Loading...
HomeMy WebLinkAbout07-13-2020 Agenda Packet MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, JULY 9, 2020 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, July 13, 2020: Virtual Conference call via Microsoft Teams Join here: https://tinyurl.com/CC071320 4:00 P.M. ZONING AND ANNEXATION CHAIRPERSON, MCBRIDE 1. Bill No. 29-20- Rezone: Gates Auto 2. Bill No. 30-20- Special Exception: 1017 De Maude Avenue 4:20 P.M. PUBLIC WORKS AND PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Bill No. 28-20- Amendment to Ordinance No. 10691-19 to fix Scrivener's Error 4:30 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE 1. Update: Neighborhood Plans, Tim Corcoran- DCI 4:50 P.M. HEALTH AND PUBLIC SAFETY CHAIRPERSON, WARNER 1. Bill No. 20-19- Honoring and Thanking SBPD 2. Bill No. 20-21- Essential Employee Resolution 5:20 P.M. COMMUNITY RELATIONS CHAIRPERSON, HAMANN 1. Bill No. 12-20- Citizens’ Police Complaint Board Ordinance (Update Working Draft) 2. Bill No. 20-22- Homeless Resolution Council Vice President Karen L. White has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL VICE PRESIDENT, K. WHITE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller 2 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 South Bend Common Council Meeting Agenda Monday, July 13, 2020 7:00 P.M. ***Due to the Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be legally held by way of a virtual meeting by using Microsoft Teams app. Public access to the meeting can be granted by this link: https://tinyurl.com/SBCC071320 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS MAYOR JAMES MUELLER, CITY-RELATED UPDATES 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 12-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING ARTICLE 1, DIVISION 2, SECTIONS 2-12.2.1 TO AND INCLUDING 2-12.2.9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A CITIZENS’ POLICE COMPLAINT BOARD AND PROCEDURES GOVERNING THE BOARD 28-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, RETROACTIVELY AMENDING ORDINANCE NO. 10691-19 TO CORRECT SCRIVENER’S ERROR IN LEGAL DESCRIPTION 29-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 310 & 320 WALTER STREET, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, IN 46614 30-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1017 DE MAUDE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, IN 46616 8. BILLS ON THIRD READING BILL NO. 12-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING ARTICLE 1, DIVISION 2, SECTIONS 2-12.2.1 TO AND INCLUDING 2-12.2.9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A CITIZENS’ POLICE COMPLAINT BOARD AND PROCEDURES GOVERNING THE BOARD 28-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, RETROACTIVELY AMENDING ORDINANCE NO. 10691-19 TO CORRECT SCRIVENER’S ERROR IN LEGAL DESCRIPTION 29-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 310 & 320 WALTER STREET, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, IN 46614 30-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1017 DE MAUDE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, IN 46616 9. RESOLUTIONS BILL NO. 20-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND THANKING THE MEN AND WOMEN OF THE SOUTH BEND POLICE DEPARTMENT 20-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING AND EXPRESSING APPRECIATION AND GRATITUDE TO OUR COMMUNITY’S FIRST RESPONDERS, MEDICAL & HOSPITAL PERSONNEL & ALL OTHER ESSENTIAL INDIVIDUALS WHO HAVE CONTINUED TO PROVIDE SERVICES AND NECESSITITES TO OUR RESIDENTS DURING THE CORONAVIRUS PANDEMIC 20-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE EMERGING HOMELESSNESS CRISIS, STRONGLY ENCOURAGING MAYOR MUELLER TO PROMPTLY PREPARE AND PRESENT TO THE COMMON COUNCIL AN EMERGENCY TEMPORARY AID AND SHELTER PROGRAM TO RESPOND TO THE EMERGING HOMELESS CRISIS, AND TO PREPARE AN ORDINANCE DECLARING A STATE OF EMERGENCY RELATING TO THE CURRENT HOMELESS CRISIS, AUTHORIZING THE SUSPENSION OF CERTAIN REGULATIONS TO FACILITATE THE EMERGENCY TEMPORARY AID AND SHELTER PROGRAM, AND PROVIDING FOR APPROVAL OF SUCH EMERGENCY SERVICES CONTRACTS AS ARE NECESSARY TO SUPPORT THIS PROGRAM 10. BILLS ON FIRST READING 11. UNFINISHED BUSINESS 12. NEW BUSINESS FRATERNAL ORDER OF POLICE, SOUTH BEND LODGE #36, LETTER OF INTENT TO BEGIN NEGOTIATIONS DISCUSSION OF VACANT COMMON COUNCIL PRESIDENCY 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2020 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-08-20) 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. Jake Teshka, Chairperson Karen L. White, Member Rachel Tomas Morgan, 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. Lori Hamann, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, 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. Karen L. White, Member Jake Teshka, 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. Troy Warner, Chairperson