Loading...
HomeMy WebLinkAbout2022-07-25 FINAL Agenda Notice Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, JULY 21, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, July 25, 2022: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app link can be found here: https://tinyurl.com/07252022CC. 4:00 P.M. HEALTH & PUBLIC SAFETY & RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WAX CHAIRPERSON, WHITE 1. Bill No. 16-22 Amending Chapter 19, Article 1, Division 2, Sec. 2. Bill No. 17-22 Amending Chapter 16, Article 8, Sec. 4:10 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE 1. Bill No. 34-22 To Change the Residency of the Youth Advisory Council Members cc: Mayor James Mueller 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 4:20 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 30-22 Amending Zoning Ordinance for Property Located at 1335 E. Ireland & 4427 South Brookton 4:25 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN 1. Bill No. 22-35 Tax Abatement for 505 S. Michigan St., South Bend, IN Monreaux, LLC 2. Bill No. 22-31 A Resolution of the Common Council Approving and Adopting the Near West Side Neighborhood Plan (Substitute) Council Vice-President Sheila Niezgodski has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Investment Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL VICE-PRESIDENT, NIEZGODSKI 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment South Bend Common Council Meeting Agenda Monday, July 25, 2022 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/07252022SBCC 1. INVOCATION ELDER MELVIN SMITH OF PENTECOSTAL CATHEDRAL CHURCH OF GOD IN CHRIST 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES APPROVAL OF JUNE 13TH, 2022 & JUNE 27, 2022, MEETING MINUTES 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 16-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 1, DIVISION 2, SECTIONS 19-9, 19-18, 19-19, 19-20, 19-21 AND 19-22 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES 17-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 8, SECTIONS 16-54, 16-57, AND 16-59 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES 30-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1335 EAST IRELAND AND 4427 SOUTH BROOKTON, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 34-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-12.1(a) AND 2.21.1.2(b)(3) and (4), OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE RESIDENCY RESTRICTION OF YOUTH ADVISORY COUNCIL MEMBERS 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 16-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 1, DIVISION 2, SECTIONS 19-9, 19-18, 19-19, 19-20, 19-21 AND 19-22 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES 17-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 8, SECTIONS 16-54, 16-57, AND 16-59 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES 30-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1335 EAST IRELAND AND 4427 SOUTH BROOKTON, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 34-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-12.1(a) AND 2.21.1.2(b)(3) and (4), OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE RESIDENCY RESTRICTION OF YOUTH ADVISORY COUNCIL MEMBERS 11. RESOLUTIONS BILL NO. 22-31 (SUBSTITUTE) A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE NEAR WEST SIDE NEIGHBORHOOD PLAN 22-35 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 505 S MICHIGAN ST, SOUTH BEND IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR MIXED-USE REAL PROPERTY TAX ABATEMENT FOR THE MONREAUX, LLC 12. BILLS OF FIRST READING BILL NO. 35-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN VICTORIA STREET AND EAST/WEST ALLEY 36-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 300 ST LOUIS BLVD. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 37-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $46,080,405 FROM THE AMERICAN RESCUE PLAN FUND (#263). 38-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 232 LAPORTE AVE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS PENDING LITIGATION 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. 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. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 05-17-2022) 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. Rachel Tomas Morgan, Chairperson Eli Wax, Member Henry Davis, Jr., Vice-Chairperson Kaine Kanczuzewski, Citizen Member Thomas Kurzhal, Citizen 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. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen 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. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, 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. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Desmont Upchurch, Citizen 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 Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Scott Matthew Coats, Citizen Member Maria Gibbs, Citizen 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. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Chris Hagstrom-Jones, Citizen Member Citizen Member 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. Sheila Niezgodski, Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Henry Davis, Jr., Member Rachel Tomas Morgan, Member Aaron Steiner, Citizen 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 Karen L. White, Member Lori K. Hamann, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen 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 Eli Wax, Member Troy Warner, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen 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. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen 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. Troy Warner, Member Eli Wax, Member 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice-Chairperson Personnel & Finance Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Information & Technology Committee, Vice-Chairperson BILL NO. 16-22 BILL NO. 17-22 Sec. 16-57. Abatement by City. Upon the failure, neglect or refusal of any party to whom notice to abate a nuisance has been given under Section 16-55 or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety, the Board of Public Works or its designee shall abate the nuisance, keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid forty-five (45) days after the billing date. Unpaid costs may be made a lien against the property. Section III. Chapter 16, Article 8, Section 16-59 is hereby amended to read: Sec. 16-59. Removal of vegetation. (a)Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over nine (9) inches high, but not including small trees and bushes. (b)Notice. The Department of Code Enforcement shall give forty-eight (48) hours' notice, in writing, to remove from any real or personal property within the City weeds and rank vegetation. Such notice shall be given to the owner of record or their agent and to any tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice to the record owner may be mailed to the last known address of the record owner. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exists. (c)Failure to comply. Upon a failure to comply with a notice issued pursuant to subsection (b), the Department of Code Enforcement or an entity acting on behalf of the Department of Code Enforcement shall enter upon the property to abate the violation of this section by cutting the weeds and rank vegetation. ( d)Bill issued to record owner. In the event the Department of Code Enforcement or an entity acting on its behalf is forced to remove the weeds and rank vegetation; the Department of Code Enforcement shall issue a bill to the record owner of the property or to the person shown to have the right of exclusive possession of the property. The bill shall include removal costs as well as any administrative costs incurred in the certification. (e)Appeals. Any appeal of either the removal notice or the bill must be made in writing within ten ( 10) days of the date of the document being appealed. The appeal must be in writing and must be filed with the Director of the Department of Code Enforcement. If a written appeal is filed with the Department of Code Enforcement, the matter shall be scheduled for a hearing before the hearing authority and a hearing shall be held pursuant to IC 36-7-9. The hearing authority's order regarding this appeal is considered final from the date of its issuance and is subject to judicial review pursuant to the provisions ofIC 36-7-9-8. (f)Failure to pay bill. If the owner fails to pay a bill issued pursuant to this section within the time specified in the bill, or within the time specified in the order if an appeal of the bill was made, the Department of Code Enforcement shall certify to the Auditor of St. Joseph County the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor of St. Joseph County shall then place the entire amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall, upon collection, be disbursed to the general fund of the City of South Bend. SECTION IV. This Ordinance shall take effect upon passage by this Common Council, approval by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this ____ day of ________ _, 2022. ATTEST: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, President Common Council of the City of South Bend Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for his approval on the ___ day of ______ ., 2022, at ___ o'clock .m. Dawn M. Jones, City Clerk Office of the City Clerk Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend, approve said Ordinance and return the same to the Clerk of the City of South Bend this __ _ day of _____ __, 2022. James Mueller, Mayor City of South Bend BILL NO. 34-22 June 22, 2022 City of South Bend PLAN COMMISSION Honorable Lori K. Hamann 4th Floor, County-City Building South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in IPrl<'s Office 7 JUr 2 2 2022 DAWN M. JOf\iES CITY CLEnl<, SOUTH BEND, IN RE: 4427 Brookton and 1335 Ireland PC# 0105-22 Dear Ms. Hamman: 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 27, 2022 Council meeting, and set it for public hearing at your July 25, 2022 Council meeting. The petition is tentatively scheduled for public hearing at the July 18, 2022 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Petitioners desire to rezone the property from S 1 Suburban Neighborhood 1 to C Commercial District to build an automotive repair business. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, I) ·M.