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HomeMy WebLinkAbout06-24-2019 Agenda Packet MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: JUNE 20, 2019 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, June 24, 2019: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. PERSONNEL & FINANCE CHAIRPERSON, WHITE 1. Bill No. 16-19- June 2019 Transfer Ordinance 2. Bill No. 17-19- June 2019 Appropriation Ordinance- Civil City Funds 3. Bill No. 18-19- June 2019 Appropriation Ordinance- Enterprise Funds 3:50 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, BRODEN 1. Update: South Shore (15 minutes)- Eric Horvath, Director of Public Works 2. Update: Quiet Zones (15 minutes)- Eric Horvath, Director of Public Works 4:25 P.M. UTILITIES CHAIRPERSON, TESHKA 1. Update: Public Works Response to HB1347- Eric Horvath, Director of Public Works 4:45 P.M. COMMUNITY RELATIONS CHAIRPERSON, PRESTON 1. Bill No. 19-46- Restorative Justice Initiative Resolution 5:05 P.M. ZONING & ANNEXATION CHAIRPERSON, DAVIS 1. Update: Zoning Ordinance- Tim Corcoran, Director of Planning- Community Investment 2. Bill No. 12-19- Northeast Corner of Corby Boulevard and Eddy Street Rezoning 3. Bill No. 13-19- 3102 Mishawaka Avenue Rezoning 4. Substitute Bill No. 14-19- SF3 Zoning Ordinance Amendment 5. Substitute Bill No. 15-19- CBD Zoning Ordinance Amendment Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, T. SCOTT 1. Discussion of Council Agenda 2. Update and Announcements 2 3. July 4th Filing Deadline 4. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL MEETING AGENDA Monday, June 24, 2019 7:00 P.M. 1.INVOCATION- PAMELA BLAIR- BOARD MEMBER-THE LGBTQ CENTER, SOUTH BEND 2.PLEDGE TO THE FLAG 3.ROLL CALL 4.REPORT FROM THE SUB-COMMITTEE ON MINUTES 5.SPECIAL BUSINESS BILL NO. 19-44 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA HONORING AND THANKING THE 2018-2019 NOTRE DAME WOMEN’S BASKETBALL TEAM AND ITS VERY SPECIAL HEAD COACH, MUFFET MCGRAW FOR CONTRIBUTIONS TO THE SOUTH BEND COMMUNITY 19-47 A SPECIAL RESOLUTION TO ADDRESS THE IMPACT ON THE CITIZENSOF SOUTH BEND WITH RESPECT TO THE TEMPORARY RELOCATION OF THE ST. JOSEPH COUNTY LIBRARY 6.REPORTS FROM CITY OFFICES 7.COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 12-19 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONINGORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 13-19 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONINGORDINANCE FOR PROPERTY LOCATED AT 3102 E MISHAWAKA 2 AVENUE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 14-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT 15-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT 16-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2019 17-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2019 OF $85,857 FROM GENERAL FUND (#101), $657,159 FROM PARKS & RECREATION FUND (#201), $28,150 FROM GIFT, DONATION, BEQUEST FUND (#217), $97,077 FROM HALL OF FAME DEBT SERVICE FUND (#313), $321,707 FROM 2018 FIRE ST #9 BOND DEBT SERVICE FUND (#350), $178,534 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), $1,811,500 FROM COUNTY OPTION INCOME TAX FUND (#404), $3,300,000 FROM 2018 ZOO BOND CAPITAL FUND (#453), AND $70,000 FROM SMART STREETS BOND CAPITAL FUND (#753). 18-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2019 OF $960,000 FROM EMS CAPITAL FUND (#287), $177,475 FROM CENTURY CENTER OPERATING FUND (#670), AND $63,000 FROM CENTURY CENTER CAPITAL FUND (#671). 8. BILLS ON THIRD READING TIME:______ BILL NO. 12-19 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER 3 OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 13-19 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3102 E MISHAWAKA AVENUE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 14-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT 15-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT 16-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2019 17-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2019 OF $85,857 FROM GENERAL FUND (#101), $657,159 FROM PARKS & RECREATION FUND (#201), $28,150 FROM GIFT, DONATION, BEQUEST FUND (#217), $97,077 FROM HALL OF FAME DEBT SERVICE FUND (#313), $321,707 FROM 2018 FIRE ST #9 BOND DEBT SERVICE FUND (#350), $178,534 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), $1,811,500 FROM COUNTY OPTION INCOME TAX FUND (#404), $3,300,000 FROM 2018 ZOO BOND CAPITAL FUND (#453), AND $70,000 FROM SMART STREETS BOND CAPITAL FUND (#753). 18-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2019 OF $960,000 FROM EMS CAPITAL FUND (#287), $177,475 FROM CENTURY CENTER OPERATING FUND (#670), AND $63,000 FROM CENTURY CENTER CAPITAL FUND (#671). 4 9. RESOLUTIONS BILL NO. 19-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SUPPORTING AND ENDORSING A RESTORATIVE JUSTICE INITIATIVE FOR THE CITY OF SOUTH BEND AND A PROPOSED TIER I COMMUNITY PILOT PROGRAM TO IMPLEMENT THE INITIATIVE 10. BILLS ON FIRST READING BILL NO. 19-19 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1510 AND 1520 WASHINGTON STREET AND 1636 CIRCLE AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS BILL NO. 19-45 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 407, 411, 419, 423 AND 427 SOUTH FRANCES STREET 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. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2019 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-10-19) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson John Voorde, Member Gavin Ferlic, Vice-Chairperson Jo M. Broden, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member Karen L. White, Vice-Chairperson John Voorde, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Jake Teshka, Member Gavin Ferlic, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Jake Teshka, Vice-Chairperson John Voorde, Member 2019 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-10-19) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member John Voorde, Vice-Chairperson Jo M. Broden, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson Sharon L. McBride, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott, Member Jake Teshka, Member 2019 COMMON COUNCIL STANDING COMMITTEES (Rev.01-10-19) TIM SCOTT, 1ST District Council Member President Information and Technology Committee, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Public Works & Property Vacation, Vice-Chair Information & Technology Committee, Member Utilities Committee, Member Residential Neighborhoods Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Member Personnel and Finance Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member PARC Committee, Vice-Chairperson Information and Technology Committee, Member Sub-Committee on Minutes, Member OLIVER J. DAVIS, 6TH District Council Member Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Community Investment Committee, Chairperson Council Rules Committee, Member Information & Technology Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Vice-President Residential Neighborhood Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson JOHN VOORDE, AT LARGE Council Member Chairperson, Committee of the Whole Public Works & Property Vacation, Chairperson Community Relations Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Personnel and Finance Committee, Vice-Chairperson Health and Public Safety Committee, Member LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dtrect, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COLIN! 3-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6,2019 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building MAY 0 6 20;1SouthBend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: Northeast Corner of Corby Boulevard and Eddy Street APC# 2899-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting, and set it for public hearing at your June 24th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. The petitioner provided the following narrative to describe the proposed project: The property is requesting to be rezoned to allow for a four-story mixed use building, with offices on the first three floors, and two residential units on the fourth floor. If you have any questions,please feel free to contact our office. Si erely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W STJOSEPHCOUNTYINDIANA.C O M/A R E A PL A N BILL NO. 12-19 - District No 4- (Councilmember Jo. M. Broden) BILL NO. 12-19 ORDINANCE NO. ___________ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from MU Mixed Use District and SF2 Single Family & Two Family District to MU Mixed Use District.. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN ME. LISTENBURGER'S FIRST ADDITION TO SOUTH BEND, AND A PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REP LAT OF LOT'S 1-3 & 4 LISTENBURGER'S 1ST ADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT PUBLIC ALLEY 308.60 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF CORBY STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE (3) COURSES, NORTH 55°44'39" WEST 60.95 FEET; THENCE NORTH 55°27'29" WEST 140.56 FEET; THENCE NORTH 13°13'55" WEST 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE (STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR (4) COURSES, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET, WITH A RADIUS OF 1400. 00 FEET, WITH A CHORD BEARING OF NORTH 41°11 '39" EAST, WITH A CHORD LENGTH OF 175.83 FEET, AND NORTH 00°38'28" WEST 16.94 FEET, AND NORTH 46°08'54" EAST 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOWARD STREET,· THENCE NORTH 89°21'26" EAST ALONG SAID SOUTH RIGHT-OF- WAY LINE, 13.67 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS' EASEMENTS, AND RESTRICTIONS OF RECORD. be and the same is hereby established as MU Mixed Use District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: ________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the _______ day of ____________________, 2019, at _______ o’clock ___. m. __________________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2019, at ___ o’clock ___.m. __________________________________________ Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City ofSouth 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: Vacant Property at the Northeast corner Corby Boulevard and South BendAvenue, South Bend, IN 46617 2) The property Tax Key Number(s) is/are: 018-5094-3319; 018-5094-3326; 018-5094-3327; 018-5094-3328 3) Legal Descriptions: A PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN M.E. LISTENBURGER'S FIRSTADDITION TO SOUTH BEND, ANDA PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REPLAT OF LOT'S 1-3 & 4 LISTENBURGER'S 1STADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57"EASTALONG THE WESTRIGHT-OF-WAYLINE OF A 14 FOOT PUBLIC ALLEY, 308.60 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF CORBY STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE(3) COURSES, NORTH 55°44'39" WEST, 60.95 FEET; THENCE NORTH 55°2729"WEST, 140.56 FEET; THENCE NORTH 13°13'55" WEST, 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE(STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR (4) COURSES, WITHA CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET WITHA RADIUS OF 1400.00 FEET, WITHA CHORD BEARING OF NORTH 41°11'39"EAST, WITHA CHORD LENGTH OF 175.83 FEET, AND NORTH 00°3828" WEST, 16.94 FEET;AND NORTH 46°08'54"EAST, 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOWARD STREET; THENCE NORTH 89°2126"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 13.67 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS'EASEMENTS, AND RESTRICTIONS OF RECORD. 4) Total Site Area: 0.64+/-Acres 5) Name and address of property owner(s)of the petition site: Five Corners LLC 814 Marietta Street 1-7-- South Bend, IN 46601 Filed in Clerk's Office Phone number with Area Code: 574-233-1296 1 E-Mail Address-N/A MAY 06 2019 Name and address of additional property owners, if applicable:N/A KAREEMAI 1 FOWLER CITY CLERK.SOUTH BEND. IN 6) Name and address of contingent purchaser(s), if applicable: FILED- OC 2019 Name and address of additional property owners, if applicable: AREA PLAN vA •lication#_ , S ION 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District MU Mixed Use District v To: MU Mixed Use District n,r 03 2019 8) This rezoning is requested to allow the following use(s): Professional Office Building&R: icklA1 J • OMMV SION A )lication#. : 7" t IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) 1). From maximum building height of40feet and three (3)stories to 63 feet andfour (4)stories. 2). From the requiredperimeter landscaping to proposed landscaping shown along public streets and public alley. 3). From the NNZO District maxinnumn building height of60feet to 63feet. 4). From the NNZO District to allow parking 5feetfrom the adjacent public streets. 5). From the NNZO District 15 ft. setback ofparkingfrom building to a minimum of 9feet. 6). From the NNZO District maximum 5ft. building setback to 12 feet ifrequiredfor utility placement. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety, morals and general welfare ofthe community: The approval will not be injurious to the public health, safety, morals, and general welfare ofthe community because the proposed development is being done to be consistent with other mixed use developments in the Eddy Street Commons corridor area. The proposed building project will comply with all State and local codes. b) The use and value ofthe area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The use and value ofthe area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The property to be rezoned lies within an established revitialization corridor where new mixed use developments have been approved. The existing property adjacent to the project site is vacant. It is hoped that the proposed mixed use development will spur additional growth both mixed use and residential in the neighborhood and along South Bend Avenue. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application ofthe terms ofthis Ordinance would result in practical difficulties in the use ofthe property. The proposedproject site is unique in that it is bordered by public streets on the west and south and an existing public alley to the east. The project site was affected by the re-alignment of Corby Boulevard with Howard Street. The owners worked with the Department ofCommunity Investment for site layoutfor the building and parking placement. The owners do not believe that askingfor relief of the building height, building location, andparking location would adversely affect any adjacent property. There are other buildings to the north ofthe project site with the higher building heights than the maximum allowed 40feet. The parking placement will be screened along both public streets and screening will be provided along the east property line to create a bufferfrom the residential zoning to the east. The perimeter landscaping will consist ofdeciduous overstory and ornamental trees to compliment the building and work with the proposed parking bays and required driveways. The request for parking setbackfrom the building will allowfor efficient parking layout without affecting any adjacent property. The requestfor the building setback is to allowforflexibility in case the City requires a larger setbackfrom existing utility infrastructure in the public rights-of-way. a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria c) The proposed use will be consistent with the character ofthe district in which it is located and the land uses authorized therein; and: Please explain hog'your Special Exception Use petition addesses this criteria d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Use petition addesses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Danch, 1Harner Associates 1643 Commerce Drive South Bend. Li\'46628 574-234-4003 andanch danchharner.conn BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s), or signature of Attorney for all property owner(s): OaAVA-› 00 2019 AREA PLAN COW iiSSION A..lication#_ LUanch, 1-larner Associates, lnc. Land Surveyors Professional Engineers Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 E. Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of May 3,2019 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for the Northeast corner of South Bend Avenue&Corby Boulevard, South Bend, Indiana; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the property located at Northeast corner of South Bend Avenue and Corby Boulevard, South Bend, Indiana. This requested Rezoning would allow for the approval of a proposed new Four(4) Story Mixed Use Building which will contain professional office space and on the top floor residential units. This property is located at the Southern edge to the Eddy Street Commons development area. Our clients believe the proposed project development as proposed would be a compatible use in the surrounding mixed-use neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, arid Filed in Clerk's Office Michael J. Danch President Danch, Hamer& Associates, Inc. MAY 0 6 2019 I KAREENMAH FOWLER CITY CLERK,SOUTH BEND If'!j File No. 190105 "C"Md OG 2019 AREA PLAN iSlION Application 7 I E-c' c,, i ? H 13% Ci0314: CJ C3a) W. moii 4 Wd Pwl•sl i!3 Y sP l MaQSopslawad'' uoLf't_ D swaw6u3 Icuo_usalwd s.o.(onmg PwlG c O yU1`:414711''1000V40.181611fy'1P71116G 1 y" I w 3 m r__ Ci a a 4 U z '' V O w N Q 7. -, z Nw o pp C G O co w 2¢ - W = m f J N N J 4 N o Y 00 '1.7 NN J C;-', p O m O Q o w m p [e m m m2r- m a"' 4 0 N 4 W a O w 0 N z z tWr x O r ? Z W N W o. W a • U LL Q z 1 4 t Y n F H L'83 z a •. zQ O n o o - J . 1 —_ yNj WNo a.a.nm _ "%13- TE lY z w z Z Z m 0 U _ c a oton oEo W 3 Ln a Ooa co a N cdy O N G Milk * _ NNoSonOQ7JI05ZJ , D OJ 7s _ ¢ w-.- rrp a Dsap a > ap p o ao 00we. = m o iw L wa • a o m a I t yJai tea mo p v jN : w CiZ • F- Vl OZ .K ww Om ¢ a == Ka U U U (~JFIS"Q .. H p U w pN Z\ f.-2 as N N .~.. 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MAGLIOZZI 1 \1 ( F U I R} ( I ' < AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 4661)1 (,74) 235-9571 June 19, 2019 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #12-19 Rezoning: APC#2899-19 Northeast Corner of Corby Boulevard and South Bend Avenue Dear Council Members: The Area Plan Commission held a public hearing on June 18th, 2019 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, June 24th, 2019. Ordinance & Petition Amendments: No changes. Public Hearing Summary: There were three people who spoke in favor of the petition. Mo Miller was the treasurer for the Triangle HOA. She spoke for the residents saying they were in favor of the development. Pat Matthews spoke that he believed that this is an appropriate development for the busy intersection. Tim Corcoran spoke in favor of the rezoning and read DCI's recommendations in to the record. If you have any further questions, please feel free to contact me at(574) 235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 255-9571 Wednesday,June 19, 2019 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend,IN 46601 RE: A proposed ordinance of Five Corners LLC to zone from SF2 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District, property located at Northeast Corner of Corby Boulevard and South Bend Avenue, City of South Bend—APC#2899-19. Dear Council Members: I hereby Certify that the above referenced ordinance of Five Corners LLC was legally advertised on June 6, 2019 and that the Area Plan Commission at its public hearing on June 18, 2019 took the following action: Upon a motion by Oliver Davis, being seconded by Daniel H. Brewer and unanimously carried, a proposed ordinance of Five Corners LLC to zone from SF2 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District, property located at Northeast Corner of Corby Boulevard and South Bend Avenue, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this site will allow for the reutilization of a high-visibility corner for a dense commercial development that will meet the needs of the surrounding community. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Five Corners LLC Filed in Clerk's Office JUN. 192019 RAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN SERVING ST. JOSEPH COUNTY, SOUTH BEND , LAKEVILLE, NEW CARLISLE, NORTH LIBERTY , OSCEOLA & ROSELAND W W W. S J C I N D I A N A.C O M 1 3 0 6 1 a r e a- p l a n ra i" z y 9 14;.*:.: Q e V\c,\ REZONING., i Q 4. 2899-19 i is ai r 6 114 555 koili„:„ 4, 4144. 4444444,4444. i,.. l e. d Y. 1'.:.., i., N-.. .)//,/ .• i / 41:// ::''''''' *I'. ' ti lt' // All0®/ r.' / 1ii fo...40, „,. ,_ :..',..... . , ..._ 7,,,, 1 ., wr,., 4/ 1. . .s. d 0 j er, •- 4 T.. ip.6,-NN -„,... _..,,, , ,,A.,..,,..., ,..41114 ,. ),- ler Caf c • :""-- . 1 r, 7 .1_' ' .- „, _.„,. , cc 1 r—IR iii01.;-_ :,- s r Q PORTAGE TOWNSHIP 9 100 feet N; N \ 1t. ....I r h 1. I`' 11,, % ,,,. _ t4. 1, .. r l fi IY y i 1 MU MU v4, 6 ,; h1F1 PUD {' f' ,,' r v MF1 SF2 MU M 2 y * /"; ij ,MF1 N di'''--'''. ';',''',','• -"`„'/ s i1, 4 ''''!,71-,'"rlt 4,4"; '''' --„„ dtio L 1MU4t Foa s SF2 y MU a 4''' , i,,i IL _ I 1 C [ Rn afn \. w.iy SF2 yq' wry- 1..' GB J Tf/) 1 s 1152 SF2 M U ISF2 I lifkoslit Rezoning from: SOUTH BEND SF2 SINGLE FAMILY & TWO FAMILY DISTRICT AND MU MIXED USE DISTRICT TO MU MIXED USE DISTRICT N MASTER ZONING KEY w (_ ; E SOUTH BEND "SF2" SINGLE FAMILY &TWO FAMILY DISTRICT s SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT 1 inch = 100 feet SOUTH BEND "MU" MIXED USE DISTRICT APC # 2899'19 SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT 7:-. __. g P. Eg 3 '8R 7 a: sI N g 3 8i - g 9i o WI a: '.togs Y o - 1 < - i o 4 og1 _ E. : 12_ Y h 41;11 t 3 1 t $ I Bid na z' . ?ry a RIal i l3V`- 1 n g o i m6 0 0 Y egg= .-21a '`< OH e :,, 1iIIi fit f,-ar„_Ila ”gig iC n iki wZ g§.z¢ j - i Z i OCe Z 3$ mZZO0 v ^– aM= art g 3 aur s s E-,ON 3 I Up u5 2C te.rt.- • ., I 8 ._. t,...,...- ZS z,..°'i4 VA o oz o g. B' 8 I 1w i p a fir: ejt.N o= gyp L-,O I s r J 9 1pQ cO s 4 m n/ tea^.t. e0 rg d n AMY 3 , OTW9d .......001[ a Wo z Vv.V- N`10 -0"1—1„-.;.7"/- iL., Qd i.,, o flit,z..\ co41 44-2,!44yE5 ^$ IL 41, N, silqh i 3 ^« g ir. N.'" •_ . Wig R _€ $a ., 85!: 0:1,8$' nQ `oap 3 D qi sa d } 7 , 5.. o.r. E gabr+S` 01 Eg3 gf3 a 1 G7 z, ie."y'i o .41219Vf$:.aT-- R 1 g A .c LI cam a L, L. rY1.$ , 1 yt.. 3 Staff Report 6/12/2019 APC# 2899-19 Owner: Five Corners LLC Location: Northeast Corner of Corby Boulevard and South Bend Avenue Jurisdiction: City of South Bend Public Hearing Date: 6/18/2019 Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District Land Uses and Zoning: On site: On site is vacant property. North: To the north, across South Bend Avenue, are single-family homes zoned PUD Planned Unit Development. East: To the east is vacant land and single-family homes zoned SF2 Single Family&Two Family District. South: To the south, across Corby Boulevard are single-family homes zoned SF2 Single Family&Two Family District. West: To the west, across South Bend Avenue, is vacant land zoned MU Mixed Use District and GB General Business District. District Uses and Development Standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site Plan Description: The site plan shows the placement of a new mixed-use building with three floors of office space and the top floor being residential. Parking is placed behind the front facade of the building and connects with the existing alley. A new plaza area will be constructed at the corner that integrates the existing trail. Future development will need to meet the development standards of the MU Mixed Use District. Zoning and Land Use History And Trends: The single-family homes to the north across South Bend Avenue were rezoned to PUD in 2011. Northwest across South Bend Avenue was rezoned to MU Mixed Use District for Eddy Street Phase 2 in 2016. Traffic and Transportation Considerations: South Bend Avenue is four lanes with left turn lanes. A multimodal path is located directly adjacent on the north side of the property. Corby Boulevard is two lanes with a APC# 2899-19 Page 1 of 3 Staff Report 6/12/2019 left turn lane. Utilities: The site is served by municipal water and sewer. Agency Comments: City Engineering offered favorably of the rezoning. They stated that an easement for a water main will be needed along South Bend Avenue. The Department of Community investment offers a favorable recommendation on the zoning change,but does not support the increase in building height. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future; and Objective ED 7: Support neighborhood-based economic development. Land Use Plan: The Future Land Use Plan identifies the site for mixed-use and medium-density residential. Plan Implementation/Other Plans: The Northeast Neighborhood Development Area Plan(2003) identifies this site for mixed- use development. 2. Current Conditions and Character: South Bend Avenue is major corridor with a mix of residential and commercial uses. This area has developed primarily as single-and multi-family residential uses, with commercial uses located to the west across South Bend Avenue. 3. Most Desirable Use: The most desirable use for the property is one that activates this community node and features a mix ofuses to meet the needs of the surrounding properties. 4. Conservation of Property Values: With proper landscaping, developing a currently vacant site for office and residential uses should not adversely affect adjacent property values. 5. Responsible Development And Growth: It is responsible development and growth to locate dense,mixed-use buildings at major intersections and corridors. Combined Public Hearing This is a combined public hearing procedure. The rezoning will be sent to the Common Council with or without a recommendation.The variances will be approved or denied. APC# 2899-19 Page 2 of 3 Staff Report 6/12/2019 The petitioner is seeking the following variance(s): 1) from the maximum allowed building height of 40 feet and 3 stories to 63 feet and 4 stories 2) from the NNZO maximum allowed building height of 60'to 63' 3) from the required landscaping to the proposed landscaping shown; 4) from the NNZO minimum parking setback from building facades of 15'to 9' State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved.The standards and their justifications are as follows: 1)The approval will not be injurious to the public health, safety,morals and general welfare of the community; Approving variances 3 and 4 will not be injurious to the public health, safety,morals and general welfare of the community. Approving variances 1 and 2 may impact the general welfare of the surrounding community by establishing a denser urban environment than what currently exists. 