Loading...
HomeMy WebLinkAbout04-09-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, APRIL 9, 2012 7 : 00 P.M. 1 . INVOCATION - FATHER DAVE PORTERFIELD 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 03-12 PUBLIC HEARING 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 82-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, ALIBABA CAFE INC, 17917 SR 23, SOUTH BEND, INDIANA 8 . BILLS, THIRD READING TIME: BILL NO. 03-12 THIRD 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 9. RESOLUTIONS BILL NO. 12-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (ALIBABA ANNEXATION AREA) 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 10 . BILLS, FIRST READING BILL NO. 11-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE� SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET 12-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 11 . UNFINISHED BUSINESS 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. March 6, 2012 South Bend Common Council 727 W. Jefferson Blvd. South Bend, IN 46601 3- Attention: Common Council Members RE: UNITED DRIVE VACATION REQUEST TO CONTINUE BILL NO. 03-12 Dear Common Council Members: I am submitting this letter to respectfully request that the Common Council continue Bill No. 03- 12 until the meeting of April 23rd Thank you in advance for your help in this matter. Sincerel , Mikel D. Currier, PLS H'12011 Projects12011-51 00\United Ur Vacationlcommon council letter to continue 3-06-12.doc ARCHITECTURE GfS CIVFL ENGINEERING LANpSCAPE ARCHITECTURE ENVIRONMENTAL PLANNING RENEWABLE ENERGY LANE)SURVEYING CITY CrlX€'K,SOUr H r April 4 , 2012 South Bend Common Council County-City Building 227 W. Jefferson Blvd. South Bend,IN 46619 Dear Common Council Members: 1 am submitting this letter to ask that all of my bills be withdrawn at this time. The annexation/rezoning, Bill No. 82-11, the Special Exception, Bill No. 12-06 and the Fiscal Plan—Bill No.12-21 with regards to the properly at 17917 S. R. 23. 1 want to keep the original zoning in the county and every thing else should stay the same. Sincerely, CITY Y ��l Yt1Y Sf3.YL,r-��• &�A� ORDINANCE NO, AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. BOTH ALLEYS ARE A PART OF SORIN'S 2" ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST, JOSEPH COUNTY,INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. BOTH ALLEYS ARE A PART OF SORIN'S 2N° ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY,INDIANA. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 2 Tax Key Number 18-5104-3652 Tax Key Number 18-5104-3654 Tax Key Number 18-5104-3653 Tax Key Number 18-5104-3655 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of properties located along St. Peter Street. 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. ` o . � Member of the Commoh Council Attest: 6 t a t t' u..:;I City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2012, at o'clock M. City Clerk Approved and signed by me on the day of , 2012, at o' clock M. Filed ir, ice MAYOR, CITY OF SOUTH BEND, INDIANA READING yUBLIC HEAPING 3rd PEADING 'l73 APPROVED CITY Cai.Sc CcErERRED . '= PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: February 20, 2012 OF THE CITY OF SOUTH BEND, INDIANA I (WE) , THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY BETWEEN ST. PETER STREET & NOTRE DAME AVENUE, SOUTH OF ST. VINCENT STREET. BEING PART OF SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number University of Notre Dame 18-5104-3652 910' Grace Hall 18-5104-3654 Notre Dame, InAiana 46556 i John Sejdinaj for Uni lo- of No a Dame Robert Bernhard 18-5104-3653 Deborah Bernhard 1019 N. Notre Dame Avenue South Bend, Indian 