�=mitb Zoning Administrator CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 30-22 T FFiled i n Office JUN 2 2 20%? BILL NO. 30-22 DAB tiM. ..;O;C-S' J CITY CLERK,SOUTH BEND, INORDINANCENO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1335 EAST IRELAND AND 4427 SOUTH BROOKTON, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from S 1 Suburban Neighborhood 1 to C Commercial District to build an automotive repair business. 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 245 AND 246 OF THE REVISED PLAT OF BROADMOOR SECTION 3 be and the same is hereby 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. Sharon McBride, 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 2022, at o'clock in. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock in. James Mueller, Mayor City of South Bend, Indiana I 2 - Ly vl _)UULn Mena PLAN COMMISSION Tax Key Number923-1004-0312 & 023-1004-0313 Address: 1335 East Ireland Road & 4427 South Brookton Drive Owner: Fox Real Estate LLP Legal Description: Lots 245 and 246 Revised Plat of Broadmoor Section 3 Rezone the subject property from S1 Suburban Neighborhood 1 to C Commercial. Application includes (check all that apply) 0 Rezoning Current District: S1 Suburban Neighborhood 1 Additional Districts, if applicablE Proposed District C Commercial Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition:1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district,3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Subdivision - complete and attach subdivision application Special Exception - complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 0 Completed Application (including Contact Information)0 Site Plan drawn to scale Filing Fee Additional documents as noted above Property owner(s) of the petition site: Name: Fox Real Estate LLP Address: 5717 Grape Road Mishawaka, IN 46545 Name: Address: Name: Address:_ Contact Person: Name: Jeffrey Schaffer, Abonmarche Address: 315 West Jefferson Boulevard v South Bend, IN 46601 Phone Number: (574) 232-8700 jschaffer@abonmarche.comE-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Foy RGft t G;5rwj:a - l0l6-2 a Narrative of Rezoning Application Sl to C Brookton Drive and Ireland Road I. Comprehensive Plan City of South Bend Comprehensive Plan (City Plan,2004) This application is supported by the City of South Bend Comprehensive Plan. A. The Future Land Use Map (Page 19, Map 3.1) designates the area around Ireland Road, east of Miami Street, as a "Regional Commercial Node". That node is located directly adjacent to and overlaps the land designated as "Low Density Residential". This would suggest that the boundary between those land uses is not fixed and can be varied as needed to respond to the on-going development of the area. The subject property is located within this overlap and is part of the "Regional Commercial Node". B. The map of Areas with Commercial and Corridor Plans (Page 25, Map 3.3) denotes that the properties on both sides of Ireland Road, from Lafayette Street and Brookton Drive, are located within the "South Gateway Corridor". According to the Plan, "Corridors are historically areas in a community where most of the commercial activity began and flourished. Preserving and enhancing the commercial and mixed-use character of a corridor is often the major goal of corridor plans." (Page 26) The subject property is located within the "South Gateway Corridor". C. The City Plan further states the following: 1. "Commercial activity is primarily concentrated along the major arterial streets." (Page 20) Ireland Road is major arterial street. 2. "The Erskine Hills Shopping District (Ireland Road, South Bend) and University Park Mall area (Grape Road, Mishawaka) serve as regional, commercial nodes or centers." (Page 20) The subject property is located within the Erskine Hills Shopping District, directly adjacent to high volume, high turnover commercial uses. 3. Under Smart Growth Principles, "Strengthen and direct development toward existing built-up areas and infrastructure." (Page 22) The subject property is located adjacent to an existing large commercial development complex. D. Finally, the proposed development of the subject property complies with Policy LU 2.4, "Provide buffer spaces between noncompatible land uses." (Page 31) The nature of the proposed development of the subject property is a buffer between non-compatible uses, as follows: 1. The activities will occur on the south side of the building, along Ireland Road. The building itself and the landscaping and fencing along the north side of the building will serve as a buffer from those activities to the residential land uses. 2. The proposed land use does not generate the type of traffic that is generated by adjacent high- volume land uses, such as high-turnover restaurants and gasoline stations. This land use will be a low-impact development use and very low-volume traffic generator. 