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; By placing proper landscaping adjacent property should not adversely be affected by approving variances 3 and 4. By approving variance 1 and 2, the use and value of the adjacent area is at risk since no other development in the area is at the proposed height. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Not approving variances 3 and 4 would cause practical difficulties due to the triangular configuration of the site and being bordered on all sides by two streets and an alley. There is no practical difficulty on the site that would cause an increase in the height of the building. Staff Comments: The staff is unsure of what the hardship is ofmeeting the required building height. Recommendation: Based on information available prior to the public hearing, the staff recommends sending this rezoning petition to the Common Council with a favorable recommendation. The staff recommends denial of variances 1 and 2. Analysis: Rezoning this site will allow for the reutilization of a high-visibility corner for a dense commercial development that will meet the needs of the surrounding community. APC# 2899-19 Page 3 of 3 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY- CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6, 2019 Filed in Clerk's Office Honorable Common Council MAY 0694thFloor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN RE: 3102 Mishawaka Avenue APC# 2896-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting, and set it for public hearing at your June 24th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. The petitioner provided the following narrative to describe the proposed project: The rezone is being requested to remodel a duplex that was nonconforming. Ifyou have any questions, please feel free to contact our office. Si rely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S TJ O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N BILL NO. 13-19- DISTRICT NO. 3 ( Councilmember Sharon L McBride) BILL NO. 13-19 ORDINANCE NO. ___________ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from MU Mixed Use District and SF2 Single Family & Two Family District to MU Mixed Use District.. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN ME. LISTENBURGER'S FIRST ADDITION TO SOUTH BEND, AND A PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REP LAT OF LOT'S 1-3 & 4 LISTENBURGER'S 1ST ADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT PUBLIC ALLEY 308.60 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF CORBY STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE (3) COURSES, NORTH 55°44'39" WEST 60.95 FEET; THENCE NORTH 55°27'29" WEST 140.56 FEET; THENCE NORTH 13°13'55" WEST 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE (STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR (4) COURSES, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET, WITH A RADIUS OF 1400. 00 FEET, WITH A CHORD BEARING OF NORTH 41°11 '39" EAST, WITH A CHORD LENGTH OF 175.83 FEET, AND NORTH 00°38'28" WEST 16.94 FEET, AND NORTH 46°08'54" EAST 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOWARD STREET,· THENCE NORTH 89°21'26" EAST ALONG SAID SOUTH RIGHT-OF- WAY LINE, 13.67 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS' EASEMENTS, AND RESTRICTIONS OF RECORD. be and the same is hereby established as MU Mixed Use District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION III. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: ________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the _______ day of ____________________, 2019, at _______ o’clock ___. m. __________________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2019, at ___ o’clock ___.m. __________________________________________ Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDI .1T 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: Address es) - if none, give the general location with the nearest intersection X102.. 102S-. R&SIvc aka vette, trXttAtefid, (N l 2) The property Tax Key Number(s) is/are: Enter property tax key number(s) 0t8- Go57- t9a 3) Legal Descriptions: Enterfull legal description APR klieg, lD`T ;05' 2U -OO I•-a • k.Ls . r0-?, ) 45 5ft o -fire redo z, t 4) Total Site Area: Enter total acres to be rezoned '` i Tai n t'' kr'i tt-% 11(1, ° m 11` amegecaj: ., r •o0 V1Q.ZD, ( .^ivi. 'Vic • 5) Namef address of property owner(s)of the petition site: 1 ik' c , Irdiau w , 'fit Name 1 ,Zi . % t H;! COU, , i ma,.I Address V9 % `H,.. Neigi City, State Zip Code I• :) IN L.(.0(o I Phone number with Area Code -4,r t E-Mail Address Vlel.G "Au Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name Filed in Clerk's Office Address I City, State Zip Code I MAY 06 1019Phone number with Area Code E-Mail Address KAREEMIAH fovVLER CITY CLERK,SOUTH BEND INNameandaddressofadditionalpropertyowners, if applicable: j 7) It is desired and requested that this property be rezoned: y From: Choose current zoning district Additional zoning district, if applicable OF `^U To: Choose proposed zoning district RUR 8) This rezoning is requested to allow the following use(s): Insert intended use(s) 2..4 \i 3lN4U, 9) Provide a brief and descriptive narrat•ve of the& i1It( cproposed project: i Z. Insert narrative '• t r AR 1I 2019 AREA PLAN COMMISSIONIFVARIANCE(S) ARE BEING REQUESTED(if not, please skip to next section): Apphcauon 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain how your variance petition addesses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Please explain how your variance petition addesses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): I) The Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addesses this criteria d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Please explain how your Special Exception Use petition addesses this criteria In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Name Address ttg we City, State Zip Code 11\1 AL&I Co Phone number with Area Code `}. Z L - ' a, E-Mail Addresstj, d . ( BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Sign. .• s)41rr:,.,3. ner(s • _'_. - ure of Attorney for all property owner(s): 1ZR- I ca 1 2019 AREA PLAN C iy °SIO A -i,cation#' Y1 . E oI.j 50,-8‘,3JI a` 11 j 4 " i• ?'aU a i'. i i t 5 o nfis1rG bt t N oq 1;3317,1-, . t , 4 I 1• - 0 , a ata c , , q }, mo o. <is;?4 II ..S{1 era! to 1!.- ,',':',',`.'7.,.27..":_::-...C t 1 10 1.. — oEI.....3 0 9:.Tl J,'ir A., N } " '1 ' L. I 0 j it f Y tm WiJJ.e ' („: 1!114 j j!45 - a a I ti q:-.1'.4' i t e w 1 I$.•• Jt 1 i ss.>J y 5'• .,,t w 1 r-1, z NY ' i y, .... t 1. i_I m 1,, 1 uwe3iVrJ ,Ii .-411..,,.'-- ..T t{ 01Lip-.1.7- of t 1.,=-,',.-,"I ti iiril ' ' 1. ate '1 1J li,'''''0 4Y .. . fz1 iI I t • h f r i i 5 i i Li I .i it, i; r 1 SII t t f 15.1 k r: LL i fr, 7 s-51-1,-''i iF.i.v.t'LL - A I cT 2 4,. 'fg13 Y i:i' y 11 fir.. ,, tnI ob1 1, Eli `: m 0 w a i, r g 4 y i. ET) , CO ,j ls s q v g ory 2 .Iii r _ IL 1 i iii' 11- Ems_" Xi ', r=_-_ Z w CO 1 I H o C 8 II. Iii. 1t 3 - o LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTO R AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 June 19, 2019 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill#13-19 Rezoning: APC#2896-19 3102 Mishawaka Avenue Dear Council Members: The Area Plan Commission held a public hearing on June 18th, 2019 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, June 24th, 2019. Ordinance & Petition Amendments: The site plan was changed and is attached. Public Hearing Summary: There was no one to speak in favor or against the petition. If you have any further questions, please feel free to contact me at(574)235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STJOSEPHCOUNTYINDIANA.COM/A R E A P L A N 0 LAWRENCE P. MAGLIOZZI I\I('IITI)I IIII(3( FUR 4. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. II FFFRSON RI VD., ROOM 1148 ('OIINlY-CI"I"Y RIIILI)IN(,, S0111 II BEND, INDIANA 456111 (574) 135.9571 Wednesday,June 19, 2019 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Xaris Properties, LLC to zone from OB Office Buffer District to MU Mixed Use District, property located at 3102 Mishawaka Avenue,City of South Bend-APC#2896-19. Dear Council Members: I hereby Certify that the above referenced ordinance of Xaris Properties, LLC was legally advertised on June 6, 2019 and that the Area Plan Commission at its public hearing on June 18, 2019 took the following action: Upon a motion by John R. McNamara, being seconded by Oliver J.Davis and unanimously carried,a proposed ordinance of Xaris Properties,LLC to zone from OB Office Buffer District to MU Mixed Use District, property located at 3102 Mishawaka Avenue,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this site to MU Mixed Use District is consistent with the Mishawaka Avenue Corridor and will allow for residential development consistent with the neighboring properties. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely l„.. ..._. Lawrence P. Magliozzi CC: Xaris Properties, LLC SERVING ST. JOSEPH COUNTY , SOUTH BEND . LAKEVILLE . NEW CARLISLE . NORTH LIBERTY . OSCEOLA & ROSELAND WWW SICINDIANA C O M/3 0 6 l a . ea p1,/, I , R I REZONING - 1 4141 e i I i :'.'' i 1 7, _ #2896=19 rc I 1 4:4' r l'i ' - ,,:, i,_----I ti.,,,,..i.„—.. ' ' t i'fi -a .y r •...L:1,:...'.. tTI 7I './ y m I t L., _4 Y,.0. rte- MISHAWAKA m- or 1 yIi 9Yrs I ` .. 9 , . ' s 1! -i...4 1 I.. 5 Vic§ 14 p_ 1x ZC I ilkirk 4 i- r $ 6 A`- - , [ s L I V i y e 1 1, p F Rte. t t •:'. I; oma % e N -r r' t-i , _PORTAGE-TOWNSHIP 1 :inch" --100 feet P L ' 1 NV VINE a. y, _. - k Ulna-mat: L___) -'''': ! 11: I::... 106,ki.. 4 ,Trifiaw Y ". -ur7 - i iSF2HSF2 SF2 .34,•:•4,4, F2 s SF2 tiC"• MSE_ ty 11011,1"A„r:r.,: r,'14: a kb,/ r,1' t a LB MU MU MU MF1 OB 1 i pry MISHAWAKA I art'=- •,i-.--=.141~-; I[' a MU r MU j ' 1egigis c SF2 1 i 44"::,___.,:,,,........ z M a W .. Iv A SF211 M i SF2 SF2 ''r SF2 I E1 x' I 74 :E s Rezoning from: SOUTH BEND OB OFFICE BUFFER DISTRICT TO MU MIXED USE DISTRICT MASTER ZONING KEY N iii\SOUTH BEND "SF2" SINGLE FAMILY&TWO FAMILY DISTRICT w i./ \'b1 e SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT s SOUTH BEND "OB" OFFICE BUFFER DISTRICT 1 inch = 100 feet SOUTH BEND "MU" MIXED USE DISTRICT APC # 2896'19SOUTHBEND "LB" LOCAL BUSINESS DISTRICT Staff Report 6/12/2019 APC # 2896-19 Owner: Xaris Properties, LLC Location: 3102 Mishawaka Avenue Jurisdiction: City of South Bend Public Hearing Date: 6/18/2019 Requested Action: The petitioner is requesting a zone change from OB Office Buffer District to MU Mixed Use District. Land Uses and Zoning: On site: On site is a single-family home with a parking area located on the south side of the property. North: To the north, across Mishawaka Avenue, are business zoned MU Mixed Use District. East: To the east are homes zoned MF1 Urban Corridor Multifamily District. South: To the south are single-family homes zoned SF2 Single Family&Two Family District. West: To the west, across 31st Street, is are businesses zoned MU Mixed Use District. District Uses and Development Standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and,dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and,maintain an appropriate pedestrian scale,massing and relationship between buildings and structures within the district. Site Plan Description: The site plan shows the existing home, which will be used as a two-family dwelling, and parking to remain. The proper landscaping will be added on the west side of the property. Bumpers will be installed along the west edge of the parking lot to separate the sidewalk from the parking area. Zoning and Land Use History And Trends: Mishawaka Avenue has consistently been developed as a mixed-use corridor. Traffic and Transportation Considerations: Mishawaka Avenue is two lanes, with bike lanes and on-street parking. 31st Street,which the site will be accessed from, is two lanes with on-street parking. Utilities: The site is on municipal water and sewer. APC# 2896-19 Page 1 of 3 Staff Report 6/12/2019 Agency Comments: Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future; and Objective ED 7: Support neighborhood-based economic development. Land Use Plan: The Future Land Use Plan identifies the site for commercial uses. Plan Implementation/Other Plans: The site is located within the boundaries of the River Park Neighborhood Preservation Plan(1997),but there is no specific mention of the property in the plan. The plan calls for the overall beautification of the Mishawaka Avenue Corridor. 