617 ii;bert Her and Deborah Berriard Donald Pope-Davis 18-5104-3655 Sara Pope-Davis 1017 N. Notre Dame Avenue South Bend, Indiana 46617 joz�z_— nald Pope-Da VAS Sara Pope-D vis CONTACT PERSON: Michael J. Danch Return to. NAME: Danch, Harner & Associates, Inc. Office of the City Clerk 1643 Commerce Drive John Voorde, City Clerk South Bend, Indiana 46628 Room 455-County-City Bldg. (574) 234-4003 South Bend, Indiana- 4.6.601_.... (574) 235-922 or. Vvvarnvr Sr 150' RADIUS 018-5104-3623 018-5104.3647 018-5104-3646 N 048-5104-362 418-5104-3648 018.5104-3649 Ln QT 018-5104- 625 018-5104.3651 018"5104-3653 t-3626 018-5 04-3627 048-5104.3652 115' 115' 078.5104.3655 018-51 4.3628 018-5105 672 018-5904-3654 °� 018-5105 3672 018-5104-3656 018-5104-3657 018-5104-3659 D 18-5104362 8.5105-3573 018-5104-3658 018-5104-3660 018-5104-3632 018-5104-366101 018-5105.367302 LEGAL DESCRIPTION: The first alley to be vacated is the first East/West alley North of Howard Street from Notre Dame Avenue West to the first North/South alley for a distance of 115 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of Howard Street from St Peter Street East to the first North/South alley for a distance of 115 feet and a width of 14 feet. Both alleys are a part of Sorin's 2nd Addition to the City of South Bend,Portage Township, St. Joseph County, Indiana. CITY n,.'®x , [ Property Owners Within 150 Feet Notre Dame Howard Partnership Notre Dame Howard Partnership Notre Dame Howard Partnership 702 S Michigan 702 S Michigan 702 S Michigan South Bead, IN, 46601 South Bend, IN. 46601 South Bend, IN, 46601 Tax Key#018 5104 366101 Tax Key#018 5104 3661 Tax Key#018 5104 3660 University of Notre Dame Du Lac Donald &Sara Pope Davis Robert& Deborah Bernhard 725 Grace Hall 1017 Notre Dame Ave 1019 N Notre Dame Ave Notre Dame, IN, 46556 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5104 3659 Tax Key#018 5104 3655 Tax Key#018 5104 3653 Robert Bretz Jr. University of Notre Dame Du Lac Nicholas & Diane J Entrikin Kelley Schwegler Bretz 725 Grace Hall 1016 N Notre Dame Ave 1029 Notre Dame Av Notre Dame, IN. 46556 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5105 370202 Tax Key#018 5105 3672 Tax KPV#InIR sin4 164Q John McGreevey& Jean McManus Steven & Jennifer Fortener University of Notre Dame Du Lac 1010 N Notre Dame Ave 1006 Notre Dame Ave 725 Grace Haft South Bend, IN. 46617 South Bend, IN. 46617 Notre Dame, IN, 46556 Tax Key#018 5105 3673 Tax Key#018 5105 367302 Tax Key#018 5104 3658 Julie Krcilek University of Notre Dame Du Lac University of Notre Dame Du Lac 3823 N Fail Rd 725 Grace Hall 725 Grace Hall LaPorte, IN. 46350 Notre Dame, IN, 46556 Notre Dame, IN. 46556 Tax Key#018 5104 3657 Tax Key#018 5104 3654 Tax Key#018 5104 3652 University of Notre Dame Du Lac University of Notre Dame Du Lac Dolores Tantoco Stauder 725 Grace Hall 725 Grace Hall 802 E St.Vincent St Notre Dame, IN. 46556 Notre Dame, IN. 46556 South Bend, IN. 46617 Tax Key#018 5104 3651 Tax Key#018 5104 3648 Tax Key#018 5104 3646 Stephen & Elizabeth Koller Matthew& Elizabeth Sanford Patrick J Matthews 1017 St.Peter 1013 N St.Peter 52127 Fall Creek Dr South Bend, IN,46617 South Bend, IN. 46617 Granger, IN. 46530 Tax Key#018 5104 3628 Tax Key#018 5104 3629 Tax Key#018 5104 3627 Patrick J Matthews James &Christina Ofeksak 52127 Fail Creek Dr 1035 N St.Peter Granger, IN. 46530 South Bend, IN. 46617 # Aled Tax Key#018 5104 3625 Tax Key#018 5104 3624 6.'1& [ Cr i`a:�€°f l�t .•I.,:e"r`clJ r.'rC:i,:.?�,SEi=.` F , ......,.._..r-........ ......_...,..m.