3. The proposed land use is also limited in nature and does not operate in the evenings, overnight, or weekends. April 18, 2022 Page 1 of 3 Narrative of Rezoning Application Sl to C Brookton Drive and Ireland Road II. Other Planning Documents Cit y of Souih Bend Sout:i Gateway Cornmercid; Corridor Plan (1998) This application is supported by the City of South Gateway Commercial Corridor Plan. A. The "South Destination Commercial Sector", as mapped (Page 32) includes properties on both sides of Ireland Road, from Lafayette Street to Brookton Drive. The subject property is located within the "South Destination Commercial Sector". B. The South Gateway Commercial Corridor was intended for commercial uses. It states the following, To succeed, the South Gateway needs to recruit additional businesses that are compatible with the area's strengths and weaknesses". (Page 41) The proposed development of the subject property will bring a new and compatible business to the South Gateway Commercial Corridor. City of South Bend South Side Development Area P;an '(2019) This application is supported by the City of South Bend South Side Development Area Plan. A. Goal/Objective 1 states, in part, "Facilitate the creation of development sites"and"Promote projects that best maximize the assessed valuation of the property". The proposed development of the subject property would do both. It is very unlikely that a residential dwelling will be constructed in the future on the corner of Brookton Drive and Ireland Road. B. Goal / Objective 5 states, in part, "Stimulate the creation, retention, and expansion of business, particularly in expanding and export industries. The proposed development of the subject property will bring a new business to the South Side Development Area. The increase in valuation of the subject property will support other opportunities within the South Side Development Area. April 18, 2022 Page 2 of 3 Narrative of Rezoning Application Sl to C Brookton Drive and Ireland Road III. Other Considerations The rezoning of the subject property should be considered based on the Comprehensive Plan (as discussed above) and other planning documents, but should also be based on the following: A. Current conditions and the character of current structures and uses in each district As discussed above, the subject property is located within the "Regional Commercial Node"and the South Destination Commercial Sector". B. The most desirable use for which the land in each district is adapted It is unlikely that the subject property will be further developed in a residential manner. The construction of a new residential dwelling at the corner of Brookton Drive and Ireland Road would place a new residence on a high-volume street adjacent to a high-volume commercial land use. C. The conservation of property values through the jurisdiction The nature of the proposed development of the subject property is a buffer between non-compatible uses, as follows: 1. The activities will occur on the south side of the building, along Ireland Road. The building itself and the landscaping and fencing along the north side of the building will serve as a buffer from those activities to the residential land uses. 2. The proposed land use does not generate the type of traffic that is generated by adjacent high- volume land uses, such as high-turnover restaurants and gasoline stations. This land use will be a low-impact development use and very low-volume traffic generator. 3. The proposed land use is also limited in nature and does not operate in the evenings, overnight, or weekends. D. Responsible growth and development The proposed development of the subject property should be located on a major arterial street, and Ireland Road is such a street. April 18, 2022 Page 3 of 3 o o ram., 1 t L r•.. r1 1 r S• 1\ \ gU1LV N0 \\ i y J gIL REP P R \0 y , IRELAND ROAD BILL NO. 22-35 RESOLUTION NO. 22-35 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 505 S Michigan St, South Bend IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR MIXED-USE REAL PROPERTY TAX ABATEMENT FOR The Monreaux, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 505 S Michigan St, South Bend, Indiana, and which is more particularly described as follows: (1) 132 Ft E End Lot 19Martins Add (2) N 44' Lot 20 Martins Add (3) S 1-3 Lot 20 Martins Add (4) Lot 21 & N 1/2 Vac Alley S & Adj Martins Add and which has Key Numbers 71-08-12-306-010.000-026, 71-08-12-306-011.000-026, 71-08-12- 306-012.000-026, and 71-08-12-306-013.000-026 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for mixed-use real property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of eight (8) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 95% Year 3 - 90% Year 4 - 85% Year 5 - 80% Year 6 - 75% Year 7 - 70% Year 8 - 65% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. ___________________________________ Sharon L. McBride, 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 ____________________, 2022, at _______ o’clock ___. m. ___________________________________ Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2022, at ___ o’clock ___.m. ___________________________________ James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office JUL L U 2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN CITY OF SOUTH BEND COMMUNITY INVESTMENT July 19, 2022 Ms. Sharon McBride President, South Bend Common Council 4th Floor County City Building South Bend, IN 46601 Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN DIANA, APPROVING AND ADOPTING THE NEAR WEST SIDE NEIGHBORHOOD PLAN Dear President McBride: Scheduled on the Common Council's agenda for July 25,2022 is a resolution, approving and adopting the Near West Side Neighborhood Plan. The Near West Side Neighborhood plan area is roughly bounded by Washington Street and LaSalle Avenue on the north, William Street on the east, and railroad tracks on the