2. Current Conditions and Character: Mishawaka Avenue features a mix of residential and neighborhood-based businesses that addresses the needs of the surrounding community. 3. Most Desirable Use: The most desirable use for the property is residential or mixed-use that is compatible with the surrounding properties. 4. Conservation of Property Values: Locating a residential use should not adversely affect the property values of the adjacent properties. Any potential commercial development in the future will need to meet the appropriate development standards and is consistent with the Mishawaka Avenue Corridor. 5. Responsible Development And Growth: It is responsible development and growth to zone for mixed-use development along a historically mixed-use corridor. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing, the staff recommends sending this variance to the Common Council with a favorable recommendation. Analysis: Rezoning this site to MU Mixed Use District is consistent with the Mishawaka Avenue Corridor and will allow for residential development consistent with the neighboring properties. APC# 2896-19 Page 2 of 3 Staff Report 6/12/2019 APC# 2896-19 Page 3 of 3 r I t .y.' E 2.`s m C fl 4 1 it t riki t' 4 cESo xr n7- ' i K- 1 x. oc Esu/ gf (( 61 ei F.Y y C.Q O3o ice ' m r.' 17 ' rI'.''' re' - r 11 _ ~' '" Y `J r fit; r ..€ Y`= Ii m II, 4. II'} ? 4' j' 1 ratm. ti Sy, Py s.„-•,-:2------::-_-- 4 d J ms. Ci . j ,:41.,:‘,.::•-.. yr. gl } l^4+„t(RA, _,; tet ^540.11 14.-,:,,..—' S - I'. td. `}r-.' y+ 5. 4— ter' 41 I 'w:. k•, . I -n h•l yrrr fir• e Fyt t Sr8,) b t ISTf it s O 1 t of rt•5 i ,r ",h u t ' k .,f x a,r-.- e cr 4 rT• ;_` L R- y°,04 ; h ate-,T'fl )I ,nilr....rr iI r 4- j.'„i'= y r s el j 7.7 ty• l`3^1"r. F r a r 9offx ` t ^i yf. 11 ,- sk i x r. s r L Ir rrh. 4,40", s 2 1"j.-:•i-‘112,,,,1A7 I jl t -'" A I I r ^ A I SI 11 I I 1: j i s x Q- a 43,41r-me. t' I jf r r.4..."" f ry,,r,,, _+_?% _ 4H fib. r1. I., ) A i ? J z, at d s?t t :-•-' yI ',' a' k 11 1_ S-i,Rix- , r. '_`vT - `fir e--- m jilk r Edi 1 .. ) I E + . `,ry ^s,--r'. L'' ' - Y `__ XI'r nl'a L j`.A 1+ ” ` t;"'}k`: r v d .,r.1 lea `--y al,l at- a a. r II I 4i ''-T,r yA R .`i` ,,ger f k -.4 1,'++,''' a tri:qY ut t 1 s w * r9 I_ now-.a,,.. ,—i,_ t,_.,", ` ^B r -::.;:f'''''.'1'- I , d-' r n Y n.!naL t..-,,----,:-' .-.'-§ .,--...- -':-.--------:-.;=_.....-.,,, P7.,,,,,.*:,.,,---•4.-.,,-_.-23°,:t-°$-•'....i,L"r-.",'-'._•-:..-'-'-'" IS1.£ e5 b y I i Ae Y i .t4 Z IILSI'd 41di.ft. ,fr _y e - fr O u) y,1 QR 1 ns e I _H.ar-'riwn.{'r.nr». ' n..,.m-...L.`' 1 I 9 r 1-5409-810 `- EObf3bl-Sb09-BLO LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6, 2019 Honorable Common Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 MAY 06 2019 KAREEivIAILI FOWLER RE: SF3 Zoning Ordinance Amendment CITY CLERK,SOUTH BEND,IN APC#2897-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting,and set it for public hearing at your June 24th,2019 Council meeting.The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. Ifyou have any questions, please feel free to contact our office. Si rely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.S T I O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N SUBSTITUTE BILL NO 14-19 SUBSTITUTE NO. 14- 19 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. The ordinance does not facilitate development of missing middle"housing, units on the housing spectrum between detached single-family homes and mid-rise apartment buildings. Such housing can be built at a form and scale that is compatible with single-family neighborhoods, and it offers further housing choice and affordability. This ordinance would allow the construction of a mixture of single-family housing, multifamily housing of up to four units, and accessory dwelling units in walkable neighborhoods. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01.02 (a) Establishment of Districts, is hereby amended as follows: 1) Districts—The following districts are hereby established for the corporate limits of the City of South Bend, and land within said areas shall be designated on the Official Zone Map by the following symbols: GENERAL USE DISTRICTS SYMBOL Residential Districts Single Family and Two Family............... SF1....._. Single Family and Two FamilY..... . ......_..................... . .._. SF2 Residential Flex SF3 Multifamily- Urban Corridor MF1 Multifamily- High Density MF2 Commercial/Mixed Use Districts OfficeBufferce..... ......_.... .._..... OB Mixed Use MU eOfficO...f........ ..............._....... . 0 Local Business LB Community Business .... ........................... ......... CB Central Business District CBD General Business GB Industrial Districts Light Industrial LI General Industrial GI Planned Unit Developments PUD Overlay and Special Use Districts HP, U SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, is hereby amended by adding a new Section 21-02.05 as follows: Section 21-02.05 SF3 Residential Flex District. Intent—The SF3 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in both core and outlying areas of the City. The following are typical characteristics ofthe SF3 district: primarily for single family dwellings and two family dwellings, allowing up to four units and the addition of accessory dwellings to help meet the demand for affordable, urban living; buildings with modest setbacks and inviting building frontages, primarily of stoops and porches, that create a consistent block face along smaller city blocks; detached garages accessed from an alley; and pedestrian-oriented scale with sidewalks and regularly spaced street trees. a) Permitted Uses. 1) Primary Uses. A) One(1)Single Family Dwelling. B) One (1) Two Family Dwelling. * C) One(1)Multifamily Dwelling with no more than four units. * D) One (1) Cottage Court(see Section 21-02.05 (b) (13) for additional development standards). E) Accessory Dwelling(see Section 21-02.05 (b) (14) for additional development standards). F) Residential Facility for the Developmentally Disabled. G) Residential Facilityfor the Mentally Ill. H) Child Care Home (that is used as the primary residence of the person who operates the child care home). I) Religious Use. J) Public Park—Active or Passive. K) Private Park—Passive. L) Schools, Public or Private. Conversions that add one or more dwelling units, other than an accessory dwelling, to an existing Single Family Dwelling or Two Family Dwelling shall require a special exception. 2) Special Exception Uses. A) Educational Use: Including but not limited to: Child Care Center; Child Care Ministry; College; Pre-school; Public Library; University. B) Governmental Use: Including but not limited to: Fire Station or Police Station. C) Miscellaneous: Including but not limited to: Bed&Breakfast. D) Public Facilities: Including but not limited to: Cemetery—with or without Crematory, Funeral Home, Mausoleum or Mortuary; Community Center; Funeral Home; Mortuary; Parking Lot— Accessory; Private Park—Active. E) Recreation: Including but not limited to: Swimming Pool - private or public. F) Residential: Including but not limited to: Assisted Living; Group Home; Nursing Home. G) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Sewage Treatment Plant; Telephone Exchange; Water Tower; Water Treatment Plant. 3) Accessory Uses—See Section 21-02.11 (a)—Accessory Uses, Buildings and Structures. 4) Temporary Uses—See Section 21-02.11 (b)—Temporary Uses, Buildings and Structures. 5) Home Occupations— See Section 21-02.11 (c)—Home Occupations. b) Development Standards. 1) Utilities—Connection to public water and public sanitary sewer facilities shall be mandatory for development in this district. 2) Minimum Lot Width — 15 feet. Access shall be from either a public street or an abutting alley; provided, however, if access is available from an alley which is open to traffic, there shall be no access from the public street. 3) Maximum Lot Coverage—60 percent. 4) Minimum Yards and Building Setbacks A) Front—a minimumfront yard and building setback measured from the greater of the proposed right-of-way or existing right-of-way shall be provided as follows: Minimum Maximum Primary Building: Residential Uses 10' 20' Primary Building: Nonresidential Uses 10' NA In elevation view from the street frontage, at least sixty-five (65) percent of the length of thefacade(s) of the building(s) facing a primary street and fifty(50)percent facing a secondary street shall be located at or between the minimum setback and the maximum setback. B) Side—a minimum side yard shall be provided along all side lot lines as follows: Primary Building: Residential Uses—5' Primary Building: Nonresidential Uses—20' Accessory Building—5' A side setback is not required between attached dwellings. For the purposes of this regulation, no more than four dwellings, whether on one or more than one lot, shall be attached. C) Rear—a minimum rear yard shall be provided along all rear lot lines as follows: Primary Building—20' Accessory Building—5' 5) Maximum Building Height A) Primary Building—35', but not to exceed two and one-half(2 1/2) stories B) Accessory Building— 18'; provided,however, an accessory dwelling may be built to a maximum height of 24' if it is located at least 20' from the rear lot line of an abutting lot. 6) Landscaping—See Section 21-07.01 —Landscape Regulations. 7) Lighting—See Section 21-07.02—Lighting Regulations. 8) Signs—See Section 21-07.03 —Sign Regulations. 9) Parking—Off-street parking areas shall not be required for any use located in the SF3 District. Any off-street parking areas which are provided, even if not required, shall be developed in compliance with the design and construction standards set forth in Section 21-07.04—Off-Street Parking Regulations. 10) Loading—See Section 21-07.05 —Off-Street Loading Regulations. 11) Greenway Connection Required—If a development abuts any portion of a greenway, a direct linkage from the development to such greenway shall be provided. 12) Orientation. A) The main entrance must be located on thefront or side façade and be visible from the street. Additional entrances may be located on any façade. B) A walkway shall connect the sidewalk to the main entrance. 13) Development Standards for Cottage Courts—More than one single family dwelling may be located on a lot when such dwellings are developed as a cottage court having no more than four primary dwellings. The Zoning Administrator shall determine whether a project qualifies as a cottage court. 14) Development Standards for Accessory Dwellings. A) The owner(s) of the lot upon which the accessory dwelling is located shall occupy at least one of the dwellings on the premises. B) Only one accessory dwelling is allowed per lot. C) The living area of an accessory dwelling shall be no more than 75%of the living area of the primary dwelling unit or 800 square feet, whichever is less. D) An attached accessory dwelling shall be set back at least 20 feet from thefrontfaçade of the primary building and must meet all required side and rear setbacks for a primary building. E) A detached accessory dwelling shall be located behind the rearfaçade of the primary building, shall be separated from other buildings by at least 10', and shall meet all required setbacks for an accessory building. F) A detached accessory dwelling shall not be taller in feet than the primary building on the lot and must meet all accessory height requirements. G) A detached accessory dwelling shall not be wider than 36 feet. SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.01 (b) Landscaping of Required Perimeter Yards and Residential Bufferyards, is hereby amended as follows: TABLE 21-07.01 - A: RESIDENTIAL BUFFERYARD LANDSCAPING Zoning of Zoning of Subject Property Adjacent Property SE /Uwww OB MU 0 LB CB CBD GB LI GI PUD SF1 (4) B B BBB B B C C C (2) SF2 (4) B B BBB B B C C C (2) SF3 (4) B BBBBBB CCCM MF1 (4) A B BBB B B C C C (2) MF2 (4) A B BBB B B C C C (2) PUD (3) B B BBB B B C C C (2) 3) Landscaping of Required Residential Bufferyards for permitted non-residential uses in the SF1 Single and Two Family Residential Districts, SF2 Single and Two Family Residential District, SF3 Residential Flex District, MF1 Urban Corridor Multifamily District and MF2 High Density Multifamily District. Landscaping required in any portion of a front residential bufferyard, side residential bufferyard or rear residential bufferyard which is not occupied by improvements permitted in sub-Section"Use of Minimum Yards and Residential Bufferyards" in the applicable district, shall consist of Type A: Open. (Ord. No. 9653-06) SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.03 (c) On-Premise Signs, is hereby amended as follows: c) On-Premise Signs: SF1, SF2, SF3, MF1 and MF2 Districts SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21-11.02 Definitions, is hereby amended as follows: Dwelling, Accessory: A dwelling unit which that is subordinate and incidental to y Use-ef a primary building on the same lot .An accessory dwelling may be detached or attached to the primary building. SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana LAWRENCE P. MAGLIOZZI 1:\1:111I I\'L DIRIC IOR AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 June 19, 2019 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #14-19 Rezoning: APC#2897-19 SF3 District Dear Council Members: The Area Plan Commission held a public hearing on June 18th, 2019 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, June 24th, 2019. Ordinance & Petition Amendments: The ordinance has changed since the original submittal and the most recent version is attached. Public Hearing Summary: There was one person who spoke in favor. Brian McMorrow was speaking in favor for the Home Builders Association. He stated SF3 will allow for more housing options to meet the needs of South Bend. If you have any further questions, please feel free to contact me at(574) 235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.S T J O S E P H C O U N T Y I N D I A N A-COM/A R E A P L A N LAWRENCE P. MAGLIOZZI eloc AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 227 W. JFFFFRSON BLVD., ROOM 1140 COIIN"TY-CITY BUILDING, SOUTH RF NI), INDIANA 46601 (574) 2215-9571 Wednesday, June 19, 2019 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A Ordinance initiated by the Common Council of the City of South Bend, Indiana,amending Chapter 21 of the South Bend Municipal Code, Article 1 Basic Provisions,Article 2 Residential Districts, Article 7 General Regulations,and Article 11 Definitions to add a new SF3 Residential Flex District-APC#2897-19. Dear Council Members: I hereby Certify that the above referenced ordinance of Initiated by Common Council was legally advertised on June 6,2019 and that the Area Plan Commission at its public hearing on June 18,2019 took the following action: Upon a motion by Daniel H. Brewer,being seconded by Robert M.Hawley and unanimously carried, a proposed ordinance initiated by Common Council is sent to the Common Council with a FAVORABLE recommendation. This ordinance will permit a mix of housing types built at a form and scale that is compatible with single-family neighborhoods which will further housing choice and affordability. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, P- Lawrence P. Magliozzi SERVING ST. JOSEPH COUNTY . SOUTH BEND, LAKEVILLE . NEW CARLISLE, NORTH LIBERTY , OSCEOLA & ROSELAND ww.SJCINDIANA CDM1)061a, sa.9la, LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dirertol AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEEI-ERtiON BLVD., ROOM 1140 COUNTY-CIM BUILDING, SOLIIH BEND, INDIANA 36601 (574) 235-9571 May 6,2019 Filed in Clerk's Cffl .e Honorable Common Council 4th Floor,County-City Building MAY 0 6 2013 South Bend, IN 46601 KAREEMAH FO'v,' CITY CLERK,SOUTH E T i.);.1 !NI RE: CBD Zoning Ordinance Amendment APC#2898-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment at the above referenced location.Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting,and set it for public hearing at your June 24th,2019 Council meeting.The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Si rely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N DIANA COM/A R E A P L A N SUBSTITUTE BILL NO. 15-19 SUBSTITUTE BILL NO. 15-19 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Experience in using the Ordinance's provisions for the CBD Central Business District has shown that development in this district is unable to meet its full potential through efficient use of sites and the incorporation of high quality design that supports a vibrant public realm. This ordinance revises uses and development standards to better support the development of a mixed-use urban core having pedestrian-oriented design. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/ Mixed Use Districts, Section 21-03.06 CBD Central Business District, is hereby deleted and replaced with a new Section 21-03.06 as follows: Section 21-03.06 CBD Central Business District. Intent—The CBD Central Business District is established to promote the development of the downtown region of the City of South Bend as a high intensity urban center for a multicounty region. The following are typical characteristics of the Central Business District: a mixture of mid-rise and high rise mixed-use developments, including a variety of compatible building types and urban uses; buildings with active building frontages set at or close to the sidewalk; and pedestrian-oriented scale with wide sidewalks, regularly spaced street trees, and amenities that create a walkable environment. a) Permitted Uses. 1) Primary Uses. A) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Cottage School; Public Library; School— Commercial, Trade or Business. C) Food Sales and Service: Including but not limited to: Bakery—Retail; Bar *; Cabaret—21 and Over *; Cabaret—Family; Convenience Store; Dairy Bar—Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store—Retail; Manufacturing Retailers; Nightclub *; Restaurant—Fast Food; Restaurant—Family; Restaurant—Family with Lounge; Tavern *; Yogurt Store—Retail. D) Governmental Use: Including but not limited to: Governmental Offices; Post Office—without outdoor parking of delivery vehicles. E) Miscellaneous: Including but not limited to: Bed& Breakfast; Bus, taxi, or limousine terminal, without repair; Clinic (medical, dental or optometrists); Conference Center; Cottage Business/Residential; Electrical /Electronics Repair; Hospital; Hotel; Laboratories;Mini (Self Storage) Warehouse, Internal Access; Print Shop; Publishing; Radio/ TV Stations (provided any antenna shall comply with the regulations for Communication/Utilities); Video Production Studios. F) Office/Professional Services: Including but not limited to: Architect; Artist; Bank Machines - Walk-up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa; Fitness Center. H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Museum; Public or Private Park—Active or Passive; Religious Use; Commercial Parking Lot; Parking Garage. I) Recreation: Including but not limited to: Aerobics Studio; Amusement Arcade *; Banquet Hall; Billiard Hall *; Dance Studio; Public Dance Hall *; Social Hall; Theater—indoor. J) Residential—In CBD Districts Located West ofthe St. Joseph River: Including but not limited to: Dwelling Units or Shared Housing— limited to (i) floors above the first floor or(ii) ground floor ofthe building if located behind another ground floor, non-residential permitted use; Convalescent Home; Nursing Home; Rest Home. K) Residential—In CBD Districts Located East of the St. Joseph River: Including but not limited to: Multifamily dwellings; Dwelling Units— limited to floors above the first or ground floor of the building; Convalescent Home; Nursing Home; Rest Home; Shared Housing. L) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Liquor Store; Music Store; Newsdealer; Pawnshop *; Shoe Store; Stationery and Book Store; Tobacco Store; Video Store. M) Utilities: Including but not limited to: Roof-top Antenna. Controlled Use. See Section 21-08.02— Special Regulations for Controlled Uses for additional requirements. 2) Special Exception Uses. A) Automotive Uses: Including but not limited to: Automobile Repair— major; Automobile Repair—minor; Automobile Parts Sales (new); Automobile Sales & Service; Automobile Quick Oil Change Facility; Gasoline Service Station with minor repair(not to exceed two (2) accessory indoor service bays); Gasoline Service Station without repair; Tire and Auto Service Center. B) Food Sales & Service: Including but not limited to: Restaurant—Drive In; Restaurant—Drive Through. C) Governmental Use: Including but not limited to: Post Office—with outdoor parking of delivery vehicles. D) Miscellaneous: Including but not limited to: Casinos, Approved Hotels and other areas where gambling games are conducted *; Off- Track Pari-mutuel Wagering Facility *. E) Office/Professional Services: Including but not limited to: Financial Institution with drive-up or drive-through facilities. F) Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments *. G) Recreation: Including but not limited to: Stadium; Arena. H) Residential (in CBD Districts located west of the St. Joseph River): Two Family Dwellings; Multifamily Dwellings; Group Residence. I) Residential (in CBD Districts located east of the St. Joseph River): Two Family Dwellings; Group Residence. J) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers; Any Ground Mount Antenna Installation. Controlled Use. See Section 21-08.02—Special Regulations for Controlled Uses for additional requirements. 3) Accessory Uses—See Section 21-03.11 (a)—Accessory Uses, Buildings and Structures. 4) Temporary Uses—See Section 21-03.11 (b)—Temporary Uses, Buildings and Structures. 5) Home Occupations—See Section 21-03.11 (c)—Home Occupations. b) Development Standards. 1) Minimum Project Width and Frontage - each project shall have a minimum lot width andfrontage on a public street of 20 feet. 2) Yards and Building Setbacks: A) Front- afront yard and building setback measured from the greater of the proposed right-of-way or existing right-of-way shall be provided as follows: Minimum Maximum Limited Access Highway: 50' NA All Other Streets: 0' 10' Provided, however, on all streets except limited access highways, building placement shall be in compliance with the following regulations: i.For sites containing one building—in elevation view from the streetfrontage, at least eighty-five percent (85%) ofthe length of the façade of the building facing a primary street shall be located at or between the minimum setback and the maximum setback, and at least fifty percent (50%) of the length of the façade of the building facing a secondary street shall be located at or between the minimum setback and the maximum setback; ii. For sites containing multiple buildings—in elevation view from the streetfrontage, at least eighty-five percent(85%) of the visible façades of the buildings facing a primary street shall be located at or between the minimum setback and the maximum setback, and at least fifty percent (50%) of the visible façades of the buildings facing a secondary street shall be located at or between the minimum setback and the maximum setback; and, iii. Parking areas and interior access drives shall not be located in front of a line five (5) feet behind thefront building line. If the lot does not have a building,parking areas and interior access drives shall have a minimum front setback often(10) feet. If a parking area or interior access drive is located less than fifteen 15) feet from thefront lot line, it shall be screened by a compact row of shrubs/hedge plants planted three feet on-center 3' o.c.) immediately behind thefront building line. Shrubs shall be at least twenty-four inches (24") at time of planting. B) Minimum Side Yard and Setback—Zero (0) feet, provided,however, if a side yard is provided along a side lot line not abutting an alley, such setback shall not be less than five (5) feet. C) Minimum Rear Yard and Setback—The minimum rear yard and setback shall be as follows: i.Minimum Rear Yard- zero (0) feet, however, if a rear yard is provided along a rear lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Rear Residential Bufferyard—twenty(20) feet when not separated from a ground-floor residential use by a public alley. If separated from a ground-floor residential use by a public alley, no rear residential bufferyard is required. D) Minimum Yard and Setback from any lot line along the St. Joseph River or East Race—Fifteen(15) feet. 3) Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards, when required, shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01 —Landscape Regulations ofthis Ordinance and shall remain free from structures, except where expressly permitted below: A) Minimum Front Yards along limited access highways—may include: parking areas, loading areas, interior access drives, interior access driveways, or gasoline sales areas, provided that no portion of such area may be located closer to the right-of-way than fifteen (15) feet; or, signs as regulated by Section 21-07.03 —Sign Regulations ofthis Ordinance, and shall be otherwise maintained as open space free from buildings or structures; B) Minimum Rear Residential Bufferyards—may include driveway connections to adjoining lots, or walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said yards shall otherwise be maintained as open space free from buildings or structures; C) Minimum Yards along the St. Joseph River and East Race—may include walkways or other pedestrian way connections to adjoining lots; plazas; outdoor seating areas; stoops,patios,porches, and decks less than 30" above grade; or, signs as regulated by Section 21-07.03 —Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures. 4) Building Height. A) CBD Districts Located West of the St. Joseph River: i.Minimum Front Facade Height—in the elevation view from the streetfrontage, sixteen(16) feet. ii. Maximum Building Height—the lesser of one-hundred and fifty 150) feet or twelve (12) stories. B) CBD Districts Located East of the East Race Waterway: i.Minimum Front Facade Height—in the elevation view from the street frontage, sixteen(16) feet. ii. Maximum Building Height—the lesser of sixty(60) feet or five 5) stories. C) CBD Districts located in the area bounded by the St. Joseph River and the East Race Waterway: i.Minimum Front Facade Height—in the elevation view from the street frontage, sixteen (16) feet. ii. Maximum Building Height—no greater than one hundred fifty 150) feet. 5) Landscaping—See Section 21-07.01 —Landscape Regulations. 