN CALENDAR YEAR 2013 Q6" on November 2, 1983, President Ronald Reagan signed a bill, proposed by U.S. Representative Katie Hall of Indiana, which formally created a federal holiday to honor Rev. Martin Luther King, Jr. The first observance began on January 20, 1986, and has been celebrated each year thereafter on the third Monday of January;and in 1986, the Indiana General Assembly enacted Public Law 2-1986 which established Martin Luther King, Jr's, birthday as a legal holiday in Indiana, and further designated that the holiday would be the third Monday in January;and the county employees in'St.Joseph County and Elkhart County have the opportunity to celebrate MLK Day activities in light of the Board of County Commissioners for both of those counties formally designating the Std Monday in January as a paid county holiday;and the Common Council recognizes that the Board of Public Works specifies the dates each year which will be observed as the nine(9)designated holidays and that during challenging fiscal times in 1987, Martin Luther King Day became one (1) of nine (9) non-designated holidays which a city employee could select and has remained in that classification to this day;and Ofi",the Common Council believes that South Bend City employees who are governed by the Board of Public Works holiday resolution should have the opportunity to celebrate Rev. Martin Luther King, Jr. Day as a designated holiday on the P Monday of January like other county and federal employees;as well as employees of the South Bend Community School Corporation. P,V—, A,itae A-d, 6y d. W. W.1old. /d?.udE 96.d, as follows: Section I. The South Bend Common Council believes that discussions should commence with the City Administration to formally change Martin Luther King, Jr. Day from the "non-designated holiday" list to become a designated holiday for city employees governed by the Board of Public Works. Upon successful conclusion of those discussions, an ordinance would then to,in uced to amend South Bend Municipal Code,Section 2-121, Section II. This Resolution shall be in full for d; fec`t fr6 and after its adoption by the Council and approval by the Mayor. Derek D.Dieter, I"District 'J.Dav'41 'District Henry vis,Jr.,Z° Dis t Derek D.Dieter,At Large Valerie Schey,3r District Gavin Ferlic,At Large Dr.Fred Ferlic,4'h District Karen L.White,At Large r"1� Drner, 5"Di Kathleen Cekanskii-Farrand,Council Attorney re- ohn oorde,City Clerk Pete Buttigieg,Mayor of South Bend %, �tv of South Bend W Coninion Council x + 1865 441 County-City Building e 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter w http://ww southbendiiLgov .President Oliver J. Davis February 8, 2012 Vice-President Karen L. White South Bend Common Council Chairperson, Committee 4"' Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott Re: PROPOSED RESOLUTION MARTIN LUTHER KING DAY,,Iii AS A First District CITY HOLIDAY Henry Davis, Jr. Dear Council Members: Second District We are sponsoring the attached resolution to prompt discussion with the City Third District Valerie Sc Administration in the interest of having the P Monday of January designate Martin Luther King Day, Jr. as a city holiday in South Bend. Fred Ferlic Fourth District As noted in the resolution, the City of South Bend is conspicuously absent in this day being an official city holiday. The State of Indiana, St. Joseph County, Elkhart David Varner County and the federal government are some of the many who designated this day Fifth District as an official holiday many years ago. Oliver J. Davis We look forward to discussing this with your further at Monday's personnel and Sixth District Finance Committee meeting. Thank you. Derek D. Dieter At Large Sincerell : f/ Gavin Ferlic t/ ` At Large 1, er J. his 6t1' District Council Member Karen L. White At Large r Henry D vis, Jr. 2°d District Council Member Attachment A�i `"; NN,fM.. L.1 RESOLUTION Bill No. 12- A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, RECOMMENDING THAT THRESHOLDS AND CRITERA BE DEVELOPED WHEN PUBLIC TAX DOLLARS ARE TO BE INVOLVED TO ASSIST IN LEVERAGING ECONOMIC DEVELOPMENT WITH THE PRIVATE SECTOR c last Fall, the South Bend Common Council adopted Resolution No. 4127-11, which encouraged collaboration between the City Administration, the Redevelopment Commission and the Common Council in the interest of discussing possible options to assist in attracting private investors to provide equity invest for the rehabilitation of the Chase Tower located at 211-213 West Washington in the heart of downtown South Bend;and the Council further notes that Bill No. 81-11 which proposes financial assistance for the Chase Tower is pending in the Council's Community and Economic Development Committee and is scheduled for public hearing on February 27,2012;and Nt Indiana state law sets forth the executive authority and the primary day-to-day activities with the Mayor under Indiana Code § 36-4-4-3; and the legislative authority of the city is with the Common Council as set forth in Indiana Code §36-4-4-4;and the Council acknowledges that"City Plan" was adopted when Resolution No. 3657-06 was adopted which addressed among other things an "Implementation Action Plan" information on expanding economic opportunities; ensuring quality designs; planning and analysis which are in the best interests of the city, as follows: Section I. As discussions continue on what role, if any, the City of South Bend should play with regard to potentially providing financial assistance to foster growth in downtown South Bend, discussions of the following criteria or similar thresholds may be in the best interests of the City: 1. Whether a dollar amount threshold should be established and upon that amount being set, that additional criteria be used to assist in the evaluation process for all potential developers on a specific project; 2. Identification of potential revenue stream(s) which may be under consideration for assistance with the current balances of each, and the proposed uses(short and long-term)for each being listed; 3. Analysis of the potential design/redesign, construction/reconstruction, operation,management,or financing of the cost of the project; 4. Detailed identification of projection costs and the respective responsibilities of all parties in any public-private partnership meeting the dollar threshold addressed in 11; 5. Discussion of retaining any percentage of revenues received in the operation and management; 6. Discussion of capital outlay costs and the interest and principal repayment; 7. Discussion of the costs associated with operation, management and maintenance; ; � '! Citir South e Common Council x x 1865 441 County-City Building . 