Rachel Tomas Morgan, Member Sharon L. McBride, Vice-Chairperson Sheila Niezgodski, 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. Rachel Tomas Morgan, Chairperson Henry Davis, Jr., Member Lori Hamann, Vice-Chairperson Troy Warner, 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 Jake Teshka, Member Troy Warner, Vice-Chairperson Lori Hamann, Member 2020 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-08-20) 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 Rachel Tomas Morgan, Member Jake Teshka, Vice-Chairperson Sheila Niezgodski, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Publi c Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Troy Warner, Member Henry Davis, Jr., Vice-Chairperson Lori Hamann, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Sheila Niezgodski, 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. Henry Davis, Jr., Chairperson Troy Warner, Member Jake Teshka, Vice-Chairperson Sheila Niezgodski, 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. Sharon L. McBride, Chairperson Rachel Tomas Morgan, Member Sheila Niezgodski, Vice-Chairperson Lori Hamann, 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 Karen White, Member Jake Teshka, Member 2020 COMMON COUNCIL STANDING COMMITTEES (Rev.07-09-20) CANNETH LEE, 1ST District Council Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member SHARON L. MCBRIDE, 3rd District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Community Investment Committee, Member Zoning & Annexation Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Vice-Chairperson TROY WARNER, 4TH District Council Member Health & Public Safety Committee, Chairperson Public Works & Property Vacation, Member Community Relations Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Vice-Chairperson JAKE TESHKA, 5TH District Council Member Community Investment Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Vice-Chairperson PARC, Member Utilities Committee, Vice-Chairperson Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Public Works & Property Vacation, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Health & Public Safety Committee, Member Zoning & Annexation Committee, Vice-Chairperson Utilities Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson Community Relations Committee, Member Community Investment Committee, Vice-Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Member Zoning & Annexation Committee, Member KAREN L. WHITE, AT LARGE Council Member Vice-President Residential Neighborhood Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Chairperson Community Investment Committee, Member LORI HAMANN, AT LARGE Council Member Community Relations Committee, Chairperson Zoning & Annexation Committee, Member Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member PARC Committee, Member VIII NIIINNi 1. ptf TH City of South Bend 574) 235-9321 Fax(574)235-9173 U ci4 TDD 574 235-5567CommonCouncilhttp://www.southbendin.gov 441 County-City Building• 227 W.J n lil i I+'' South Bend, Indiana 466 1865F , ;;y Clerk's OfficerII JUN 17 2020TimScottSouthBendCommonCouncilJune17,2020 President 4th Floor, County-City Building DAbl'iv I JbNE-S Karen L. White South Bend, IN 46601 L_CITY CLERK, SOUTH BEND, IN Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH Sharon L.McBride BEND, INDIANA, RETROACTIVELY AMENDING ORDINANCE Chairperson,Committee NO. 10691-19 TO CORRECT SCRIVENER'S ERROR IN LEGAL of the Whole DESCRIPTION Tim Scott First District Dear Council Members: Henry Davis,Jr. On November 12, 2019, the Common Council passes Ordinance# 10691-19 Second District which vacated an alley. The Council was subsequently informed that the Sharon L.McBride legal description in the ordinance was incorrect. This proposed ordinance Third District corrects the legal description of the alley but otherwise reaffirms the prior Troy Warnerordinance, retroactive to November 12, 2019. Fourth District I ask that this proposed Ordinance be scheduled for first reading at the Jake Teshka Council's June 22, 2020 meeting. Fifth District Sheila Niezgodski Thank you for your attention and support. Sixth District Karen L. White At Large Sincerely yours, Rachel Tomas Morgan At Large NJ l,// . Lori K. Hamann At Large Sheila Niezgodski South Bend Common Council, Sixth District (Sponsor) BILL NO. 28-20 Fled inGI r ke .', Office iBILLNO. 28-20 JUN 1 7 2020 J DVvN M.JONES ORDINANCE NO. CITY CLERK, SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, RETROACTIVELY AMENDING ORDINANCE NO. 10691-19 TO CORRECT SCRIVENER'S ERROR IN LEGAL DESCRIPTION STATEMENT OF PURPOSE AND INTENT On November 12, 2019 the South Bend Common Council approved Ordinance# 10691- 19 which vacated '/z Alley 128-234 Laurel Street, which legal description was erroneous. The correct legal description is the first E/W alley north of West Jefferson Boulevard running east from Laurel Street to the first N/S alley; plus the first N/S alley east of Laurel Street behind 128- 136 South Laurel Street to the north edge of the now vacated but former north right-of-way line of West Jefferson Boulevard. This ordinance corrects the legal description but otherwise reaffirms Ordinance 10691-19 retroactive to November 12, 2019. Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Ordinance No. 10691-19 is hereby amended at Section Ito describe the following vacated alley: the first E/W alley north of West Jefferson Boulevard running east from Laurel Street to the first N/S alley; plus the first N/S alley east of Laurel Street behind 128-136 South Laurel Street to the north edge of the now vacated but former north right-of-way line of West Jefferson Boulevard SECTION II. Ordinance No. 10691-19 is in all other ways reaffirmed and this Ordinance shall be retroactive to November 12, 2019 SECTION III. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Karen L. White, Council Vice President South Bend Common Council Attest: Dawn M. Jones, 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 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2020, at o'clock m. James Mueller, Mayor City of South Bend, Indiana PLANChi); City County-City Building ofSouth Bend 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning F')ABLISHED lO 6/17/20 Fi!e+ in Clerk's Office Honorable Sharon McBride 4th Floor, County-City Building i JUN 1 7 2020 South Bend, IN 46601 i 6;54,70/-1-. CITY CLERK,SOUTH BEND, IN RE: 310 & 320 Walter Street SBPC#BLANK Dear Chairwoman McBride: 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 22nd Council meeting and set it for public hearing at your July 13th Council meeting. The petition had public hearing at the June 15th South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk. The petitioner provided the following to describe the proposed project: Gates Automotive Plans to change their repair and autobody shop into a typical car dealership. The proposed dealership will maintain automotive repair. The existing Gates building will remain. All other buildings will be removed. The northern parcel will be used for storage of sales vehicles. If you have any questions, please feel free to contact our office. Sincerely, Angela Smith Zoning Administrator CC: Bob Palmer Tim Corcoran Angela Smith Daniel Brewer Planning Director Zoning Administrator Commission President BILL NO. 29-20, 5TH COUNCIL DISTRICT, COUNCILMEMBER TROY WARNER Filed in Clerk's Office BILL NO. 29-20 JUN i 7 2020 ORDINANCE NO. DAWN i,v1.JONES CITY CLERK. SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 310 & 320 WALTER STREET, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, IN 46614 STATEMENT OF PURPOSE AND INTENT Gates automotive plans to change their repair and autobody shop into a typical car dealership. The northern parcel will be used for storage of sales vehicles. Petitioners desire to rezone the property from S1 Suburban Neighborhood 1 District to C Commercial District. NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: Lots 173, 174, and 175 of Meyers & Funks Chippewa Heights East End be and the same is herby established as C Commercial District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Karen White, Acting Council President South Bend Common Council Attest: Dawn M. Jones, 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 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2020, at o'clock m. James Mueller, Mayor City of South Bend, Indiana City of South Bend Rec.ec. inClerk'sOffice BOARD OF ZONING APPEALS JUN 1720 20 6/17/20 jONESICITYCLERK,SOUTH BEND, IN Honorable Sharon McBride 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1017 De Maude Ave, Dear Chairwoman McBride: Enclosed is an Ordinance for the proposed Special Exception Use the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 22nd Council meeting and set it for public hearing at your July 13th Council meeting. The petition is tentatively scheduled for public hearing at the July 6th South Bend Board of Zoning Appeals meeting. The recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Proposed new construction of a duplex, as part of neighborhood development, to remain owned and managed by the NNN. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer County-City Building 1 227 W.Jefferson South Bend, IN 46601 1 574-235-7627 1 www.southbendin.gov/zoning BILL NO. 30-20, 1ST COUNCIL DISTRICT, COUNCILMEMBER CANNETH LEE Filed ,n Clerk's Office JUN 1 7 2020 ' BILL NO. 30-20 P DAWN M.JONES ORDINANCE NO. I.CITY CLERK, SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1017 DE MAUDE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, IN 46616 STATEMENT OF PURPOSE AND INTENT Proposed new construction of a duplex, as part of neighborhood development, to remain owned and managed by the Near Northwest Neighborhood Association. Petitioners desire to seek a Special Exception Use for 2-unit dwelling in a U1 Urban Neighborhood 1 District for property located 1017 De Maude Avenue. NOW, THEREFORE,BE IT ORDAINED 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 Advisory 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: 1017 De Maude Ave, South Bend IN 46616/018-1061-2621 In order to permit a two (2)unit dwelling in a U 1 Urban Neighborhood 1 District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory 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 adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Karen White, Acting Council President South Bend Common Council Attest: Dawn M. Jones, 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 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2020, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 July 9,2020 Filed in Clerk's Office Common Council of South Bend 227 W.Jefferson Blvd,4th Floor JUL 119 2Q20 South Bend,IN 46601 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Re: The petition of Near Northwest Neighborhood,Inc seeking a Special Exception for a 2 unit dwelling in a UI Urban Neighborhood 1 District in the UI Urban Neighborhood 1 for property located at 1017 DEMAUDE AVE, Dear Council Members: I hereby Certify that the above referenced petition of Near Northwest Neighborhood,Inc was legally advertised on June 26,2020 and that the South Bend Board of Zoning Appeals at its public hearing on July 6,2020 took the following action: Upon a motion by Dan Brewer,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by Near Northwest Neighborhood,Inc seeking a Special Exception for a 2 unit dwelling in a Ul Urban Neighborhood 1 District for property located at 1017 DEMAUDE AVE,City of South Bend, is sent to the Common Council with a favorable recommendation,and will issue written Findings of Fact. The staff report for this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting.Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, 17t. gr/14V4J Angela M. Smith Zoning Administrator Attachment CC:Near Northwest Neighborhood,Inc Staff Report— BZA#0020-20 July 6, 2020 Property Information Location: 1017 DEMAUDE AVE Owner: Near Northwest Neighborhood, Inc Project Summary Proposed new construction of a duplex, as part of neighborhood development, to remain owned and managed by the NNN. Requested Action Special Exception: a 2 unit dwelling in a U1 Urban Neighborhood 1 District Site Location a yS.,1400,,,„\ b 4 ,4 A. .' it 1.,t Pte, ;/. S9 alae 4 P etc /- W California Ave may/ 4. ED r Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of; Staff Report— BZA#0020-20 July 6, 2020 Proposed Site Plan 7 o O Z' = o I I r. • o zzf a) o z 03 1 E I I O All-- 00, s'-o n/z" I - 5 1/2' IR 1-1- O I 37'-0" f f SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0020-20 July 6, 2020 Criteria for Decision Making: Special Exception The petitioner is seeking a Special Use to allow: A 2 unit dwelling in a U1 Urban Neighborhood 1 District A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Approval of the Special Exception will not be injurious to the public health, safety, morals and general welfare of the community. The scale of the proposed duplex is comparable to a single family home and will be used for residential use. Reactivating a vacant lot will provide more residents to the neighborhood which will increase safety and the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Adding a duplex on a currently vacant lot adjacent to parcels zoned NC Neighborhood Center should not injure or adversely affect the use of the adjacent area or property values. The addition of the duplex will further the work being done in the neighborhood to provide more residential opportunities. New construction that fits the scale of the current residential properties should strengthen nearby property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The current context of the neighborhood provides a mix of single family homes, duplexes and small commercial properties along Portage Ave. This duplex will be consistent with the character of the district and neighborhood in both uses and style of construction. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Comprehensive Plan recommends "Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. (Policy H1.1)This proposed duplex is in line with the recommendation from the Comprehensive Plan by helping establish a mix of housing types. Analysis & Recommendation Analysis: The proposed construction of a duplex will further complement the wide range of development occurring currently in the NNN, as well as providing more diverse housing types for residents. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation as presented. SOUTH BEND BOARD OF ZONING APPEALS Page of BILL NO. 20-19 BILL NO. 20-21 BILL NO. 20-22