south and west. The City of South Bend developed this plan through a process that engaged residents, businesses, institutions, government agencies, and other neighborhood stakeholders. The Near West Side Plan was approved and adopted by the South Bend Plan Commission on June 21, 2022. A representative from the Department of Community Investment will present at the Committee and full Council meetings. Thanks for your consideration of this bill. Sincerely, Angela Rose Senior Planner Department of Community Investment (SUBSTITUTE) BILL NO. 22-31 Fi:ed in Clerk's Office r-:-UL O 7 2021 IIABONMARCHE OAWN M. JONES_q.!,I_Y CLERK, SOUTH BEND, IN Engineering• Architecture• Land Surveying June 30, 2022 South Bend Common Council 227 W. Jefferson Blvd. South Bend, IN 46601 Re: N/S Alley between Victoria Street and E/W Alley Dear Members of the Council: Please find enclosed a Petition to Vacate a Public Right of Way. The petitioners are requesting the alley vacation to combine property for a convenience store development. The Board of Public Works submitted a favorable recommendation for the vacation of this alley. Respectfully, ABONMARCHE CONSULTANTS, INC. Steve Ruby Project Manager 315 West Jefferson Boulevard, South Bend, IN 46601 • 574.232.8700 BILL NO. 35-22 City of South Bend PLAN COMMISSION County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning July 20, 2022 Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 300 S St. Louis Blvd PC#0112-22 Dear Committee Chair Hamann: Filed in Clerk's Office � CITY CLERK s�uJONES --.::::::�:.:__•' ?l __ !.H BENO, IN 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 July 25th Council meeting and set it for public hearing at your August 22nd Council meeting. The petition is tentatively scheduled for public hearing at the August 15, 2022, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission 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: Request to rezone the properties from NC Neighborhood Center to U3 Urban Neighborhood 3 If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 36-22 1200 Cou TY-Crrv BUILDING 227 W. JEFFER 'ON BLVD. So TH BE D, INDIA, A-16601-1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 19, 2022 Ms. Sharon McBride, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, lndiana 4660 l RE: ARP Revenue Replacement Appropriation Ordinance Dear President McBride, Filed in Clerk's Office [ u 1 g �ozz ] DAWN M JONES CITY CLERK. SOU _!H BEND, IN Signed into law on March 11, 2021, the American Rescue Plan Act of 2021 is a $ .9 trillion economic stimulus bill designed to facilitate recovery from the economic and health effects of the COVID-19 pandemic and the resulting recession. The City of South Bend was one of almost 1,200 Metropolitan Cities across the country that received a direct infusion of resources as a result of th.is Act. The City's allocation totaled $58,910,047. Part of the City's plan to effectively utilize the American Rescue Plan funding is to increase flexibility in the use of funds by taking advantage of an allowable use of the funds-revenue replacement. In accordance with Department of Treasury guidance, the City calculated losses in revenue presumed to have been due to COVLD on an entity-wide basis. We found that the City of South Bend suffered a $26. l million reduction in revenue in 2020 and a $29.3 million reduction in revenue in 2021 as a result of the COVID-19 pandemic, for a total revenue reduction of $55.4 million. The attached ordinance requests an appropriation for a portion of the calculated revenue loss to replace the lost revenue on governmental programs in the General Fund. Should Council approve this appropriation, the total amount of the appropriation ($46 million) would immediately fulfill the Treasury's requirements for ARP dollars. This will allow the City to continue to invest in neighborhood infrastructure, workforce development, and many other priorities in accordance with the ARP plan approved by Council during the 2022 budget process. The approval of this appropriation in no way changes the planned uses of resources or removes Council's important oversight role of these ARP funds. I will present this bill to the Common Council at the appropriate committee and Counci.l meetings. It is requested that this bill be filed for I st reading on July 25, 2022, with 2nd reading, public hearing and 3rd reading scheduled for August 8, 2022. Thank you for your attention to this request. [f you should have any questions, please feel to contact me at 574-235-9822. Regards, Daniel T. Parker City Controller BILL NO. 37-22 July 20, 2022 City of South Bend PLAN COMMISSION Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 232 LaPorte Ave PC#0109-22 Dear Committee Chair Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (57 4) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office I JUL � 0��22 I DAWN M. JONES CITY CLERK, SOUTH BEND, IN 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 July 25 th Council meeting and set it for public hearing at your August 22 nd Council meeting. The petition is tentatively scheduled for public hearing at the August 15, 2022, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission 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: Request to rezone the properties from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 38-22