227 W Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendin.gov President February 8, 2012 Oliver J. Davis Vice-President The South Bend Common Council 4"' Floor County-City Building Karen L. White Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: proposed Resolution to Assist in Leveraging private Sector Economic Tim- Development First District Dear Council Members: Henry Davis, Jr, Second District We are sponsoring the attached resolution in the interest of promoting discussions Valerie Sch on meaningful methods and criteria as to when city dollars may be appropriate to Third Distri ct be used to help leverage economic development with the private sector. Fred Ferlic In October 2011 the Report of the Task Force on Baltimore City Public/Private Fourth District Development Financing Efforts was published. In addition to recommendations for the City of Baltimore, it highlighted "best practices"from other communities David Varner which focused on: Fifth District a Processes used for awarding and monitoring TIF Oliver J. Davis a Whether TIFs were"being committed at the expense of neighborhood Sixth District Priorities" Derek D. Dieter a Recommendations for improvements so that there would be a "greater and At Large consistent return", improved communications; improved transparency, etc. ® Working in "priority"areas in neighborhoods Gavin Ferlic ! Forming policies to "minimize the possibility of favoritism", etc. At Large Karen L. White In light of Bill No. 81-11 being continued to the February 27'h Council meeting at At Large the request of Mayor Buttigieg, we thought that having discussions on the items addressed in the attached resolution would prove helpful. We look forCWard t discussing this with you further. S' c r I G h is oun 'I.Memb r FEB 2na Distri ouncil Member -� JOHN e?' Attachment RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITE'OF SOUTH BEND, INDIANA, APPROVING LOCAL SERVICE AGREEMENT FOR PUBLIC EDUCATION AND GOVERNMENT ACCESS CHANNEL WHEREAS, On May 9, 2011 this Council adopted Resolution #4099-11 supporting community-wide public access television for the broadcasting of public, educational, and governmental programming, and recommending that this be done cooperatively with South Bend, Mishawaka, St. Joseph County, and the private sector; and WHEREAS, pursuant to Indiana Code §§'s 36-1-7-2(b) and 36-1-7-12, the City of South Bend ("South Bend"), the City of Mishawaka ("Mishawaka"), and St. Joseph County ("County") desire to enter a cooperative service exchange agreement by which the not-for-profit corporation/public television station WNIT ("WNIT") will provide and maintain a Public Access or Public Education and Government ("PEG") Channel 99, through which will be broadcast to the citizens of St. Joseph County, Indiana, and throughout the WNIT service area, government programming and other matters of public interest including South Bend, Mishawaka, and St. Joseph County Council meetings and mayoral and County executive messages; and WHEREAS, the Service Exchange Agreement between the local political subdivisions is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the total cost of those services to be performed by WNIT is $85,000.00 annually which shall be shared per the formula set forth in Exhibit "A"; and WHEREAS, South Bend's share of costs for the governmental and broadcast services to be performed by WNIT for calendar year 2012 were appropriated in the South Bend annual budget for 2012; and WHEREAS, the South Bend Board of Public Works has approved this Agreement (Exhibit "A") subject to review and approval of the South Bend Common,Council; and WHEREAS, ongoing pubic education is essential to an informed citizenry, and the prompt installation of PEG 99 by WNIT is in the best interests of South Bend and its citizens. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Local Service Agreement for Public Education and Government Access Channel 99, attached hereto and incorporated herein as Exhibit "A" is hereby and in all ways approved, and the Mayor of South Bend is authorized to execute this Agreement on behalf of South Bend, Section ll. The South Bend Board of Public Works shall do all things necessary and appropriate to effectuate the terms of the Agreement and is designated as South Bend's agent for the performance of those duties allocated to South Bend under the terms of Exhibit "A". Section 111. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Common Cou cil N1 07 Ai-PI:0 VE• LOCAL GOVERNMENT SERVICE EXCHANGE AGREEMENT FOR PUBLIC EDUCATION AND GOVERNMENT ACCESS CHANNEL 99 WHEREAS, the City of Mishawaka ("Mishawaka"), the City of South Bend ("South Bend"), and St. Joseph County("County") exist and operate as political subdivisions of the State of Indiana as defined by Ind. Code § 36-1-2-13 and are authorized to enter into a Service .Purchase and Exchange Agreement pursuant to Ind. Code § 36-1-7-2(b) and 36-1-7-I2; and WHEREAS, WHIT, a not for profit corporation, is a public television station created under Indiana law and with a service area that includes all of St. Joseph County, Indiana; and WHEREAS, Mishawaka, South Bend and County collectively desire to enter into an agreement with WHIT providing for Public Access or Public Education and Government (PEG) Channel 99 professional operation and management services, with respective contribution to the cost of operation and maintenance in 2013 forward based upon each entity's proportionate share of cable franchise fee revenue remitted to each by the State of Indiana; and WHEREAS, the three municipal corporations agree that a PEG is a benefit to all municipalities because it helps to create well informed citizens; and NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Purpose South Bend, Mishawaka and County agree that it is necessary and in the public's best interests to retain WNIT to operate and manage a public access channel 99. Mishawaka, South .Bend, and County are each willing to provide certain funds toward the attached scope of Sol-vices totaling 585,000 for 2012 and for each year thereafter. For the purposes of this Agreement, the tern? "Project" shall mean the operation and management of Public Education and Govemment Public Access Channel 99, The Project shall include arranging to connect to broadcast head end and maintain community calendar and review and schedule programming appropriate to Public Access within community nom-is established by its broad based community advisory board. South Bend, Mishawaka, and County agree that programming hours allocated to each of them shall be roughly proportionate to their respective ratio of contribution