—».._.x.,.,19 o VIP . �t L V ews 11 cc ig all Viva r i �► �. I re so 4F r � 'D tj M N a x � No1*.t sW Irm nr uj � � ri � r a $ file A y n • 4 � w ANIMO •r grimwz CL r w ilt OZ - � q ts�I- F ui tow IN •� M 9P^ ?b : M oa AL anch, Har°ner® & Associates, Inc. MICHAEL J..DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects Land Planners February 15,2012 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for the alley to be vacated is the first East/'West alley between St. Peter Street & Notre Dame Avenue, South of St. Vincent Street, being part of Sorin's Second Addition to the 'Town of Lowell, Portage 'Township, City of South Bend, St. Joseph County,Indiana. Dear Council Members: Our client, the University of Notre Dame, Robert & Deborah Bernard and Donald & Sara Pope-Davis, are requesting the approval of the Vacation for the first East/`Vest alley between St. Peter Street & Notre Dame Avenue, South of St. Vincent Street, being part of Sorin's Second Addition to the Town of Lowell, Portage'Township, City of South Bend, St. Joseph County, Indiana. The reason for this request is to allow for the re-configuration of properties for future development of properties located along St. Peter Street and the closure of the small alley segment between the two properties on Notre Dame Avenue. The Petitioners believe that vacating the above-mentioned Public Alley right-of- way will not have a detrimental effect on the adjacent properties located along this portion of St. Peter Street and Notre Dame Avenue.. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Filed h, :.. . President p Daneh, Harmer & Associates File 412010$ .a;.1, CITY CLORK,1.643 Commerce Drive a South Bend, IN 46628 208 West Mars w Berrien Springs,MI 49103 once 5741234-4003 R 800/594-4003 ■ Fax 5741234-4119 office 269/471-3010 ■ Fax 2691471-7237 IV T WRY 1316 CouNTY-CITY BUILDING ',.\ 1'itOm 574/235-9251 227W.J£FFEWNBouuvARP ,` a FAx 5741235-9171 SOU-pi BEND,INDIANA 46601-1830 � +. �' TDD 5741235-5567 Ow OF SoEJTH BEtm STEPHEN J. LuEcKm, MAYOR oARD OF PUBUC WOM December 9, 2410 Ms. Teri DeCola University of Notre Dame 910 Flanner Hall Notre Dame, Indiana 46556 RE: Alley Vacation--The First East/West Alley between St. Peter St. &Notre Dame Avenue, South of St. Vincent Street and Howard Street (Preliminary Review) Dear Ms. DeCola: The Board of Public Works, at its December 6, 2010 meeting reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not}finder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. d The Fire Department stated that closing this alley will hinder their fire attack tactics by reducing the route of the water,supply to the structures at the nortb/south alley. 6 NIPSCO stated that there is a gas main in the eastern portion of the proposed alley vacation. They need to maintain access to this alley for maintenance purposes and no structures can be built over the gas main located in that alley. • Engineering stated that the approach to enter the alley on the St. Peter Street side will need to be closed if there is no vehicular access to St. Peter Street. GARY.A.GILa r,P.B. DoNALD E.Ims CARL R U7TULL PMIDENT MEM-HR MWBER Teri DeCola December 9,2010 Page 2 of 2 You wHI need an executed Cross-Access Agreement with your neighbors. Once the Cross-Access Agreement is executed and recorded with the St. Joseph County Recorder's Office, please forward a copy to me. Please contact ToU Molnar at (574). 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 154' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering OUG t fir, fit Ul �. CID tu 4�! I X11 ••. '� c? as as vat i L" i as oa I I" 4a ap 6t, vv a �� -- p.� o ! r1 `° !q of $ jo j� #► � 161t Is, F%F- lop 1 A n p 14 av a O ilda�+' 4 FY! co --r2l"*6Y O +4E T* Ilk rd 16 Peak 9 a. '4,4 La I UJ - m h is "es s� Ui Ulm CL Ld � 4 �— all x cur N IRS- p31�"'�b'Ji � 59�77y W PAI f 00 1 of vp p , �y + � Page I of I Nancy Schrader- Alley Vacation Recommendation - Notre Dame From: Nancy Schrader To: Memo-Vacations Date: 11/23/2010 10:29 AM subject: Ailey Vacation Recommendation -Notre Dame Attachments: Please provide,your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Fax: (574) 235-9171 NMJJV JJ)N NAfN NN NNN NN!\fNN NNA)NNJJ AJ/\/JU/V AN!\/!\J.J.!rINNnJNNNNJV 11lNlV of NJ1)N This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. N!4/NN ICJ l.Jrt.NN N N I\rNrtlN rtflV(\fNN NNNN NNN/JNN JV J\J JJN NN NhlNN/1 NN NNN NNN N fileWCADocuments and SettingsMSCHRADTocal Settings\Temp\XPgrpwisel4CEB97... 11/23/2010 w x' � ■ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 11/23/2010 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl Littrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission co.st- loser)h„in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmc riffin(&-nisource.com)(FYI Only) FROM: Linda M. Martin, Clerk. ^ SUBJECT: REQUEST FOR RECOMMENDATION -ALLEY VACATION APPLICANT: University of Notre Darne Attn. Teri Decola LOCATION: The First East/West Alleys Between St. Peter and Notre Dame Avenue, South of St. Vincent and North of Howard DATE DUE: 12/10/2010 FAX OR E-MAIL TO: 235-91711 Imartin southbendIn. ov RECOMMENDATIONS AND COMMENTS: BY — Date Z�rtE�i,1i /1'v ® yukG- rx dQ Page 1 of 1 Nancy Schrader- Re. Alley Vacation Recommendation - !Notre Dame From: Andre Price To. Cart Littrelt; Cheryl Greene; Chris Dressel; Federico Rodriguez;jbyorni @co.st-joseph.in.us; Jeff Gibney;Nancy Schrader; pmgrirfin @nisource.com; Robert Mathia; Stephen Goen Date: 11/24/2010 6:25 AM Subject. Re: Alley Vacation Recommendation - Notre Dame Ok to vacate will not affect trash collection file:!/C:\Documents and SettingsMSCHR.ADTocal Settings lTemp\XPgrpwiset4CECAF... 11/24/2010 r% INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 11/23/2010 TO: Andre Price, Solid Waste - - Bob Mathia, Community& Economic Development Carl Littrell, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John 13yorni, Area Plan Commission (jb orni@co,st- iosegh.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m ri in nisource.com)(FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION -ALLEY VACATION APPLICANT: University of Notre Dame Attn: Teri Decola LOCATION: The First East/West Alleys Between St. Peter and Notre Dame Avenue, South of St. Vincent and North of Howard DATE DUE: 12/10/2010 FAX OR E-MAIL TO: 2359171 /lmartin@southbondin.gov RECOMMENDATIONS AND COMMENTS: I have no objection to this vacation request so Jong as the needs of adjoining property owners are Met. By - r- - - ,,,,,_ _. Date Page 1 of I Nancy Schrader w Re: Alley Vacation Recommendation - Notre Manse From: Stephen Goen To: Andre Price; Carl Uttrell; Cheryl Greene; Chris Dressel; Federico Rodriguez;jbyoml @oo.st- joseph.in.us;Jeff Gibney; Fancy Schrader; pm9riffin @nisource.com; Robert Mathia Date: 11/29/2010 9:27 AM Subject: Re: Alley Vacation Recommendation-Notre Dame Approved with m This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St)oe Co. Fatal Alcohol Crash Team South Bend Police Department-Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235-7515 (574)235-7538 e >>> Nancy Schrader 12/23/2010 10:28 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46609 Office: (574) 235-9251 Fax: (574) 235-9173 Nnl----VNNNNNNN--- NNNNNNN IV NNNNNN NNN NMN-- NNNNhrNN NfVN This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originatty addressed. Any use by others is strictly prohibited. NN NN NNN -----------[V N N N N NNNNN N N N NNNNN--N N NN N n./1.NNNM1lN fi le://C:\Documents and SettingsiNJSCHRADiLocal Settings\Temp\XPgrpwise14CF371F... 11/30/2010 From: Federico Rodriguez To: Nancy Schrader Date: 11/23/2010 1:14 PM Subject: Re: Alley Vacation Recommendation -Notre Dame Recommendaklon for the vacation of the East/West alley is NO.Closing the alley will hinder our fire attack tactics by reducing the route of our water supply to the structures at the North/South cross alley, Federico"Chico"Rodriguez Fire Marshal South Bend Fire Dept. 1222 S.Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) hrWriguasouth bendln yov >>> Nancy Schrader 111231201010:28 AM>>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 9316 South Bend,Indiana 46691 Office: (574)235-9251 Fax: (574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byomi Larry P. Maglloxxl Executive Director Assistant Director mugl +u�rC11K+Ntinwnsl rrt.k�enliurueeN�Itlegwi�nise�Iwloslers��arrrruuAlnu��rrr1�9w11ry1�+.d+�Mw Pitons 574 235-9571 www.sgosephcountyindiana.wwareapian Fax 574 235.9813 December 1,2010 City of South Bend Board of Public Works 13`''Floor,County-City Building South Bend,Indiana 46601 RE- Alley Vacation Applicant: University of Notre Dame Vacation of the East/West Alley between St.Peter& Notre Dame Avenue,South of St.Vincent Street and North of Howard Street Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The parcels adjacent to the alley to be vacated and surrounding neighborhood are thoroughly developed. Therefore, the proposed alley vacation would not restrict any future growth or development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Access to the adjacent lots will not be negatively affected or eliminated as along as an access and maintenance easement is recorded for the eastern half of the vacated alley. This easement shall grant access rights to an existing shared private driveway located between two homes at 1017 and 1019 North Notre Dame Avenue. After the alley is vacated, portions of this driveway will be located on both the adjacent lots. (See attached photographs.) (3) The vacation would not hinder the public's access to a church, school, or other public building or place. The alley to be vacated does not provide access to any church, school, or public building or place. -r,,I VACATIONSUCIOICrn IEW rr!!ey N of Howard bnm St Peter&Nome Dame.doc Serving South Bend,Lakeville,New Carlisle,North Liberty,Osoeofa.Roseiend and St.Joseph County,Indiana ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 2001 Lot 14 was located in a Business District. It was then zoned Commercial. The lot still lays in a Business District that was changed to Residential in 2002. There are Office Buildings on all sides of Lot 14 2"d Add. There is a lawn yard cutting garage across the street. The back of it lies against the Rug Company Building. There is an empty dance Studio in front of the Lot that I want to zone commercial. There is a service Station next to the Dance Studio with an empty electrical building beside the Service Garage. Our community has been around business all our lives. We were told the City was going to buy the house in our community for a development Now the Lot has an old one stall garage on it that looks too small for the lot. I would like to rezone it commercial, build a beautiful two stall garage on Lot 14, 2"d addition. The garage would fill in the space the one stall garage does not fill in. My son can use the garage to start up a business when he graduates for Ivy Tech State College. If it doesn't work out for him and he decides to expand his business into a large garage on a larger business district, I will use the garage to make L shaped aquariums to sell on the internet. The garage will take the place of the old garage and help improve the neighborhood that I live in and help make a better looking community. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 14 Parry's 2"d Addition be and the same is hereby established as CB Community Business District. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Commbn Council ni Attest: C©Unw City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the —day of 2—, at o'clock M. City Clerk Approved and signed by me on the day of 2 at o'clock M. Mayor, City of South Bend, Indiana Filed LIU F I i READING pUBI-IC HEARNG rd REAMN:G N'QT APPROVED R f FE R RED PETITION TO REZONE City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 501 SOUTH PARRY STREET 2) The property Tax Key Number(s)is/are: OEM= RON= 3) Name and address of property owner(s)of the petition site: (Name) (Address) (City), (State) (Zip Code) ME,IIN"DIANM46617 ((Area Code))(Phone number) (574)(233-5842) NOMMEW For additional owners,reprint additional pages with signatures 4) Name and address of contingent purchaser(s), if applicable: (Name) (Address) (City), (State) (Zip Code) ,(State) (Zip Code) ((Area Code))(Phone number) ((Area Code))(Phone Number) For additional owners,reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: (Insert current zoning)District To: (Insert new zoning)District 6) This rezoning is requested to allow the following use(s): (Insert intended use(s)) 7) Attached, and made a part of this PETITION, is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c)addressed,stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s)of All Property owner(s), or signature of Attorney for all property owner(s): EUGENE PHILLIPS 509 SOUTH PARRY STREET SOUTH BEND, INDIANA 46617 �. ((Area Code))(Phone number) (E-Mail Address) CONTACT PERSON: (If different) (Name) (Address) -- (City), (State) (Zip Code) ((Area Code))(Phone number) (E-Mail Address) /4 t"1'1F AF cels County Parcels MAILINGAD MAILIN MAILING PROP_ADD PRO PROP_ Rec PARCELID NAME–1 D MAILINGCIT GSTA : ZIP R PROP–CITY PST ZIP 018-6013- PHILLIPS 110301 EUGENE 501 Parry 18outh Bend IN 46617 501 PARRY South Bend IN 1 46617 436S 018-6009- MILLER t� 2.0193 GREG M 415 Parry St South Bend IN 46617 STREET South Bend IN 46617 HAZEL I/ 018-6009- WILLIAM C 3 0199 JR Broadway South Bend IN 46601 FRANCES South Bend !N 46617 WORD- ROSARY 018-6009- INTERCESS 30 Helrnan 514 S r y/ 4 0196 ORS INC Dr South Bend IN ji F RANCES South Bend IN 46617 THE ROBERT HENRY 018-6013- CORPORATI 0295 ON Po Box 1407 South Bend IN 46624 425 PARRY South Bend IN 46617 HERRMAN THOMAS J AND 54490 018-6013- KATHLEEN Whispering 6 030001 A Oak Dr Mishawaka— 46544 501 EDDY South Bend IN 46617 018-6013- JOHNSON 70298 PATTIE 43 arry ST South Bend IN 46617 433 PARRY South Bend IN 46617 ROBERT 018-6008- RY P O Box 432 8 0191 CORP South Bend IN 46624 FRANCIS South Bend IN 4 THE ROBERT HE Y CO PO 018-6008- ON P.O. S FFRASNCES 9 0190 SOX 1407 Frances South.Bend IN 4662 South Bend IN 46617 01 8-6013- LL 10.0296 JEFFREY M 933 South Bend IN 46637 429 PARRY South Bend IN 46617 HAZELTON 018-6009- JEREMY& 520 S �4661 S 11 0197 KATIE Frances South Ben N NCES South Bend IN 46617 018-6013- CLARK 120308 ENISE ST South Bend IN 46617 PARRY South Bend IN 46617 ROBERT 016-6008- HENRY P O Box 426 1310189 ICORP 1407 iSouthBend IN I 46624 FRANCES South Bend IN 46617 WARREN 018.5009- JOHN A& 512S V/L 270194 SANDRA K Frances St South Bend IN 46617 FRANCIS South Bend IN 46617 018-6013- PHILLIPS 28 0302 EUGENE 509 Parry South Bend IN 46617 509 PARRY South Bend IN 46617 HERRMAN - THOMAS J AND 54490 018-6013- KATHLEEN Whispering 29 0300 A 10ak Dr Mishawaka IN 46544 505 EDDY South Bend IN 46617 HERRMAN THOMAS J 225 S 018-6013- KATHLEEN Lafayette 30 0286 A Blvd. South Bend IN 46601 409 EDDY South Bend IN 46617 CUELLAR JOSE& MARTI - FRO$& 31 0283 NOT AS TIC 411 Parry South Send IN 46617 411 PA �013end IN 46617 HERRMAN THOMAS J AND 54490 018-6013- KATHLEEN Whispering 32 0292 A Oak Dr Mishawaka IN 46544 425 EDDY South Bend IN 46617 THE ROBERT HENRY 018-6013- CORPORATI 33 0290 ON Po Box 1407 South Bend IN 46624 421 PARRY South.Bend IN 46617 THE ROBERT HENRY 018-6008- CORPORATI 420S 1420S 34 0188 ON Francis St South Bend IN 46617 FRANCES South Bend IN 46617 HERMANN THOMAS J 54490 018-6013- AND Whispering 35 0294 KATHLEEN Oak Dr Mishawaka IN 46544 429 EDDY South Bend IN 46617 ROBERT 018-6013- HENRY P O Box 36 0289 CORP 1407 South Bend IN 46624 419 PARRY South Bend IN 46617 HERRMAN THOMAS J AND 225S 018-6013- KATHLEEN Lafayette 37 028701 A Blvd. South Bend IN 46601 421 EDDY South Bend IN 46617 SOUTH BEND 215 SOUTH 018-6114- COMMUNIT ST JOSEPH 38 4097 Y CORP ST South Bend IN 46601 528 EDDY South Bend IN 46624 CJS 018-6013- NTALS 46641 14 031201 LLC Lakeview Dr Decatur Mt 49045 531 PARRY South Bend. IN 46617 018-6013- 15 0311 EDDY LLC St South Bend IN J4661 27 EDDY South Bend IN 46617 018-6013- EVAN 5 527 PAR 160312 ANDREW T ST South Bend IN 46617 527 PARRY South Bend —I w- 018-6013- 525 SOUTH P 0 Box 17 0310 EDDY LLC 4582 South Bend IN 46634 525 EDDY South Bend IN 46617 17336 018 - 522 18 0198 PAULO R ST South Bend IN 46635 FRANCES South Bend IN 46617 1733s 018.6009- RADbM1I,LE MCERLAIN 522 19 019801 PAULO R ST South Bend IN 46635 FRANCIS South Bend IN 46617 HERRMAN THOMAS J AND 54490 018-6013- KATHLEEN Whispering 2010299 A Oak Dr Mishawaka IN 46544 435 EDDY South Bend IN 46617 WARREN JOHN 512 S 018.6009- AND F 21 0195 Frances St South Bend IN 46617 STREET South Bend IN 46617 JPI HILLIPS ORA MAE PHILLIPS- uena 018.6013- LIANE JT Vista Street 22 0307 W/EROS #4 Ventura CA 93001 517 PARRY South Bend IN 46617 HERMAN INVESTMEN TS LLC CIO JO 018-601 HERMAN, 137$Pearl 23 0304 MEMBER Rd Brunswick OH 44212 519 EDDY South Bend IN 46617 018-6013- HILL 52295 SR 24 0297 JEFFREY M 933 South Bend IN 46637 431 PARRY South Bend IN 46617 PLUMMER RONA AND BARLEY..,.,,., 018-6013- NICHOLAS 25 0288 B 415 Parry South Bend IN 46617 415 PARRY South Bend IN 46617 HERMAN INVESTMEN LLC C14 JOSEPH 018-6013- HERMAN, 1378 Pearl 26 030401 MEMBER Rd Brunswick OH 44212 509 EDDY South Bend IN 46617 SO.BEND PUBLIC NOTRE 018-6008- TATION 402S DAME 39 0183 CORP Frances St South Bend IN 46617 AVENUE South Bend IN 46617 HENRY- 404S 018-6008- WILLIAMS Francis P O [404 0 0184 INC Box 1407 South Bend IN 46624 ANCES South Bend IN 46617 g, RR- LIMINARY SITE PLAN REQUIREMENTS-for all districts except MF 7 PUD City of South Bend,Indiana Tabulated(listed)Date(note data noted are for illustrative purpose only) 1.Land Coverage LAND COVERAGE AREA %OF TOTAL AREA Total: 1.75 acres 7,590 sf 100% a. building(ground floor only) 1,360 sf 18% b. parking&loading and drives 1,260 sf 17% c. open space (yards, landscaping,etc. 4,910 sf 65% 2.Purposed land uses&floor area(e.g. bank,retail shopping center,office,pizza parlor,apartments) USE FLOOR AREA %OF TOTAL FLOOR AREA BUILDING HEIGHT a.office/retail 280 sf 21% 14 ft b.garage 1,090 sf 790/9 14 ft Total 1,360 sf 100% For apartments&group units:list number of units,number of bedrooms/unit,estimated population: density 3. Parking ratios per use as required by ordinance,and number of spaces to be provided. 7 4. Sewer and water facilities Current: removed public water and removed public sewer Proposed: public water and public sewer