6) Lighting—See Section 21-07.02 —Lighting Regulations. 7) Signs—See Section 21-07.03 —Sign Regulations. 8) Parking—See Section 21-07.04—Off-Street Parking Regulations. 9) Loading—See Section 21-07.05 —Off-Street Loading Regulations. 10) Greenway Connection Required—Ifthe lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. 11) Outdoor Operations—All uses and operations (except off-street parking, off-street loading and delivery and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: A) Outdoor seating for restaurants, provided that such outdoor seating: i.shall not be located in any street right-of-way except as permitted by the Board of Public Works; and, ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards. B) Outdoor display or sales of merchandise: i.shall not be located in any street right-of-way except as permitted by the Board of Public Works; ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards; iii. shall not exceed ten percent(10%) of the gross floor area of each non-related and separately operated use; iv. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; and, v.shall be merchandise normally found within the on-premise business. C) Walk-up customer service windows or Automated Teller Machines ATM's), provided that such facilities are not free-standing and are set flush with the façade of the building. 12) Building Design and Orientation. A) Orientation. i.Primaryfacades shall be oriented to thefront lot line. When on a corner lot, the primaryfacade shall be oriented to the primary street. ii. The primary building entrance shall be located on thefront facade. B) Articulation and Activation. i.Frontfaçades greater than fifty(50) feet in width shall provide articulation as follows: a.Vertical articulation, such as bays, columns,pilasters, recessed entries, awnings, or other architectural treatments, is required to visually break up the massing of thefaçade into segments no greater than 25 feet in width. b.Horizontal articulation, such as belt courses, cornice lines, entablatures, friezes, changes in materials or window patterns, recessed entries, awnings or canopies, or other architectural treatments, is required. ii. For commercial and mixed-use buildings, the minimumfront facade surface that shall be glazed (window and door surface area) is as follows: a.Ground floorfrontfaçade surface along a primary street sixty(60)percent; b.Ground floorfrontfacade surface along a secondary street or civic space—forty(40)percent; c.Upper floor frontfacade surface along a primary street— fifteen(15) percent. The ground floorfrontfacade glazing is calculated based on the total facade area between two (2) and eight (8) feet above the finished ground floor level. The upper floorfrontfaçade surface area is calculated based on the total façade area located between the surface of any floor to the surface of the floor above it or the elevation ofthe roof Windows and doors shall have clear(untinted) glass and shall be open to the interior(not faux). iii. Except for civic buildings, the distance between building entries shall not exceed 100'. iv. A walkway shall connect from the sidewalk to the primary entrance. C) Building Materials. Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. ii. Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (iii), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section(i), above, for additions to existing buildings. iii. New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each frontfaçade: a.All brick or stone(limestone, granite, etc.), excluding window, display window, door,roofing, fascia and soffit materials, provided that the brick or stone used on each applicable facade shall include at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: 1.Primary Building Material: The primary building material shall be either: brick; stone limestone, granite, etc.); synthetic equivalents of brick or stone; architectural pre-cast concrete, if the surface looks like brick or stone; traditional lime-based stucco; or fiber cement, and shall constitute a minimum of sixty-six (66)percent of each applicable facade excluding glazed surfaces. Exterior insulation and finish system E.I.F.S.) or equivalent; vinyl; or standard, fluted, or split face concrete masonry units CMUs) are prohibited as a primary building material. 2.Secondary Building Material: The secondary building material shall constitute a minimum of ten (10)percent of thefaçade excluding glazed surfaces. Glass curtain wall may qualify as a secondary building material. 3.Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on eachfrontfaçade. iv. Building materials used on the frontfaçade shall extend a minimum depth of sixteen(16) inches along the side façade as measured from the face of thefrontfaçade. D) Mechanical Equipment—HVAC equipment shall not be placed in the front yard or on thefrontfaçade. 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. 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JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 June 19, 2019 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #15-19 Rezoning: APC#2898-19 CBD District Dear Council Members: The Area Plan Commission held a public hearing on June 18th, 2019 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, June 24th, 2019. Ordinance & Petition Amendments: The ordinance has changed since the original submittal and the most recent version is attached. Public Hearing Summary: There were two people who spoke in favor. Brian McMorrow was speaking in favor for the Home Builders Association, though he brought up a concern about listing specific building materials as those could change quickly compared to the ordinance. Dan Buckenmeyer also spoke in favor. If you have any further questions, please feel free to contact me at(574) 235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STJOSEPHCOUNTYINDIANA.COM/A R E A P L A N LAWRENCE P. MAGLIOZZI 41/0 F.0 ECll 1'I\P DlItI CTOIt AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. J1-I EFRSON BLVD., ROOM 1140 C'(IIINTY-('II'Y BIIl1I)ING, S(l11'IH BI-NII, INDIANA 4660 1574) 215-9271 Wednesday,June 19, 2019 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: An ordinance initiated by the Common Council of the City of South Bend, Indiana,amending Chapter 21 of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts to repeal and replace CBD Central Business District - APC#2898-19. Dear Council Members: I hereby Certify that the above referenced ordinance of Initiated by Common Council was legally advertised on June 6, 2019 and that the Area Plan Commission at its public hearing on June 18,2019 took the following action: Upon a motion by John R. McNamara, being seconded by John DeLee and carried,a proposed ordinance initiated by Common Council is sent to the Common Council with a FAVORABLE recommendation.This ordinance revises uses and development standards to better support the development of a mixed-use urban core having pedestrain oriented design, characteristics appropriate for the urban center of a multi-county region. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, P. 1 . Lawrence P. Magliozzi SERVING ST. JOSEPH COUNTY . SOUTH BEND . LAKEVILLE , NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND W W W S I C I N D I A N A C O M l 1 0 6 l a, .. pl., Staff Report 6/11/2019 APC # 2898-19 Owner: Initiated by Common Council Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 6/18/2019 Requested Action: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 21 of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts to Repeal and Replace Section 21-03.06 CBD Central Business District. Staff Comments: This ordinance was drafted to simplify regulations and stimulate development in the heart of South Bend. Experience using the Ordinance's provisions for the CBD Central Business District has shown that development in this district is unable to meet its full potential. through efficient use of sites and development of standards to better support a vibrant public realm. The new CBD District seeks to promote a high intensity urban center with a mixture of mid-rise and high-rise mixed-use developments and pedestrian-oriented scale. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a FAVORABLE recommendation. Analysis: This ordinance revises uses and development standards to better support the development of a mixed-use urban core having pedestrian-oriented design, characteristics appropriate for the urban center of a multicounty region. APC # 2898-19 Page 1 of 1 1200N COUNTY-CITY BUILDING pL'1'H.6 PHONE 574/ 235-9217 227 W.JEFFERSON BLVD. O'` I `fj\FAX 574/ 235-9928 SOUTH BEND, INDIANA 46601- 1830 7 •/.::.:1-:.-z-----1/ C.q -• . \ 77'----7.--," t,4 ACF S_/,_, I., 1865 •.? CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE June 5, 2019 Mr. Tim Scott, President Filed in Clerk's Office City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor JUN 05_ 2019 1SouthBend, Indiana 46601 RE: June 2019 Transfer Ordinance KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2019, we plan to propose adjustments during four time periods—March, June, October and December. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on June 10, 2019 with 2nd reading, public hearing and 3rd reading scheduled for June 24, 2019. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, dix4-‘------4-Q00—• Daniel T. Parker City Controller EXCELLENCE $ ACCOUNTABILITY + INNOVATION + INCLUSION + EMPOWERMENT (; BILL NO. 16-19 BILL NO. 16-19 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2019 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets Ordinances#10615-18 and 10616-18 passed on October 8, 2018) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2019. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Filed in Clerk's Office JUN 05 2019 KAREEMAH-i FOWLER CITY CLERK,SOUTH REND,IN City of South Bend,Indiana June 2019 Budget Transfers budget transfersbetween different cost categories(i.e.personnel,supplies,services,capital)and/ordifferentdepartments/divisions within the same fund) May 28,2019 Common Council Approved 10#134119-Bill No.#N-19 Budget Department Fiscal Officer/ Account Project Increase/ Fund Name Name Account Name Contact Name Number Number (Decrease) Justification Parks&Recreation VPA/Golf Division Capital/Building Improvements Ken Glowecki 201-1102-452.42-02 140,000 Transfer expected savingstofund Erskine GolfCoursebuilding improvements. Parks&Recreation VPA/Golf Division Personnel/Salaried Wages Ken Glowacki 201-1102-452.10-01 10,000)Transfer expected savingsto provide funding for Erskine building improvements. Perks&Recreation VPA/Golf Division Personnel/TeamsterWages Ken Glowacki 201-1102-452.10-02 10,000)Transfer expected savingsto provide funding for Erskine building improvements. Parks&Recreation VPA/Golf Division Personnel/Permanent Part-TimeWages KenGlowecki 201-1102-452.10-09 45,000)Transfer expected savingsto provide funding for Erskine building improvements. Parks&Recreation VPA/Golf Division Personnel/Health Insurance KenGlowecki 201-1102-452.11-08 5,000)Transfer expected savingsto provide funding for Erskine building improvements. Parks&Recreation VPA/Golf Division Supplies/OtherOperating Supplies Ken Glowacki 201-1102-452.22-24 15,000)Transfer expected savingsto provide funding for Erskine building improvements. Perks&Recreation VPA/Golf Division Supplies/Plants/Chemicals/Seed/Fed KenGlowacki 201-1102-452.22-25 25,000)Transferexpected savingsto provide funding for Erskine building improvements. Perks&Recreation VPA/Golf Division Supplies/Concessions Inventory KenGlowacki 201-1102-452.22-30 15,000)Transfer expected savingsto provide funding for Erskine building improvements. Parks&Recreation VPA/Golf Division Supplies/OtherR&M Supplies KenGlowecki 201-1102-452.23-99 15.000),Transfer expected savingsto provide funding for Erskine building improvements. 5 Perks&Recreation VPA/Maintenance DebtService/Principal Ken Glowacki 201-1101452.38-01 114,725) Parks&Recreation VPA/Maintenance Debt Service/Interest KenGlowecki 201-1101-452.38-02 15,282)Transfer budget for 2018Vehicle Equipment Lease paymentsfrom PerksMaintenance Parks&Recreation VPA/Recreation DebtService/Principal KenGlowacki 201-1103-452.38-01 114,725 Division(1101)toParks Recreation Division(1103).(debt schedule 8171) 1 Perks&Recreation VPA/Recreation DebtService/Interest KenGlowacki 201-1103-452.38-02 15.242 s Motor Vehicle Highway Streets Services/Buildup Maintenance TerriSwift 202-0607-431.36-01 11,500 Installationof electronic securitygate atPublicWorksService Center building. Motor Vehicle Highway Streets Supplies/StreetMaterials Tem Swift 202-0607431.23-02 11.500)Reallocate funds to cover costsofsecurity gate. S EMS Capital Fund Fire Dept Interfund Transfers Out Amy Shirk 287-0902422.50-02 321,707 Transferto2018Fire Sl0.9 Bond DebtService Fund 350to fund debt service payments for the 2018Fire St0.9Bonds.(debt schedule 0.168) EMS Capital Fund Fire Dept DebtService/Principal Amy Shirk 287-0902422.38-01 170,000)Movedebt service payment budget to interfund transferout.Debt service for2018 Fire St 009 EMS Capital Fund Fire Dept DebtService/Interest Amy Shirk 287-0902422.38-02 151.707)Bonds tobe paidout ofFund 350 S - WaterWorks Operating WaterWorksBilling Services/OtherProfessionalServices Roxanne Lawson 620-0840-857.31-06 29,780 Temporary staffing needsatthe Utilities CustomerServiceoffice due toleave ofabsences. WaterWorks Operating WaterWorksAdmin Personnel/Salaried Wages Roxanne Lawson 620-0840-058.10-01 7 ManagerofOperations positionis vacant transfersavings to covertempstaffing needs. WaterWorks Capital WaterWorks Services/ConstrudierdEngineering Rosanne Lawson 622-0640-661.31-02 179,400 Ergineenng servicesforthePinhook WaterTreatment Plant Improvement Project0.119-003 WaterWorks Capital WaterWorks Capital/Water Treatment Equipment Roxanne Lawson 822-0640-415.43-62 1179.4001 Transferto covercostsofthe project. S Sewage WorksOperating .Sewers Services/Building Maintenance TernSwift 641-0821-792.36-01 11.500 Installationof electronicsecuritygate atPublicWorks Service Canter building. Sewage WorksOperating Sewers Supplies/Street Materials TernSwift 541-0621-792.23-02 11.5001 Reallocatefundsto covercostsofsecurity gate. S Grand Total s 2019 Budget Amendments 5/30/2019 Page 1 1200N COUNTY CITY BUILDINGSpLFiH'g PHONE 574/ 235-9217 227 W.JEFFERSON BLVD. 641 / FAXTri°%.FAX 574/235-9928 SOUTH BEND, INDIANA 46601-1830 ih l -:i.:::,..1-=-11./.., ! 5._.,,1865 4,,,,y CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE June 5, 2019 Filed in Clerk's Office Mr. Tim Scott, President City of South Bend Common Council JUN 05 2019227W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 Kp,REEI/IAH rOWLER RE: June 2019 Appropriation Ordinance–Civil City Funds CITY CLERK, SOUTH BEND,IN Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2019, we plan to propose adjustments during four time periods—March, June, October and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on June 10, 2019 with 2nd reading, public hearing and 3rd reading scheduled for June 24, 2019. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, naA....4e.;/„.._ Daniel T. Parker City Controller rr 'ibl. EXCELLENCE E ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT l''''' / BILL NO. 17-19 BILL NO. 17-19 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2019 OF$85,857 FROM GENERAL FUND (#101), $657,159 FROM PARKS & RECREATION FUND (#201), $28,150 FROM GIFT, DONATION, BEQUEST FUND (#217), 97,077 FROM HALL OF FAME DEBT SERVICE FUND (#313), $321,707 FROM 2018 FIRE ST#9 BOND DEBT SERVICE FUND (#350), $178,534 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377),$1,811,500 FROM COUNTY OPTION INCOME TAX FUND (#404), $3,300,000 FROM 2018 ZOO BOND CAPITAL FUND (#453),AND $70,000 FROM SMART STREETS BOND CAPITAL FUND (#753). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2019 operating and capital budgets in 2018 (Ordinance#10615-18 passed on October 8, 2018), which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2019 and set apart within the following designated funds for expenditures as follows: FUND Amount General Fund (#101) 85,857 Parks & Recreation(#201) 657,159 Gift, Donation, Bequest Fund (#217) 28,150 Hall of Fame Debt Service(#313) 97,077 2018 Fire St#9 Bond Debt Service(#350) 321,707 Professional Sports Development (#377) 178,534 County Option Income Tax (#404) 1,811,500 2018 Zoo Bond Capital (#453) 3,300,000 Smart Streets Bond Capital (#753) 70,000 TOTAL 6,549,984 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Tim Scott,Council President South Bend Common Council Attest: Kareemah N. Fowler,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019,at o'clock m. Pete Buttigieg,Mayor City of South Bend, Indiana Fifed in Clerk's Office li 1 JUN 052019 1 KAREEIVIAH FOWLER CIS1 CLERIC,SOUTH_BE_Np. ,IN City of South Bend,Indiana June 2019 Additional Appropriation Requests-Civil City Funds increase ordecrease in total fund expenditures) May 28,2019CommonCouncilApproved##l##/19-Bill No.##-19 Budget Department Fiscal Officer! Account Project Increase/ Fund Name _ Name Account Name Contact Name Number Number (Decrease) Justification f I I I I I Supported by New Revenue Parks&Recreation VPA/Leighton Grant CapitalI Land Improvements Ken Gbwacki J201-1151-452.42-01 $ 1000000 Request an additionalappropriationto spendtheLeightonFoundation 11 private granttowardsthe Howard Park project 1,000,000 I I I I I I I_ Capital Projects GeneralFund Ponce Dept Capital!Police Equipment Renata Matousove 101-0801-421.43-06 $ 85,857 Requestan additionaleppropriation topurchase Recorditem. Fundsare needed to purchase Record system to replacean old system that isfailing. The purchase was originally budgeted as lease in fiveannual installments. Payingin cash willsave$10,839 in interestexpenses. Tospeed upthe purchasethe City identified funds previouslyappropriated for otherpurchases.Thin appropriation requests in to replenish the funds for otherpurchases. Packs&Recreation VPA/GolfDivision Capital/Building Improvements Ken Gbwacd 201-1102-452.42-02 S 61,000 Requestan additional appropriation to fund Erskine Golf Coursebudding improvements. CountyOptionIncomeTax(COIT) Admin&Finance ServicesI Other Professional Services AmyShirk 404-0672-415.31-06 $ 1,811,500 Appropriate additionalfunds for implementation oftheCat's newaccountingsoftware:MicrosoftDynamics 365forFinance&Operations(OFO). Thepeenwasmigeelyto borrowthis amount.However,with currentcash reserves.theCity has the opportunitytosave 0150,000*in interest costs by paying forthin implementation outof cash reserves. Smart Streets Bond Capital Community Investment Capital/Land Improvements , Beth Leonard 753-1001-460.42-01 $ 70,000 Requestanadditional appropriationto disburse theremaining 2015 Smart Streets Bond proceedsto reimbursethe Cdy ofSouth Bendforcosts the Ctypaid forthe Smart Sheets project 9 2,028,357 I I I I f. Administrative Items Parks&Recreation RegionalCities Grant Services/Other Professional Services KenGlmvacki 201-1111-452.31-06 90,350)Reduce budget to equal amount left tospend forthe Regional CSS GrantParks&Recreation RegionalCitiesGrant Capital!Land Improvements Ken Gbwacki 201-1111-452.42-01 313.4911 403,841) Gift,Donation,Bequest Human Rights Promotional Rahman Johnson 217-1008-415.33-03 19,150 Annual Human Rights Dinnerand otherpromotionalexpensesGift,Donation,Bequest Human Rights Scholarship Luncheon Exp RahmanJohnson 217-1008-415.39-62 2,000 Budget for thescholarship luncheonGift,Donation,Bequest HumanRights Scholarships Paid Rahman Johnson 217-1008-415.39-63 7000 Budget forscholarshipspaid from luncheon proceeds 28.150 -Move Human Rights scholarship programfrom Human Rights Federal Grant Fund 258 to the GTL Donation,Bequest Fund 217.Thinwit hep track the schotarshp cashandseparate it from theHUD and EEOC grantactivity. Hall ofFame DebtService Admin&Finance Interfund Transfer Out Amy Shirk 313-0401460.50-02_ 5 97,077 Transferfrom Fund 313toCOITFund404.CloseFund 313 nowthat HOF bondsare paid off.Transfer remaining cashbalance to Fund 404 to repay Fund 404 for the debt servicepayment thatFund 404 madetowards the HOF bonds in 2017. 2019 Budget Amendments 5/30/2019 Page 1 City ofSouth Bend,Indiana June 2019 Additional Appropriation Requests-Civil City Funds increase or decrease in totalfund expenditures) May 28,2019CommonCouncilApproved##/##/19-Bill No.##-19 BudgetDepartmentFiscalOfficer/ Account Project Increase/Fund Name Name Account Name Contact Name Number Number (Decrease) JustificationII Administrative Items 2018 Fire St#9 Bond Debt Service FireDept Debt Service/Principal AmyShirk 350-0901-422.38-01 170600 Establish budgetfor2019 FireStation#9 Bond payments(debt schedule#168)2018 AreSt#9 Bond Debt Service Fire Dept Debt Service/Interest AmyShirk 350-0901-422.38-02_ _ 151.707 Funded bytransfers in from the EMSCapital Fund 287. S 321,707 ProfessionalSportsDevelopment Admin 8 Finance Interfund TransferOut Amy Shirk 377-0401-452.50-02 $ 178,534 CloseFund 377 now thatCove bondsare paid off.Transferremaining cash balance toEDIT Fund408 torepay Fund 408 forthe funds itgave Fund 377 to pay debtservice on the 2010 Covebonds. 2018 Zoo Bond Capital VPAI PolawatomiZoo Capital/Land Improvements Amy Shirk 453-1104-452.42-01 $ 3,300,000 Establish budget for 2018 Zoo Bond CapitalFund to trackexpenditures of themo bond. Zoo bond proceeds are being held by USBank.The Cay requestsdisbursementsofthoseproceedsforinvoicesrelatedtothePotawatomi - Zoo project. Remaining bond proceeds at 12/31/18=$3,264,859+Plusestimated interest earningsduring 2019=$3,300,000 estimated budget for2019 _ 3,521,827 TotalCivilCity 6,549,984 2019 Budget Amendments 5/30/2019 Page 2 574/ 235-92171200NCOUNTY-CITY BUILDING a , pt!TH g\ PHONE574/235-9928227W.JEFFERSON BLVD.O \y y fI SOUTH BEND, INDIANA 46601-1830 ti .1 ::;;> /./,'/ S\,-" L7,. aC a x # x 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE June 5, 2019 Mr. Tim Scott, President Filed in Clerk's Office City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor JUN 0 5 2019SouthBend, Indiana 46601 RE: June 2019 Appropriation Ordinance– Enterprise Funds KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2019, we plan to propose adjustments during four time periods—March, June, October and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on June 10, 2019 with 2nd reading, public hearing and 3rd reading scheduled for June 24, 2019. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, JA„,"(4t0----- Daniel T. Parker City Controller INNOVATION INCLUSION EMPOWERMENTEXCELLENCE + ACCOUNTABILITY O , BILL NO. 18-19 BILL NO. 18-19 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2019 OF $960,000 FROM EMS CAPITAL FUND (#287), $177,475 FROM CENTURY CENTER OPERATING FUND (#670),AND $63,000 FROM CENTURY CENTER CAPITAL FUND (#671). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2019 operating and capital budgets in 2018 (Ordinance#10616-18 passed on October 8, 2018), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2019 and set apart within the following designated funds for operational expenses as follows: FUND Amount EMS Capital (#287)960,000 Century Center Operating(#670) 177,475 Century Center Capital (#671) 63,000 TOTAL 1,200,475 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office ofthe City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Filed in Clerk's Office JAN 05 2919 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN City of South Bend,Indiana June 2019 Additional Appropriation Requests-Enterprise Funds increase or decrease in total fund expenditures) May 28,2019 Common Council Approved##l##119-Bill No.##-19 Budget Department Fiscal Officer/ Account Project Increase/ Fund Name Name Account Name Contact Name Number Number (Decrease)Justification I I I Unanticipated Expenses CenturyCenterOperating VPA/CenturyCenter Interfund TransferOut Maricela Juarez 670-1147-645.50-02 177,475 Transferfunds from Century CenterOperating Fund670 to CenturyCenter Capital Fund 671 to covercostofexpansion studies. CenturyCenterOperating VPA/Century Center Services/OtherProfessional Svcs, Maricela Juarez 671-0406-645.31-08 63,000 Requestan additional appropriationtocover costofexpansion studies. 240,475 Capital Projects EMS Capital Fire Dept Capital/Building Improvements Renata Matousova 287-0902-422.42-02 960,000 Requestanadditional appropriation forrepairsand rehabilitation of Fire Stations 3&6. These projects were planned,but not budgeted becausethe full extent ofthe repairs needed to bedetermined beforebudgetestimates could becompleted. Ifpostponed,the project costs would likelygo upandsome temporary repairs would have to be completed this year. The EMS Capital Fund has sufficient cash reservesto financethese projects. 960.000 Total Enterprise 1 200,475 2019BudgetAmendments 5/30/2019 Page 1 BILL NO. 19-46 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Depurr Direr<or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 AA . jEFFERHUA BLAD.. ROOM II+U CUUAF1 -C1TY BUILDING, vUUIH BEND. IADIA\ 466111 147+1 230-9571 June 13, 2019 Filed in Clerk's Office Honorable Common Council JUN 19 2019 4th Floor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN N RE: 1510 and 1520 Washington Street and 1636 Circle Avenue APC#2906-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 24th, 2019 Council meeting and set it for public hearing at your July 22nd, 2019 Council meeting.The petition is tentatively scheduled for public hearing at the July 16th,2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. The petitioner provided the following narrative to describe the proposed project: The proposed project will allow for the construction of a multi-family complex. If you have any questions, please feel free to contact our office. Sincerely, Shawn Klein Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W .STJOSEPFICOUNTTINDIANA C O M A R t A P L A N BILL NO. 19-19- DISTRICT NO. 2 Councilmember Regina Williams-Preston Filed in Clerk's Office JUN 192019 BILL NO. 19-19 KAREEMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1510 AND 1520 WASHINGTON STREET AND 1636 CIRCLE AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LI to MU for the construction of a multi-family dwelling complex. 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: PARCEL I: ALL THAT PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST, SITUATED IN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH AND STATE OF INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 8, AS SAID LOT IS KNOWN AND DESIGNATED ON THE RECORDED PLAT OF HARLINS SUBDIVISION OF LOT 82 OF STATE BANKS SECOND PLAT OF OUTLOTS, SAID SUBDIVISION BEING RECORDED IN PLAT BOOK 8, PAGE 161 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 90° WEST, ALONG THE SOUTH LINE OF WASHINGTON STREET 82.5 FEET WIDE) A DISTANCE OF 139.75 FEET TO THE NORTHWEST CORNER OF LAND DEEDED TO PACER OIL COMPANY, INCORPORATED IN DEED RECORD 678, PAGE 117 IN THE SAID OFFICE OF THE RECORDER, SAID POINT BEING THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 0°16' EAST, ALONG THE WEST LINE OF SAID PACER OIL COMPANY, INCORPORATED LAND A DISTANCE OF 258.4 FEET TO A POINT; THENCE SOUTH 5°39' EAST, ALONG THE WEST LINE OF SAID PACER OIL COMPANY, INCORPORATED LANCE A DISTANCE OF 8.43 FEET TO A POINT; THENCE SOUTH 90° WEST, PARALLEL WITH THE SOUTH LINE OF SAID WASHINGTON STREET A DISTANCE OF 44.47 FEET TO A POINT, SAID POINT BEING 50 FEET (MEASURED AT RIGHT ANGLES) FROM THE CENTERLINE OF THE FORMER PENN CENTRAL RAILROAD RACK; THENCE NORTH 27°31'30" WEST, PARALLEL WITH AND 50 FEET (MEASURED AT RIGHT ANGLES) FROM THE CENTERLINE OF SAID RAILROAD TRACK A DISTANCE OF 129.51 FEET TO A POINT; THENCE NORTH 0°16' WEST, PARALLEL WITH THE WEST LINE OF SAID PACER OIL COMPANY, INCORPORATED LAND A DISTANCE OF 151.92 FEET TO A POINT ON THE SOUTH LINE OF SAID WASHINGTON STREET; THENCE NORTH 90° EAST, ALONG THE SOUTH LINE OF SAID WASHINGTON STREET A DISTANCE OF 103 FEET TO THE PLACE OF BEGINNING. PARCEL II: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN THE CITY OF SOUTH BEND MORE PARTICULARLY DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF WASHINGTON STREET WITH THE EAST LINE OF SAID SECTION 10, SAID POINT BEING 25 FEET WEST OF THE NORTHWEST CORNER OF LOT NUMBERED 8 AS SHOWN ON HARLIN'S SUBDIVISION OF BANK OUT LOT NUMBERED 82 IN SAID CITY; THENCE SOUTH AT AN INTERIOR ANGLE OF 90°05' ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 325 FEET; THENCE WEST AT AN ANGLE OF 89°55' A DISTANCE OF 107.96 FEET; THENCE NORTHWESTERLY AT AN ANGLE OF 95°39'A DISTANCE OF 66.78 FEET; THENCE NORTH AT AN ANGLE OF 174°37' A DISTANCE OF 258.4 FEET TO THE AFORESAID SOUTH LINE OF WASHINGTON STREET; THENCE EAST AT AN ANGLE OF 89°44' ALONG THE SOUTH LINE OF SAID WASHINGTON STREET A DISTANCE OF 114.75 FEET TO THE PLACE OF BEGINNING. PARCEL III: BEGINNING AT THE INTERSECTION OF WASHINGTON AVENUE IN THE CITY OF SOUTH BEND, WITH THE WEST LINE OF BANK OUT LOT NUMBERED EIGHTY-TOW (82) OF THE SECTION PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA; THENCE RUNNING EAST ON THE SOUTH LINE OF WASHINGTON AVENUE 140 FEET TO THE WEST LINE OF A PUBLIC ALLEY 14 FEET WIDE; THENCE SOUTH ALONG THE WEST LINE OF SAID ALLEY 373 FEET; THENCE WEST 140 FEET MORE OR LESS TO THE WEST LINE OF SAID BANK OUT LOT NUMBERED 82; THENCE NORTH ON THE WEST LINE OF SAID BANK OUT LOT NUMBERED 82, 373 FEET TO THE PLACE OF BEGINNING; AND BEING ALL OF PART WHICH WAS FORMERLY LOTS NUMBERED SIX(6), SEVEN (7), EIGHT (8), SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19), TWENTY 20), TWENTY-ONE (21) AND ALL OF LOT NUMBERED FIVE (5), EXCEPTING 7 FEET OFF OF THE EAST SIDE AND ALL OF LOT NUMBERED 22, EXCEPTING 4 FEET OFF OF THE SOUTH SIDE THEREOF, TOGETHER WITH THE VACATED HARLIN COURT LYING WEST OF THE SAME AND THE VACATED ALLEY LYING NORTH OF SAID LOT NUMBERED 16, AS SHOWN ON THE RECORDED PLAT OF HARLIN SUBDIVISION OF SAID BANK OUT LOT NUMBERED 82 NOW VACATED AND COMMONLY KNOWN AS 1510 WEST WASHINGTON STREET, IN SOUTH BEND, INDIANA. CONTAINING 2.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as MU Mixed Use District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City ofSouth Bend,to the Mayor ofthe City of South Bend, Indiana on the day of 2019, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City ofSouth 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: 1510 Washington, 1520 Washington, and 1636 Circle South Bend, IN 46601 2) The property Tax Key Number(s) is/are: 018-3077-3062, 018-2002-001703, 018-2002-001705 3) Legal Descriptions: PARCEL I. All that parcel ofland being apart ofthe Northeast Quarter ofSection 10, Township 37 North, Range 2 East, situated in the City ofSouth Bend, County ofSt. Joseph and State ofIndiana, being more particularly described asfollows: Commencing at the Northwest corner ofLot 8, as said Lot is known and designated on the recorded Plat ofHarlins Subdivision ofLot 82 ofstate Banks Second Plat ofOutlots, said Subdivision being recorded in Plat Book 8,page 161 in the Office ofthe Recorder ofSt. Joseph County, Indiana; thence South 90° West, along the South line of Washington Street(82.5feet wide) a distance of 139.75feet to the Northwest corner ofland deeded to Pacer Oil Company, Incorporated in Deed Record 678,page 117 in the said Office ofthe Recorder, saidpoint being the place ofbeginning of this description; thence South 0°16'East, along the West line ofsaid Pacer Oil Company, Incorporated land a distance of258.4feet to apoint; thence South 5°39'East, along the West line ofsaid Pacer Oil Company, Incorporated lance a distance of8.43feet to a point; thence South 90° West,parallel with the South line ofsaid Washington Street a distance of 44.47 feet to a point, said point being 50 feet(measured at right angles)from the centerline oftheformer Penn Central Railroad Rack; thence North 27°31'30" West,parallel with and 50feet(measured at right angles)from the centerline ofsaid Railroad Track a distance of 129.51 feet to apoint; thence North 0°16'West,parallel with the West line ofsaid Pacer Oil Company, Incorporated land a distance of 151.92feet to a point on the South line ofsaid Washington Street; thence North 90°East, along the South line ofsaid Washington Street a distance of 103feet to the place of beginning. PARCEL II:A parcel of land in the Northeast Quarter ofSection 10, Township 37 North, Range 2 East ofthe Second Principal Meridian in the City ofSouth Bend more particularly described as follows, viz: Beginning at the point of intersection ofthe South line ofWashington Street with the East line ofsaid Section 10, saidpoint being 25feet West ofthe Northwest corner ofLot Numbered 8 as shown on Harlin's Subdivision ofBank Out Lot Numbered 82 in said city; thence South at an interior angle of90°05'along the East line ofsaid Section a distance of325feet; thence West at an angle of89°55'a distance of107.96feet; thence Northwesterly at an angle of95°39'a distance of66.78feet; thence North at an angle of174°37'a distance of258.4feet to the aforesaid South line of Washington Street; thence East at an angle of89°44'along the South line ofsaid Washington Street a distance of114.75 feet to the place of beginning. PARCEL Ill: Beginning at the intersection of Washington Avenue in the City ofSouth Bend, with the West line of Bank Out Lot Numbered Eighty-tow (82) ofthe Section Plat of Out Lots of the Town, now City ofSouth Bend,platted by the State Bank ofIndiana; thence running East on the South line of Washington Avenue 140feet to the West line of a public alley 14feet wide; thence South along the West line ofsaid alley 373 feet; thence West 140feet more or less to the West line ofsaid Bank Out Lot Numbered 82; thence North on the West line ofsaid Bank Out Lot Numbered 82, 373feet to the place ofbeginning; and being all ofpart which was formerly Lots Numbered Six (6), Seven (7), Eight 8), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty(20), Twenty-One (21) and all ofLot Numbered Five (5), excepting 7feet offofthe East side and all ofLot Numbered 22, excepting 4feet offofthe South side thereof together with the vacated Harlin Court lying West ofthe same and the vacated alley lying North ofsaid Lot Numbered 16, as shown on the recorded Plat ofHarlin Subdivision ofsaid Bank Out Lot Numbered 82 now vacated and commonly known as 1510 West Washington Street, in South Bend, Indiana. 4) Total Site Area: 2.64 acres 5) Name and address of property owner(s)of the petition site: Department ofRedevelopment City ofSouth Bend 227 W Jefferson South Bend, IN 46601 FILED- 6) Name and address of contingent purchaser(s), if applicable:JUN 12 2019 Name AREA PLAN C• ;M SSIONAddress City, State Zip Code A••lication#- 90 • -17 Phone number with Area Code E-Mail Address 7) It is desired and requested that this property be rezoned: From: LI Light Industrial District To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): Multifamily Housing 9) Provide a brief and descriptive narrative of the proposed project: The proposed project will allowfor the construction ofa multifamily complex. IF VARIANCE(S)ARE BEING REQUESTED (if not,please skip to next section): 1) N/A 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety, morals and general welfare ofthe community: Please explain how your variance petition addesses this criteria b) The use and value ofthe area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Please explain how your variance petition addesses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addesses this criteria d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Usepetition addesses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: South Bend Heritage Foundation 803 Lincolnway West South Bend, IN 46616 574-289-1066 BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Si ature(s) of all property owner(s),or signature of Attorney for all property owner(s): V" Filed in Clerk's Office JUN 19 2019 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN FILED- JUN 12 2019 AREA PLAN CON.ivMISSlcA..lication#. ' D z Ci a om q 1,..- cpm o a, m o v > > D k .D 7. c LQ 1 v a 175.00' C N X"m CR a 9) In 1 4* D N( NI r CD 5 112' l'-8-r?! 4. No V I Nr D I J 11 c fir;282.50' m6199{/ Fl fl. m 4-... x ' m.i m1--.. oD 8°pm1OZ o co I O N A-- 6'n 8mom A oo 2 o O StI o»y mnvCOrCO6' 9- cam- m 1 Z 7 R1' """` 71§., IIQb322.94' m ti>y 375.01' Z tiO L.. Iz 0 Z I I• m9 mIAofDvm J NII1A^ 24'DRIVE I x 1 238.97' r 122.92 fJ ALLEY ALLEY ti_ BIRDSELL ST 1 1 I 1\ I 1 I111.\\\.. 1I LLM 1 11 11- CHERRY STREET 4\ A 73 r-- u) CD Eo - = D O Z m cn M r1 D O li Zp- 4 0 0 fi f V i+ 1!' _r. JUN 122019WCoO XD AREA Pt_P.'°P. m A .Iication e3'_Q42_719_: AREA BOARD OF ZONING APPEALS Filed in Clerk's Office 1140 County-City Building 227 W.Jefferson Boulevard JUN 18 2019SouthBend, IN 46601 www.sjcindiana.com KAREEMAH FOWLERPhone-574-235-9571-Fax-574-235-9813 CITY CLERK,SOUTH1 BEND,IN Thursday,June 13, 2019 Common Council 227 W. Jefferson Boulevard South Bend, IN 46601 RE: The petition of RIVER WALK, LLC seeking a Special Use for two-family dwellings in the SF2 Single Family&Two Family District(South Bend) for property located at 407,411,415,419,423 AND 427 SOUTH FRANCES STREET, City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of RIVER WALK,LLC was legally advertised on May 30, 2019 and that the Area Board of Zoning Appeals at its public hearing on June 12, 2019 took the following action: Upon a motion by Michael Urbanski, being seconded by Robert Hawley and unanimously carried, a petition by RIVER WALK,LLC seeking a Special Use for two-family dwellings for property located at 407,411,415,419,423 AND 427 SOUTH FRANCES STREET, City of South Bend, was sent to the Council with a favorable recommendation, and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, ( Lawrence P.Magliozzi,Executive Director Attachment CC: RIVER WALK,LLC David Sieradzki do Century Builders BILL NO. 19-45: DISTRICT NO. 4 (Councilmember Jo. M. Broden) Filed in Clerk's Office JUN 18 2019 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK SOUTH SEND,IN 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 407, 411, 419, 423 &427 SOUTH FRANCES STREET 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 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 property located at: 407, 411, 419, 423 & 427 South Frances Street In order to permit two-family dwellings. 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 of property values therein; BILL NO. 19-46 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 full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council