to total annual cost of the Project. Public Access programming emphasis will be on Public, Education and Government programming — periodic Mayor's messages, Commissioners' messages, Council meetings or broadcast other significant public interest public meetings on important conimunity issues. Various groups or individuals may produce creative programs of a wide range of content which will be aired subject to schedule availability and managed priorities as well as compliance with community standards of the advisory board formed and staff supported by WNIT. Il. Duties A. South Bend hereby agrees as follows: I. Pursuant to this Agreement and in accordance with the laws of the State of Indiana, South Bend, through its Board of Public Works shall enter into contracts with WHIT for specialized professional services for the operation of a PEG. 2. South Bend shall enter into contracts and snake purchases it deems reasonably necessary to complete the Project. Any contract let shall be subject to the funds identified for the Project. 3. South Bend shall supervise and administer all contracts with WNIT and others concerning the Project. 4. In 2012 South Bend shall pay $65,000.00 of the Project Funds and no more than $43,000.00 every year thereafter in accordance with this Agreement. 5. South Bend shall handle all service issues with WNIT on behalf of itself and the other municipalities to this Agreement. B. Mishawaka hereby agrees as follows: I. Mishawaka shall pay $10,000.00 in 2012 and $13,000.00 every year thereafter- of the Project funds to the Controller of the City of South Bend, with said monies to be used in accordance with this Agreement. 2. Mishawaka shall report any service issues to South Bend. C. St. Joseph County agrees as follows: 1. St. Joseph County shall pay$10,000.00 in 2012 and$29,000.00 every year thereafter of the Project Funds to the Controller of the City of South Bend, with said monies to be used in accordance with this Agreement. 2. St, Joseph County shall report any service issues to South Bend, Ill. Administration I. This Agreement shall be administered by the Board of Public Works for the City of South Bend, which is appointed by the Mayor of the City of South Bend pursuant to the laws of the State of Indiana and the Ordinances of the City of South.Bend, 2. The Controller of the City of South Bend shall have the duty of receiving, dispersing, and accounting for all the monies of this joint undertaking, and shall make payments upon authorization from the Board of Public 'Works of the City of South Bend. South Bend's administration of this Project shall not make it the guarantor, or liable for payment owed to WNIT by the County or Mishawaka. IV. Duration This Agreement shall expire on February 1, 2017. Funding is subject to annual appropriation of the fiscal bodies of each jurisdiction. Any monies which are outstanding at the end of the terns shall be distributed on a pro rata basis to the parties, based upon the ratio set forth in Section 11 for the years 2413 and beyond. This Agreement may be extended by mutual agreement upon expiration of the contract term, and the terms for ratio of contribution by the parties may be modified by agreement for years 2014 through February 1, 2017 based upon proportional receipt of cable franchise fee revenue. V. Su p Iemental Documents South Bend, Mishawaka. and County agree to execute any and all supplementary documents and to take any and all supplementary steps as are reasonable and appropriate to accomplish the purposes and provisions of this Agreement. Vl. E-VerifyPrograin The Parties affirms under the penalties of perjury that they do not knowingly employ an unauthorized alien. The Parties shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1,7-3. The Parties shall not knowingly can-ploy or contract with an unauthorized alien. The Parties shall not retain an employee or contract with a person that the Parties subsequently learn is an unauthorized alien. The.Parties are not required to participate in the E-Verify program should the E- Verify prograrn cease to exist. Additionally. a Party is not required to participate if it is self-employed and does not employ any employees. The Parties shall require the respective subcontractors, who perform work under this contract, to certify to the appropriate patty that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating; in the E-Verify program. The Parties agree to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the any Party fails to cure a breach of this provision no later than thirty(30) days after being notified by the City. VII. Minor ty and„Woniens Enterprise Diversity Development Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of cemployment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does riot affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, ,public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. VIII. Limitations of Liabilit, for Protect Activity South Bend, Mishawaka and County acknowledges that none shall be liable to any party for completion of or the failure to complete any activities which are an obligation of WNIT to perform under this Agreement related to the .Project, and each party agrees to indemnify, defend, and hold harmless the other parties to this Agreement and their respective agents, officers, and employees from all claims and suits of any nature whatsoever arising from WNIT's performance of duties assigned under this Agreement, from all judgments, and or expenses in hereto. IX Corl3orate Authority The persons signing on behalf of the respective Parties represent that he/she has been duly authorized to execute this Agreement, and has obtained all necessary and applicable approvals to make this Agreement fully binding. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be effective as of January 3, 2012. The parties have read and understand the foregoing terns of this Agreement and do, by their respective signatures hereby agree to its terms. CITY OF MISHAWAKA,INDIANA CITY OF SOUTH BEND, INDIANA '�� � ly AKJ Signature Signature C—ci s Printed Name,Title Printed Naive,Title Date: _ - , 20 t —Ja ar' "'.". , 20 r 3. Signature,Title Si nature,T tle -bC)no!A C, -1-P, i �► ?; Printed Name,Title Printed!Name,Title Date: , 20 �. Date; C.Inurr-c, „-7s 20 lA Signature Signature Printed Name,Title Fainted]Name,Title Date: , 20 Date , 20 (Signature Page 1 of 2 to Local Government Set viee Exchange Agreement by and among City of South Band! City of Mishawaka, St. Joseph County and TfflT elated 2011) ST,JOSEPH COUNTY Signature Printed Name,Title Date: 20 Signature Printed Name,Title Date: 20 Signature Prinwd Nme Printed Name.Title Date: 20 (Signature Page 2 ref 2 to Local Gowwiment Service Exchange Agreement by and among City(?f South Bend, City qfMishawaka, St. Joseph County and kMT dated 2011) Filed iv FEB 00 Olt JOHN CITY CLERK, H SEND,IN a�5ov 1400Cou -CnyBuLDTNG �/ �,���\ �j� PxoNa 5741235-9241 227 W.)EFFFRSON Bout vAafl W�� MACE f-�i FAx 5741235-7670 Somm BENo,INDiANA 46601-183 0 d+ `5 " r 1865 CITY of SOUTH BEND PETE BUTnGIEG,MAYOR .DEPARTMENT OF IAw A1.ADFJAN K DERos1i Q,ryATroRNEY,AD INTERIM February 7, 2012 Mr, Derek Dieter President, South Bend Common Council 4 I Floor, County-City Building South Bend, IN 46601 Re: Resolution Approving Local Service Agreement for Public Education and Government Access Channel Dear President Dieter: On May 9, 2011 in its Resolution No. 4099-11 adopted that date, the Common Council expressed its desire to have an operating public education and government television channel. The City Administration agrees that this is a valuable public project. After several months of planning and conferring with the City of Mishawaka, the County of St. Joseph, and WNIT Television, South Bend has arrived at a Local Service Agreement with these entities that will provide a pubic and government access channel through the services of WHIT Public Television. The attached Resolution requests your approval of this Agreement which provides for cost sharing of this resource. Mr. Gary Gilot will make the presentation of this Resolution to the Common Council at its Committee and regular meeting on February 13, 2012. The Council's favorable consideration of this Resolution is requested. Sincerely, Aladean M. DeRose City Attorney, A.I. AMD/cw cc: Pete Buttigieg in Clerk's & . Gary Gilot Mike Schmuhl r CHERYL A. GREEN E ANN-CAROL.NASH ANDREA L.BEACHKOEM LAWRENCE J.METE V.FR JEFFREY L. SANFORD ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East/West Alley North of LaSalle Street, West of St. Peter Street and the first North-South Alley West of St. Peter Street, North of LaSalle Street. The Street is described as: St. Peter Street running North from the North right-of-way line of LaSalle Street. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE C0N1MDN COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: The first East/West Alley North of LaSalle Street, West of St. Peter Street (Approx. length-179 ft.) and the first North-South Alley West of St. Peter Street, North of LaSalle Street (Approx. length-210 ft.) . The Street is described as: St. Peter Street running North from the North right-of-way line of LaSalle Street (Approx. length-212 ft.) to its' termination point. All situated in the Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend, Recorded in Plat Book 1, Page 49, in the office of the recorder of St. Joseph County, Indiana, hereby determines that it is desirable to vacate said property. SECTION I1. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. SECTION III. The fallowing property may be injuriously or beneficially affected by such vacating: Tax Key Number 018--5019-0656 Tax Key Number 018-5020-068401 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of the Athletic Field for St. Joseph High School properties located. along LaSalle Avenue and St. Louis Blvd. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2010, at o'clock M. City Clerk Approved and signed by me on the day of 2010, at o'clock .M. MAYOR, CITY OF SOUTH BEND, INDIANA r JAIN ;r-zOT APPROVEJ3 REFERRED Wwv. .... . .. . . PASSED TO: THE COMMON COUNCIL DATE: December 13, 2011 OF THE CITY OF SOUTH BEND, INDIANA I (WE) , THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: The first East/West Alley North of LaSalle Street, West of St. Peter Street (Approx. length-179 ft.) and the first North-South Alley West of St. Peter Street, North of LaSalle Street (Approx. length-210 ft.) . The Street is described as: St. Peter Street running North from the North right-of-way line of LaSalle Street (Approx. length-212 ft.) to its' termination point. All situated in the Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend, Recorded in Plat Book 1, Page 49, in the office of the recorder of St. Joseph County, Indiana. NAME (sicgned & Printed & ADDRESS Tax Key Number Diocese of Fort Wayne South Bend, Inc. 018-5020-068401 915 S. Clinton Street 018-5019-0656 Fort Na y e, Indiana 46801 For Diocese of Fort Wayne South BendV Inc. CONTACT PERSON. Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 ; .. -� b. ANnn �' Z / 00 00 oft 01850204OW1 0 % e E # 150' H-------- 179' I 9 r � a 212' i a � � COY � A t � � d • d r - cm eh m / it f? r Y] er lf r 3 nT IA T n T w7 0 e y 18 9 - . 50 in i 4W1C 5 00 d C> n ' m CO W 0 uo 411- %— —_r„ r T n o 0 0 0 0 o r.s a 018.5016-0521 to r 01&50154487 ° 018-0015--0476 08-6016-0522 0 i 7?1 LEGAL DESCRIPTION- The street to be vacated is a portion of St Peter Street from LaSalle Street North to the first East/West alley for a distance of 212 feet and a width of 66 feet. The first alley to be vacated is the first North/South alley West of St Peter Street from LaSalle Street North to the first East/West alley for a distance of 212 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of LaSalle Street from St Peter Street West to the West right of way line of the first North/South alley for a distance of 179 feet and a width of 14 feet. All being a part of Samuel L. Cottrell's Addition to the Town of Lowell, now City of South Bend, Portage Township, City of South Bend, St. Joseph County, Indiana. Mary Ann Hatch/Gladys L Crank Colip Real Estate LLC Cory Defebaugh Life Estate to Trust PO Box 535 Margaret Shafer 2140 Barnett St Bridgman, MI. 49106 1220 N. Kaley Oxnard, CA. 93033 Tax Key#018 5015 0472 South Bend, IN. 46617 Tax Kav#01 R 501 F n471 Tax KPv#01 R 5n19ii 1747:3 Colip Real Estate LLC Colip Real Estate LLC Leeann C Rappelli PO Box 535 PO Box 535 PO Box 644 Bridgman, MI. 49106 Bridgman, MI. 49106 Notre Dame, IN. 46556 Tax Key#018 5015 0474 Tax Key#018 5015 0475 Tax Key#018 5015 0483 Gross & Cohen Notre Dame LLC Dan Hamilton Dan Hamilton 832 N.Norte Dame Ave PO Box 1623 PO Box 1623 South Bend, IN. 46617 South Bend, IN. 46634 South Bend, IN. 46634 Tax Key#018 5015 0484 Tax Key#018 5015 0485 Tax Key#018 5015 0486 Kerri Kramer Leeann C Rappelli Kerri Kramer 812 LaSalle PO Box 644 13937 Hearthside South Bend, IN. 46617 Notre Dame, IN. 46556 Granger, IN. 46530 Tax Key#018 5016 052001 Tax Key# 018 5016 0520 Tax Key#018 5016 0521 d in cler" ��= L)FIA Danch, Harner & Associates, Inc. MICHAEL J. RANCH, L.A. Land Surveyors m Professional Engineers RON HARNER, P.S. Landscape Architects m Land Planners January 25, 2012 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46501 RE: Vacation Petition for the Alleys and Street to be vacated are described as: The first East/West Alley North of LaSalle Street, West of St. Peter Street (Approx. length-179 ft. ) and the first North-South Alley West of St. Peter Street, North of LaSalle Street (Approx. length-210 ft.) . The Street is described as: St. Peter Street running North from the North right-of-way line of LaSalle Street (Approx. length-212 ft. ) to its' termination point. All situated in the Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend, Recorded in Plat Book 1, Page 49, in the office of the recorder of St. Joseph County, Indiana. Dear Council Members: Our client, the Diocese of Fort Wayne South Bend Inc. , are requesting the approval of the Vacation for the above, described Alleys and the Southern portion of St. Peter Street. The reason for this request is to allow for future development of the proposed St. Joseph High School Athletic fields located along the North side of LaSalle Street between Notre Dame Avenue and St. Louis Boulevard. The Petitioner believe that vacating the above-mentioned Public right-of-ways will not have a detrimental effect on the adjacent properties located along this portion of LaSalle Street between Notre Dame Avenue and St. Louis Boulevard. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, LF11c_1 r; FJim Michael J. Danch ; President Danch, Harner & Associates, Inc.File #110177 hid r s B e� .vf •^rM.Afy+vpy.W.MiMa�py 1643 Commerce Drive South Bend, IN 46628 208 West Mats ® Berrien Springs, M149103 Office 5741234-4003 � 8001594-4003 e Fax 5741234-4119 ofrim 2691471-3010 a Fax 7Rg1d71-7717 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY OF SCOTT STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-'WAY LINE OF SOUTH STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY OF SCOTT STREET TO THE SOUTH RIGHT-OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS FOR A DISTANCE OF 750 FEET, PLUS OR MINUS AND A WIDTH OF 80 FEET. A SECOND PORTION TO BE VACATED OF SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET FOR A DISTANCE OF 63.49 FEET, MORE OR LESS AND A WIDTH OF 80 FEET. SAID RIGHT- OF-WAY BEING A PART OF STUDEBAKER CORP. REPLAT AND STATE BANK OF INDIANA PLAT OF OUTLOTS, TOWN (NOW CITY) OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018-3043-1655 018-3043-165407 018-3043-165408 018-3043-165409 SECTION IV. The purpose of the vacation of the real property is to create and further development opportunities on the former Millennium Environmental site and allow connectivity through development to the Union Station site and the Ivy Tower complex. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council l"1LLeSt. Signing C! �.�:._ m4 i' fir.}''� 57 an Y opporturlity and City Clerk 09unw&OWO on this issue# 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 ,ndiana l o :F °a sn s PURUC HEAPING 3 rd REAM 'G B 1 NOT APPROWO POPEPRED PASSED �rawt :r PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETSIALLEYS TO THE COMMON COUNCIL DATE: 2/612012 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: NIA B. THE STREET DESCRIBED AS: The street to be vacated is a portion of United Drive (Prairie Avenue) from the east Right-of- Way of Scott Street to the south Right-of-Way line of the Norfolk and Southern Railroad overpass for a distance of 750 feet , plus or minus and a width of 80 feet. A second portion to be vacated of said United Drive beginning at the north Right-of-Way line of said Norfolk and Southern Railroad overpass thence North to the south Right-of-Way line of South Street for a distance of 63.49 feet, more or less and a width of 80 feet. Said Right-of-Way being a part of Studebaker Corp. Replat and State Bank of Indiana Plat of Outlots, Town (now City) of South Bend, Portage Township, St. Joseph County, Indiana. NAME (signed &printed) ADDRESS LOT# CONTACT PERSON (S) NAME: Mikel Currier, PLS Wi htman Petrie Inc. RETURNTO: v.,_,- _ ..__.... ..... ._.._ .. _, _.....�.e OFFICE OF THE CITY CLERK ADDRESS: 412 S. Lafayette lvdEad Ire C' ofk'. Offii JOHN VOORDE, CITY CLERK South Bend IN 4 601 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 FF 9r 0 7 ZQ� 574-235-9221 PHONE: (574)232-4388 4 01&3013.1600 3 s a 01&30133-780] 8aum or 014.00134"M1 _ r � / ora-3�u-re�wo r / / a / 3 100409 078-90445737 010-9044-1094 1&3044.1080 , / 01840444993 r r 97e-aeuhsea r 46� � i � co 6'�: :_ ra 9944reeeul� ' 150' � 1 ter• � � u 0 019.3043-165404 � LEGAL DESCRIPTION: The street to be vacated is a portion of United Drive (Prairie Avenue) from the East right of way of Scott street to the South right of way line of the Norfolk and Southern railroad over pass for a distance of 750 feet, plus or minus and a width of 80 feet. A second portion of said United Drive starting at the North right of way line of said Norfolk and Southern railroad over pass then North to the South right of way line of South Street for a distance of 63.49 feet, more or less and a width of 80 feet. Said right of way being a part of Studebaker Corp Replat and State Bank of Indiana Plat of Outlots, Town now City of South Bend, Portage Tn.ro1 r. C4 Inconh ('niin+ke lnrisrn.i Gels County Parcels MAIL PRO MAILINGAD MAILIN PROP ADD P_S PROP ZI Rec PARCELID NAME_? D MAILINGCIT INGS GZIP R PROP CI'T'Y TAT P TA E CITY OF SOUTH BEND 7009 2820 0003 9311 01188 018-3043- BUILDING CORPSES 1400 County- 101 W 1 165404 NOTES City Bldg South Bend IN 46601 SAMPLE South Bend IN 46619 7009 2820 0003 9311 0201 018-3046- NELSON DEE LLCSEE 840 Unite 211772 NOTES Dr :So uth Send iN 46601 U Bend IN 46601 MECHANICS LAUNDRY& 7009 2 8 2 0 0003 9 311, 0 218 SUPPLY INC CIO CINTAS 6800 Cintas 018-3044- CORPORATION1212003 Blvd Po Box $35 PRAIRIE 4 168801 PROS DEED SURVEY 625737 Cincinnati OH 45262 AVE 46625 018-3044- MODEL COVERALL 777SScott 70 09 2820 0003 9311 4225 5 1688 SERVICE INC. St South Bend 1 46607 717 SCOTT 46625 7009 2820 0003 9311 0232 018-3044- AB CUSTOM FABRICATING PO BOX 1713 SCOTT 6 1683 LLC 4742 South Bend IN 46634 F11 46621 7009 2820 0003 9311 0249 018-3044- A 8 CUSTOM FABRICATING co 707 S 71664 LLC Ist South Bend IN 46607 1 SCOTT ST 46621 018-3043- P O Box 600 PRAIRIE 8 165408 IVYTOWERCORP 1228 South Bend IN 70111 2780 0000 5580 5727 7010 2780 0000 5580 5734 600 VAC 018-3043- ox LOT ON 9 165409 IVY TOWER CORP 1228 South Bend IN 46624 PRAIRIE AV 46625 CITY OF SOUTH BEND FOR 227 W 7010 2780 0000 5580 5741 018-3043- THE USE AND BENEFIT OF Jefferson 604 S 101655 DEPT OF REDV Blvd ste1200 South Bend IN 46601 SCOTT South Bend IN 46616 7010 2780 0000 5580 5758 18 LOT ON 018-3043- CITY OF SOUTH BEND 1 PRAIRIE 12 165407 BUILDING CORP ity Bldg South Bend IN 46601 7.803 AC AV I 46618 ilk 4� i•'j^* LEGAL DESCRIPTION The street to be vacated is a portion of United Drive(Prairie Avenue)from the east Right-of-Way of Scott Street to the south Right-of-Way line of the Norfolk and Southern Railroad overpass for a distance of 750 feet, plus or minus and a width of 80 feet. A second portion to be vacated of said United Drive beginning at the north Right-of-Way line of said Norfolk and Southern Railroad overpass thence North to the south Right-of-Way line of South Street for a distance of 63.49 feet, more or less and a width of 80 feet. Said Right-of--Way being a part of Studebaker Corp. Replat and State Bank of Indiana Plat of Outlots, Town (now City)of South Bend,Portage Township, St. Joseph County, Indiana. FEB 07 Z 0 � I. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 730 & 734 South 29"' Street South Bend,Indiana 46615 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning,Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council;and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted from the property located at: 730 & 734 South 29' Street, South Bend, Indiana 46615 in order to permit: Special Exception to operate a Child Care Facility without the Owner/Operator residing at said facility in a R Zoned District. 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, 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: —SpeciatUseResotutionCity.doc 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is ,subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in fuffl force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council tie",,; ' ass's PRESENTED NOT APPROVES JkDOPTEA t —SpecialUseResolutionCity.doc ...:.. s LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING —CONSTRUCTION ENGINEERING 1 � 715 SOUTH MICHIGAN STREET• SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 * FACSIMILE 574/674-0374 WILLIAM D.LANG,PRES. JOHN B.FEENEY, L.S. INDOT PREQUALIFIED: TERANCE D.LANG,L.S. SUB-DIVISIONS 5.4 ECOLOGICAL SURVEYS BOUNDARY SURVEYS 5.5 WETLAND MITIGATION CONSTRUCTION SURVEYS 6.7 TOPOGRAPHIC SURVEY DATA COLLECTION PUBLIC WORKS PREQUALIFIED Area Board of Zoning Appeals 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Re: Variance Petition - Wee Friends C/O Tami Barbour 701 S. Ironwood Drive South Bend, IN. 46615 (574) 234-6037 To the Honorable Board, The petitioned parcels are located at 730 & 734 South 291h Street, south Bend, IN. 46615 in Portage Township. The parcels are on the East side of 29th Street approximately 210 feet North of Walls Street. It is zoned.R and contains two houses and two garages. The owner is in the process of operating a child care facility. A special variances is requested to operate said child care facility without the owner/operator residing at said facility. Therefore to rectify this situation and meet the zoning ordinance, we ask the Board to grant a variance from the owner/operator residing at said child care facility to not residing at said child care facility. The approval of this variance will not be injurious to the public health, safety, comfort, Community moral standards, convenience or general welfare of the community. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and, the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. If there are any questions regarding the above, please contact our office at your earliest convenience. Sincerely, Terance D. Lang -sp"wusewritcen PetttionCiry.Ooc N d H I d � � � _ d o N o I h q z Vyl F C M C Y N .q Q o :0 N 4;1 } y ^ fn cn c vi m m o a° n N c+ UI o a Z w �_ _ �g 0 p, N O prp�r'�oo (�n� WW f-I�»y1 C srl 4 b ^ Vk C] k TZ v! Q W o1, f°1 a_ a- M1 !1 7 Z Q C 1D L 0;7 l�iF `K © r S1 II N '"� li ck�!�'� m W o Lom v! n CL i 14 Alley � - 42.00' A2.00' _ 42.00' _ !- .I 42,QQr C-i Ul F,4 o i o m r w ^124' „=ra1 W � � j n 4 g\ .- .p 1 58 n 30 r 18,4' ?.&' 4:QQ' 42.40' 42.. 42.00 m q o, o x 29th Street k'm° 018-6085-3053 018-6084-2949 01 8-6084-2948 Betty Taulbee Revocable Trust Charles E. Rice Richard &Johnneen Mossell 753 30'h Street 809 30" Street 2918 Wall Street South Bend, IN. 46615 South Bend, In. 46615 South Bend, Indiana 46615 018-6067-2292 018-6067-2279,018-6076-2638&2652 018-6076-2670 Christine M. Herninger Evangelical Lutheran Church Douglas J. & Sierra McDonald 802 29" Street Of Our Redeemer & Gail M. McDonald South Bend, IN. 46615 805 S. 29 Street 2913 Wall Street South Bend, IN. 46615 South Bend, IN. 46615 018-6076-2668 018-6076-2666 018-6085-3050 Timothy A. &Robin Spencer James Michael Banner Pat C. Bateman 601 Penn Street 2901 Wall Street 50861 Mercury Drive Reading, PA. 19603 South Bend, IN. 46615 Granger, IN. 46530 018-6076-2664 018-6076-2662 018-6076-2648 Edward S. Magee Tami Barbour Marvin E. & Mary L. Hartzell 742 S. 29th Street 701 S. Ironwood Drive 733 S 29`h Street South Bend, In. 46615 South Bend, In. 46615 South Bend, In. 46615 018-6076-2634 018-6085-3044 018-6076-2651 Kim E. & Rebecca N Egendoerfer Jacob P. Korenstra Brain K. & Joanne S. Weaver PO Box 933 2915 Wall Street Po Box 6766 Mishawaka, 1N. 46546 South Bend, IN. 46615 South Bend, IN. 4660 018-6076-2637 018-6076-2658 018-6076-2644 Cheryl D. Jolly Leya C. Holland Kimberly E. Widman 748S. 28 tb Street 720 S. 29" Street 2400 Andrew Ave. Apt.603 South Bend, IN. 46615 South Bend, In. 46615 LaPorte, IN. 46350 018-6076-2630 018-6085-3046 018-6076-2665 Edward M & Sandra Lee Winchell Joan Yoder Gregory P. Tingle 718 S. 28"'Street 746 S. 30" Street 70071 County Road 3 South Bend, 1N. 46615 South Bend, IN. 46615 Nappanee, IN. 46550 018-6085-3045 018-6085-3020 018-6085-3019 Carl C. Cole Maps Real Estate Mgmt. LLC Craig J. & Linda M. Dunivent 745S. 3 01h Street PO Box 463 14 Shadowlake Ct. South Bend, IN. 46615 South Bend, IN. 46624 Bruinswick, GA. 31525 018-6085-3042 018-6076-2650 018-6076-2636 Aaron M. Tobias Ralph M. & Sharon L. Burget Kevin Craig Angie M. Tobias 741 S. 291h Street 10448 Alta Loma Drive 742 S. 30'h Street South Bend, 1N. 46615 Rancho Cucamonga, CA. 91737 South Bend, IN. 46615 018-6085-3041 018-6085-3036 018-6085-3035 Philip G & Georgia G Niswonger Thomas S & Shelley Morris Phil C. Simonelis 741 S. 30th Street 10844 Minniear 733 S. 30th Street South Bend, 1N. 46615 Osceola, IN. 46561 South Bend, IN. 46615 018-6076-2663 018-6085-3039 018-6076-2649 Wade C&Patricia S Silva Leslie& Beverly J Selig Trust 738 S 29th Street 38 S. Ath Stye 737 S. 29th Street South Bend, IN. 46615 738 S. 34 Street South Bend, IN. 46615 South Bend, IN. 46615 018-6076-2635 018-6085-3038 018-6085-3032 Robert C&Mary S Barkley W R& Carolyn S Woodyard Matthew D& Deak Melaura Jayne 738 S. 28" Street 737 S 30th Street 737 S. 30"Street South Bend, IN. 46615 South Bend, IN. 46615 South Bend, 1N.46615 018-6076-2647 018-6076-2661 018-6076-2657 Michael S &Angela Frye Charles S. & Tami L Barbour Lester L &Lynda Snider 729 S 290 Street 730 S 29th Street 716 29th Street South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 018-6076-2643 018-6085-3016 018-6076-2629 Angelika E Mueller John H& Frances M Feiner Jessica Weldy 1442 Longfellow Ave. 713 S 30th Street 714S28 1h Street -South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 018-6085-3013 018-6076-2642 018-6076-2628 Timothy R Dill Larry A Potts Martin A Layman 709 S 30" Street 855 E Mishawaka Road 710 S 28th Street South Bend, IN. 46615 Elkhart, IN. 46517 South Bend, IN. 46615 018-6076-2633 018-6085-3031 018-6085-3010 Dwight& Denise Mattox Maria Cartes Theresa M. Tierney 730 S 28th Street 729 S 30th Street 705 S 30th Street South Bend, IN. 46615 South Bend, IN. 46615 South Bend, In. 46615 018-6076-2655 018-6076-2641 018-6076-2660 .Kevin A. Sr& Rhonda Davies Carlos Norberto Ramirez-Aleantara Timothy A&Debra L Ramer Revocable Living Trust Alejandra Gomez-Flores to 706 S 29" Street 705 S 29"Street 726 S 29 Street South Bend, IN. 46615 South Bend, IN. 46615 South Bend, 1N. 46615 018-6076-2646 018-6076-2632, 018-6076-2631 018-6085-3029 Robert Dean George Lorri R Fuller Andrew&Hannah Troyer 725 S 29th Street 728 28th Street 7263 Oth Street South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 018-6085-3028 018-6085-3023 018-6076-2659 Sharon Lee Farris Norman E&Ingrid H Bryan Vera Whitesel 725 S 30th Street 722 S 30th Street 722 S 29th Street South Bend, IN. 46615 South Bend, IN. 46615 South Bend, In. 46615 018-6085-3022 018-6076-2645 018-6076-2656 Donald Stante &Jerry Stante Matthew R Evans Dennis A&Amy M Rhoads 53123 St. Abbs Ct. 721 S 29 Street 710 S 29"Street South Bend, IN. 46635 South Bend, IN. 46615 South Bend, IN. 46615 018-6076-2654 018-6085-3004 018-6085-3005 Kimberly D Whitaker Walter E & Lois Parker Joseph NI& Virginia Dworecki 702 S 29`h Street 2926 E Hastings 701 S 30`h Street South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 018-6076-2640 Gregory King 701 S 29th Street South Bend, IN. 46615 I1 w ti j i rW \4`I I �"t ;✓ ,'€ � €Ilya ai ' � i h a 1 . �n ....- �®Gb 11 V6 ^" - 46y y LI t:• a ,n v°i 'f �" by�%`l-: �� ' �"�''}✓$�'kf �6 E.P Zb..,^''.} ,9y5 P�t�y,3:5.-: Y,b y29 .:`Cr "-ems' ,!.: °r, r< .. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 February 2, 2012 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 211/12 Dear Council Members: The above referenced petition of Wee Friends was legally advertised on January 19, 2012. The Area Board of Zoning Appeals gave it a public hearing on February 1, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a child care facility in a "SF2" district, on property located at 730 & 734 S. 29" 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/cab WEE FRIENDS SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1, THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety,morals, and general welfare of the community. 2_ THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH I IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 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 REGDM9MIENDAYION ADOPTED this I st Day of FEBRUARY,2012. YES NO 0 MICHAEL URBANSKI ABSENT" RANDALL MATTHYS Q JACK YOUNG xQ GERALD PHIPPS x� ROBERT HAWLEY Q JOE VELLEMAN ED BRENDAN CRUMLISH VI) (L-0 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT: 1902 WESTERN AVENUE, SOUTH BEND,INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; 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 has made a recommendation,pursuant to applicable state law. NOW'THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1902 Western Avenue, South Bend, Indiana In order to permit the use of the property as a bar/nightclub consistent with its past historic uses. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTTION 111. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The Proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land use authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common council and approval by the Mayor. � 1� (h ( L Merriber of the Common Coukcil AppROVEOI BEFORE TIRE AREA BOARD OF TONING APPEALS CITY OF SOUTH BEND,INDIANA PETITION FOR SPECIAL EXCEPTION FOR PROPERTY AT 1902 WESTERN AVENUE SOUTH BEND,INDIANA Comes now the Petitioner,Janiecesha O'Neal,and Petitions the Board for a Special Exception to permit the use of the improved property at 1902 Western Avenue in the City of South Bend as a bar/restaurant/nightclub and for a variance from the required 84 parking spaces to)�. in support of her petition,Petitioner would show the Board the following: Name of Petitioner: Janiecesha O'Neal Address of Petitioner: 1017 N. Meade Street, South Bend,Indiana 46628 Phone No.: 574-300-7804 STANDARDS FOR VARIANCE(Ind. Code Sec.36-7-4-918.5): 1. The approval sought by the Petitioner will not be injurious to the public health,safety, morals or general welfare of the community welfare for the reason that the proposed use is consistent with other uses found generally in the neighborhood in which the subject is situated and as proposed is a legal use and readaptation and renovation of an existing vacant and presently unused building. 2. Given the surrounding land uses which are predominately commercial and retail along Western Avenue and the proposed improvements to the property being made in anticipation of its proposed future use,the area adjacent to the property will not be affected in a substantially adverse manner. 3. The strict application of the zoning ordinance will result in practical difficulties in the'use of the property by resulting in the continued disuse and deterioration of the building and for the reason that alternative uses of the structure which was formerly configured as a bar/nightclub are not likely practically or economically feasible within sound economic reality. The individual presenting this matter before the Board and the Common Council is: Bruce D.Huntington,Attorney-at-Law Botkin&Hall, LLP 105 East Jefferson Blvd, Suite 400 South Bend,Indiana 46601 (574)234-3900 The Zoning Classification of the Property is presently MU in Portage Township,City of South Bend i Petitioner XESTERN A VE. (RIX VARIES) ............._.__...._-.r............v,... 4a IN R/W f f i ` \ 4 Q4 # d ? a L a w Ld 9,6' 1-TOVER R/W LINE f t z C - 0i M r, e ° •4� E W z n i v 0.4 � A Z.i f J ` U.` 30,5' a. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 February 2, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Janiecesha O'Neal ABZA 211112 Dear Council Members: The above referenced petition of Janiecesha O'Neal was legally advertised on January 21, 2012. The Area Board of Zoning Appeals gave it a public hearing on February 1, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and with a vote of 4-2, the petition for Special Exception of Janiecesha O'Neal to allow a for a bar/restaurant/nightclub, on property located at 1902 Western Ave., is sent to the Common Council with an Unfavorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. BuIot, C.B.O. Building Commissioner CCB/cah GURROLA SPECIAL EXCEPTION PURSUANT 21-09.3(r)) AREA BOARD OF ZONING APPEALS FINDINGS OF FAC 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive_ Therefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 2_ THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN .BECAUSE: 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE D1S7RIC2'IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: 4. THE PROPOSED USE IS COMPA'T'IBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: NO RECOMMENDATION ADOPTED this 1 ST Day of FEBRUARY, 201 1. YES NO E MICHAEL. URBANSKI ABSENT RANDALL MATTHYS JACK YOUNG M GERALD PI APPS 0 ROBERT HAWLEY ® JOE VELLTMAN ® BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1434 GARLAND CIRCLE WHEREAS,Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5,of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOS', THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1434 Garland Circle in order to permit an Adults Foster Care/Assisted Living Home in a"SF-1" Single and Two Family District, and allowable use under Section 21-02.01 of the City of South Bend Zoning Ordinance. 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, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general.welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09-03 (i). SECTION•IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and cffect from and after its adoption by the Common Council. Member of the Common Council �VPi{ 5 thw:✓w�' 's !i{! FRESENTM WDOPTEO _. Board Of Zoning Appeals City Of South Bend PETITION: Special Use Permit/Special Exception APPLICANT NAME: LaShon Gurrola ADDRESS: 1434 Garland Circle,South Bend, IN 46614 ADDRESS OF PROPERTY: 1434 Garland Circle,South Bend, IN 46614 PRONE:574-855-4914 PRESENT ZONING OF PROPERTY: "SF1"Single Family and Two Family District OWNER NAME: LaShon Gurrola ADDRESS: 1434 Garland Circle,South Bend,IN 46614 COUNSEL:N/A ADDRESS:N/A NATURE OF APPEAL: Special Exception request:Approval of a Special Exception as allowed under section 21-02.01 of the City of South Bend Zoning ordinance to allow for an assisted living home.This would allow the petitioner to have foster care family members,who are not related by blood or marriage, reside in the home along with her. Petitioner resides at the property and would be the primary caregiver to these members. The petitioner holds certification to foster, has had the property approved and inspected by State officials,and has taken all the required training. Part of this qualification included a background check.There isn't nor has there ever been a criminal history/background on the petitioner.This would be a one family unit which is consistent with the intended use of the property.There will be no hired staff at the home. During petitioner absence for work, school,or whatever may come up, another adult family member(related by blood or marriage) residing in the home, which has also met the State of Indiana's requirements to be a foster respite provider,will assume responsibility. Petitioner ask the Board Members to agree that approval of the request for Special Use Exception to allow for the aforementioned would not be injurious to the public health,safety,comfort, community moral standards,general welfare or adversely affect the use of the adjacent property values. Given that this petition proposes to maintain a family environment,this is very much consistent with the character of the district and is consistent with proper use of the property/land for which it is zoned. This residential setting would be compatible with the recommendations of the City of South Bend Comprehensive Plan in that it allows for housing choice to individuals,and the requested use of the property does not significantly increase traffic or noise in the residential area.The property would not require any alterations outside that would take away from the characteristics of the neighborhood. Petitioner would like it stated for record that she is gainfully employed as a Registered Nurse. Petitioner has a willingness and desire to support the foster care program and does not need such a program to maintain her home, lifestyle or income.And as such, petitioner contributes to society as well as any other member of the surrounding neighborhood. Petitioner states there are no valid concerns over parking,traffic patterns or the like.The home has ample space as noted in the sq.footage;there are no potential overcrowding issues.Petitioner requests that the board make a favorable recommendation for this petition and entertain/consider only relevant issue pertaining to this matter. Issues that are proven as fact vs. half-truths,gossip,and insinuations Petitioner thanks the Board for its time and consideration. I attest under the penalties for perjury,that the foregoing representations are true. LaShon Gurrola Signature of property Owner CIRCLE 5p' R/ ,�.1. S,k.4 rS.,'hVM - .:•N �,r'1ft4W..•?" �,ltr!i s l.n.�..Y 1•e ° .Y n. •.tiffs .•.}t. �,1.Y i .4 •5, �a.e,•yy;Aj.wryi.. .�?•: :Y,Yf '+.'s,"•are: 'ot.ti ", ...4'.::.:.f.rrr•: �" .KS='nS�'n •T;!' _ �;; ..l.s:.�`• ail."S 4iti �,. iY.'•i�l#:< �a• >. �'*•;HMV ;f`, i'} f"�"'y i .•1-;}•1 .sry•y`•Vr•!t.'' 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAx: (574) 235-5541 February 2, 2012 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 211/12 Dear Council Members: The above referenced petition of LaShon Gurrola was legally advertised on January 20, 2012, The Area Board of Zoning Appeals gave it a public hearing on February 1, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow an adult foster care/assisted living home in a "SF 1"district, on property located at 1 434 Garland Circle, is sent to the Common Council with No Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah GURROLA SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF.ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive. Therefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE D.TSTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAA'BECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a_ NO RECOMMENDATION ADOPTED this I ST Day of FEBRUARY, 201 1. YES NO MICHAEL URBANSKI ABSENT RANDALL MATTHYS ® JACK YOUNG ® GERALD PHIPPS M ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH