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HomeMy WebLinkAbout2022-09-08 FINAL Notice & Agenda 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, SEPTEMBER 8, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, September 12, 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 the Microsoft Teams Meeting app here: https://tinyurl.com/09122022CC 3:30 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1. Bill No. 43-22 – Amending Various Articles & Sections of Chap 17 of the SB Municipal Code to Address Late Fees for City Utility Customers 4:00 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 32-22 – Special Exception Ordinance for Property Located at 316 N. Olive St. Councilmanic District #2 2. Bill No. 40-22 – An Ordinance Approving a Petition for Property Located at 1702 W. Western Avenue Councilmanic District #6 4:10 P.M. INFORMATION & TECHNOLOGY COMMITTEE CHAIRPERSON, TOMAS-MORGAN 1. Bill No. 22-42 – A Resolution Designating the City of South Bend as Broadband Ready 4:20 P.M. COMMUNITY INVESTMENT COMMITTEE CHAIRPERSON, TOMAS-MORGAN 1. Bill No. 22-39 – A Resolution Designating a Tax Abatement for Property Located at 2722 W. Tucker Drive, South Bend, Steel Warehouse Company LLC 4:30 P.M. COUNCIL RULES COMMITTEE PRESIDENT, MCBRIDE 1. Bill No. 42-22 – An Ordinance Replacing and Amending Ch. 2, Article 1, Sect. 2-1 and Including 2-9 of the SB Municipal Code Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Council Rules Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment 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 South Bend Common Council Meeting Agenda Monday, September 12, 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/09122022SBCC 1. INVOCATION PASTOR MARK LANTZ, CHRISTIAN CENTER CHURCH 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS SPECIAL RESOLUTION COMMEMORATING THE LIFE OF CONGRESSWOMAN JACKIE WALORSKI 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 32-22 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 316 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 40-22 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 1702 W WESTERN AVE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 42-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPLACING AND AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-1 THROUGH AND INCLUDING 2-9, OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE AND CLARIFY PROCEDURES FOR THE SOUTH BEND COMMON COUNCIL AND THE OFFICE OF THE CITY CLERK 43-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS LATE FEES FOR CITY UTILITY CUSTOMERS AND RENAMING THE “LOW-INCOME CUSTOMER ASSISTANCE PROGRAM” (LICAP) AS THE “UTILITY ASSISTANCE PROGRAM” (UAP) 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 32-22 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 316 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 40-22 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 1702 W WESTERN AVE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 42-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPLACING AND AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-1 THROUGH AND INCLUDING 2-9, OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE AND CLARIFY PROCEDURES FOR THE SOUTH BEND COMMON COUNCIL AND THE OFFICE OF THE CITY CLERK 43-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS LATE FEES FOR CITY UTILITY CUSTOMERS AND RENAMING THE “LOW-INCOME CUSTOMER ASSISTANCE PROGRAM” (LICAP) AS THE “UTILITY ASSISTANCE PROGRAM” (UAP) 11. RESOLUTIONS BILL NO. 22-39 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE, SOUTH BEND, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 22-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AFFIRMING THE SOUTH BEND COMMON COUNCIL’S SUPPORT OF EXECUTIVE ORDER 03-2022 ENTITLED “COMMITMENT TO DESIGNATION OF SOUTH BEND AS A “BROADBAND READY CITY”; THE COUNCIL’S COMMITMENT TO WORKING COLLABORATIVELY WITH THE CITY ADMINISTRATION TOWARDS THE DESIGNATION OF SOUTH BEND AS A “BROADBAND READY CITY”; AND THE ADOPTION OF PROCEDURES UNDER IND. CODE 5-28-28.5-7 12. BILLS OF FIRST READING BILL NO. 44-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, STREET VACATION – A PORTION OF THE LASALLE AVENUE CONNECTOR LYING NORTH OF COLFAX AVENUE AND WEST OF THE EAST LINE OF THE CITY CEMETERY EXTENDED SOUTH TO COLFAX AVENUE, SOUTH BEND, INDIANA. 45-22 FIRST 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 2022 46-22 FIRST 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 FOR THE YEAR 2022 OF $110,000 FROM THE GENERAL FUND (#101), $3,348,550 FROM THE DCI FEDERAL GRANT FUND (#212), $25,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $475,000 FROM THE MVH RESTRICTED FUND (#266), $10,000 FROM THE INDIANA RIVER RESCUE FUND (#291), $161,819 FROM THE LOCAL INCOME TAX ECONOMIC DEVELOPMENT FUND (#408), $332,253 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND (#410), $314,270 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA FUND (#413), $1,100,000 FROM THE WATER WORKS OPERATIONS (#620), $240,000 FROM THE SEWER REPAIR INSURANCE FUND (#640), $785,000 FROM THE SEWAGE WORKS OPERATING FUND (#641), AND $8,000 FROM THE FIRE PENSION FUND (#701) 47-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING TIPPING AND LOADING CHARGES FOR YARD WASTE CUSTOMERS WITHIN TWO SECTIONS OF CHAPTER 16, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE 48-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING, AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION’S 2023 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2023 49-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2023, AND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2023 AND ENDING DECEMBER 31, 2023 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 50-22 FIRST 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 832 SOUTH BEND AVE. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 51-22 FIRST 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 506 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS 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 requests 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 Filed in Clerk's Office L�u� _: 77071DAWN "'1. vl NESCITY CLERK, SOUTH BEND, IN CITY OF SOUTH BEND --" DEPARTMENT OF PUBLIC WORKS August 17, 2022 Sharon McBride South Bend Common Council County City Building 227 W. Jefferson Blvd, 400 South Bend, IN 46601 Re: Amendments to various sections of Chapter 17 of South Bend Municipal Code Dear Council President: A few years ago, the Common Council authorized a Low Income Customer Assistance Program. This Program was implemented during the COVID-19 pandemic while the City of South Bend also instituted a moratorium on utility bill collections. In late 2021, this program was revised to provide greater assistance, and was generally renamed Utility Assistance Program. As the public health emergency has ceased, the City will continue with standard processes for collecting late payments on utility bills, up to and including disconnection of service after bill has become delinquent. These amendments are intended to recognize that customers who meet low income guidelines may have more difficulty paying their bill, and that those customers would benefit from certain modification to existing policies. The following amendments are proposed: •Update references to Low Income Customer Assistance Program (LICAP) to Utility Assistance Program (UAP) •A process for enrolling renters into the UAP when the account is in the name of the property owner. •Exemption from late penalties (fees) for water, sewer, and stormwater charges when customers are enrolled in UAP. •Customers enrolled in UAP will not lose the benefits of the Water Service Line Repair Program, or Sewer Service Line Repair Program when their account is delinquent. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1316 County-City Building 227 W Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9251 f 574.235.9171 www.southbendin.gov BILL NO. 43-22 ir: C:!erk's Office I U 5 2022 City of South Bend I',VIN M. JONES CITY C;r..s;% SOUTH BEND, INBOARDOFZONINGAPPEALS July 6, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 316 N Olive St. Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 11, 2022, Council meeting and set it for public hearing at your August 8, 2022, Council meeting.The petition is tentatively scheduled for public hearing at the August 1, 2022, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals 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: To allow for an autobody shop. 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, v& 7 Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building 1 227 W.Jefferson I South Bend, IN 466011 574-235-7627 1 www.southbendin.gov/zoning BILL NO. 32-22 Filed in Cterk's Office JUL 0 2022 BILL NO. 32-22 1._ DAWN l4P,.JC'vE5 ORDINANCE NO. 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 316 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the property to operate an automotive repair shop 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: 316 N. Olive St. 71-08-03-455-001.000-026 In order to permit Vehicle Service, Minor 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: l. 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. 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 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 2 - eadli n i 5, --a-0 5 2-022 N M.JONES Cityof South Bend 30tJTHBEf ,{ Jefferson - Suite 14005 Bend. I N 46601BOARDOFZONINGAPPEALS zoning@southbendin.gov Petition Property Information Tax Key Number: OAS —SC)a-E — 07 0 Address: 4) / 0 4. . I Owner: i 1 r rT le-2— Zoning: Choose the current district r Project Summary: W cx a C 1 & r v) 0"U 0 jJ.. J-1 Requested Action 1K 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: Required Documents Completed Application (including Criteria for Decision Making and Contact Inform_ ation) Site Plan drawn to scale Filing Fee Clerk's Office f Y' U 5 ?022 iil-JONES C:11'0LERK, SOUTH BEND, IN rr-f rKs Uttice 0 5 2022 r _` ' yK, SOUTH SEND, IN Criteria for Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria.1) The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare, because: W e- W ill +e Wor It ,,x KE + de • 44 c P d a e 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: vV p W ,t C- I I aw ( k C7Ivt, o, k--.t/ A"', 0- rC-c-k ( ooK 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because:S S'e t dc S 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because:7kg -,f o-O,er Autovi-I VC bvs ;hesseS c)( 10 vJ O((J" e C 0 V 2 Y7 d + ohs cha Ct +.e + tea ;v S -o S Clerk's Office I ," JN K JONES Criteria for Decision Variance(s) -if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: V'f H W no 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, because: T C, er-0 Q 1 1Ct w I C:e. S= 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: Filed in Clerk's Office JUL 0 5 2021? DAWN M.JONES CITY CLERK, SOUTH BEND, IN Contact Property owner(s) of the petition site: Name: A o Address: Name: Address: Name: Address: Contact Person: 1Name.- Address: PQ) 14 661 Phone Number: 5 40 ^ V1)6V-_N E-mail: \ C_5 Cht/'()ril l;Qc` r—` Cpy`1 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: Gf 1 E w•• 1 filed in Clerk's Office iUL 0 5 2022 DAWN M.JONESCITYCLERK, SOUTH BEND,IN City of South Bend BOARD OF ZONING APPEALS August 17, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1702 W Western Ave Dear Committee Chair Hamann: Filed in Clerk's Office AUG 1 7 2077 DAWN M. )ONES CITY CLERK, SOUTH BEND IN' Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your August 22, 2022, Council meeting and set it for public hearing at your September 12, 2022, Council meeting. The petition is tentatively scheduled for public hearing at the September 6, 2022, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals 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: The current owners have entered into a purchase agreement on the subject building to sell to A&M Wireless, Inc (Boost Mobile Cellular Store) owned by Amar Preet Singh. The sale is subject to approval by the City of South Bend for its special exception use. 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, Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 40-22 Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K . .Hamann At Large City of South Bend Common Council 441 County-Gty Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 (574)235-9321 Fax (574) 235-9173 IDD (574) 235-5567 http://www.southbendin.gov Septe ber�N in Clerk's Office South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 StY O 6 ?07? DAWNM. JONES CITY CLERK, SOUTH BENO IN-------� ' Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AFFIRMING THE SOUTH BEND COMMON COUNCIL'S SUPPORT OF EXECUTIVE ORDER 03- 2022 ENTITLED "COMMITMENT TO DESIGNATION OF SOUTH BEND AS A "BROADBAND READY CITY"; THE COUNCIL'S COMMITMENT TO WORKING COLLABORATIVELY WITH THE CITY ADMINISTRATION TOW ARDS THE DESIGNATION OF SOUTH BEND AS A "BROADBAND READY CITY"; AND THE ADOPTION OF PROCEDURES UNDER IND. CODE 5-28-28.5-7 Dear Council Members: On August 30, 2022, Mayor James Mueller issued Executive Order 03-2022 committing his administration to seek the designation of South Bend as a "Broadband Ready City" under Indiana Code 5-28-28.5. This commitment requires the City to follow the procedures established in Ind. Code 5-28- 28.5-2. Being certified as a "Broadband Ready City" is a significant step in eliminating the digital divide between some groups of South Bend residents to create a more equitable environment for communication, economic development and social progress. This Resolution not only strongly endorses the Executive Order, it enables the City to seek certification by adopting and establishing the definitions set out in Ind.Code 5-28-28.5-2 and Ind.Code 5-28-28.5-3 as contained in Executive Order 03-2022 at Section 2, and the requirements set out in Ind.Code 5-28-28.5-7 for reviewing applications and issuing permits for projects which are contained in Executive Order 03-2022 at Sections 5 and 6. The Resolution also directs the Department of Innovation and Technology to establish and facilitate a Connectivity Coalition for the purposes described in Executive Order 03-2022 and to advise and consult with other City BILL NO. 22-42 Tax Abatement BILL NO. 22-39 Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Comminee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Founh District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At L arge Rachel Tomas Morgan At L arge Lori K. Hamann At L arge City of South B·end (574)235-9321Fax (574) 235-9173 TDD (574) 235-5567 Common Council n :/ /www.southbendin.gov 441 County-Gty Building • 227 W. Jefferso South Bend, Indiana 46601 Bl'f\led in Clerk's Office August 1 7, 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 r-�---··-.... I I AUG 1 7 7n77 Re: A SPECIAL RESOLUTION OF THE COMMON COUNCIL l OF THE CITY OF SOUTH BEND, INDIANA COMMEMORATING AND CELEBRATING THE LIFE AND PUBLIC SERVICE OF CONGRESSWOMAN JACKIE R. W ALORSKI Dear Council Members: As we all know, Congresswoman Jackie Walorski and three others were tragically killed in an automobile accident on August 3, 2022.Congresswoman Walorski is probably best known for passionately representing her constituents from this area in both the Indiana House of Representatives and later, in the United States House of Representatives. Jackie's service to others went far beyond her governmental service. Notably, she and her husband, Dean Swihart, spent years in Romania as missionaries and established a foundation to provide medical supplies and attention for underprivileged children of Romania. Please place this Special Resolution on the agenda for the full Common Council meeting on August 22, 2022, under "Special Business". Thank you for your consideration. Sinc erely yours, Eli Wax, South Bend Common Council, Fifth District BILL NO. 22-40 City of South Bend Common Council 441 County-Oty Building • 22 7 W. Jefferson Blvd South Bend, Indiana 46601 574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov Troy Warner, South Bend Common Council, Fourth District 1316 COUNTY-CITY BUILDING 227 W . .JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 Filed in Clerk's Office CITY OF SOUTl--1 BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS /i.UG l 9 20?.? August 23, 2022 DAWN M. JONES ClTY CLERK, SOUTH BEND INI Mr. Michael Danch Danch, Harner, and Associates, Inc 1643 Commerce Dr. South Bend, IN 46628 mdanch@danchharner.com RE: Alley/Street Vacation -Street at LaSalle Ave. Connector Lying North of Colfax Ave. and West of the East Line of the City Cemetery Extended South of Colfax Ave. (Preliminary Review) Dear Mr. Danch: At its August 23, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-I 3, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this street. If you still wish to pursue this street vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name. If you have any questions about how the street vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions, please call this office at (57 4) 235-9251. Enclosures TH/lh Sincerely, Isl Theresa Heffner Theresa Heffner, Clerk ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER BILL NO. 44-22 1200N COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND. INDIANA 46601-1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 2, 2022 Ms. Sharon McBride, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: QJ 2022 Budget Transfer Ordinance Dear President McBride, Filed in Clerk's Office l St� 05� DAW�J°Kii�ONES CITY CLERK. �Q_UTH BEND, IN 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 2022, we plan to propose adjustments during four time periods-March, June, October and December. Based on our budget review, we are submitting the enclosed budget transfer 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 I st reading on September 12, 2022 with 2nd reading, public hearing and 3rd reading scheduled for September 26, 2022. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Daniel T. Parker City Controller BILL NO. 45-22 1200N Cou TY-CITY Bu1Lo1NG 227 W. JEFFERSON BLVD. So TH BENO. Ii DIANA 46601-1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER. MAYOR DEPARTMENT OF ADMINISTRATION ANr:,-t'��CE September 2, 2022 Ms. Sharon McBride, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: Q3 2022 Additional Appropriation Ordinance Dear President McBride, T�,_;��k��?:J IDAWN M. JONES I CITY CLERK, SOUTH BENO IN I ---···--·---� 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 2022, we plan to propose adjustments during four time periods-March, June, September 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 I st reading on September 12, 2022, with 2nd reading, public hearing and 3rd reading scheduled for September 26, 2022. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Daniel T. Parker City Controller BILL NO. 46-22 Filed in Clerk's Office [sc� o 7 ?nn oAwfrM. JONEsCITY CLERK, SOUTH BEND IN···-·-J CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS September 7, 2022 Sharon McBride President, Common Council of the City of South Bend 227 W. Jefferson Blvd.; Ste 400S South Bend, IN 46601 Dear President McBride, I am pleased to submit to you amendments to Sections 16-27 and 16-29 of Chapter 16, Article 4 of the South Bend Municipal Code that address the policy for the disposal of yard waste. The City currently charges a tipping fee for customers who live inside the corporate limits of South Bend to bring in yard waste material for disposal, but customers from outside the corporate limits of South Bend are excluded from bringing in yard waste in the current version of the Municipal Code. This ordinance introduces a tipping fee for customers who live outside the corporate limits of South Bend to dispose yard waste material. Fees remain unchanged for South Bend residents. This ordinance further requires a loading fee to be charged if City staff use their equipment to load mulch and/or compost into customers vehicles. Loading charges for mulch and compost are also adjusted for all customers. These changes are meant to better reflect the actual operational costs of services provided to customers I will be presenting this ordinance to the Council at its Committees and regular meetings and will be happy to respond to questions at that time. Sincerely, Jitin Kain Deputy Director, Public Works EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1316 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 57 4.235. 9251 f 57 4.235. 9171 www.southbendin.gov I"/ k �- BILL NO. 47-22 1200N COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 2, 2022 Ms. Sharon McBride President, South Bend Common Council 4th Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: 2023 Transpo Budget Appropriation and Property Tax Levy Dear President McBride: FilP-d in Clerk's Office ---·· ·7 SEP O 'lr"--> L . L.________ JDA\"-'f\i 1v1 JONES CITY CLERK SOUT>-i BEND, IN Attached, please find a bill for consideration by the Common Council of the City of South Bend appropriating, adopting and approving monies for the South Bend Public Transportation Corporation (Transpo) for the fiscal year commencing January 1, 2023 and ending December 31, 2023. This bill is respectfully submitted for 1st reading filing with the Common Council for the council meeting on September 12, 2022, 2nd reading and public hearing at the council meeting on September 26, 2022, with 3rd reading and council vote at the council meeting on October 10, 2022. Per requirements of the Indiana Department of Local Government Finance ("DLGF"), when this bill is voted upon, each Councilmember's vote must be reflected on the last page of Exhibit B ("DLGF Budget Form No. 4"), and each Councilmember must sign this page of Exhibit B. I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Employees of the South Bend Public Transportation Corporation will also be available at these meetings. Respectfully submitted, Daniel T. Parker City Controller BILL NO. 48-22 1200N COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 2, 2022 Ms. Sharon McBride President, South Bend Common Council 4th Floor, County-City Building 227 W. Jefferson Blvd. Sou th Bend, I 46601 Re: 2023 Annual Budget Appropriation and Property Tax Levy Dear President McBride: FP0.cl :n (IC'lrk's Office --7 SEP O 7 � ·_: TAvi� .. ,r:,·.�;6Nf� CITY CLERK, SOUTH �ENO, IN Attached, please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for city expenditures for the fiscal year commencing January 1, 2023 and ending December 31, 2023 and levying property taxes for the same. This bill is respectfully submitted for 1st reading filing with the Common Council for the council meeting on September 12, 2022, 2nd reading and public hearing at the council meeting on September 26, 2022, with 3rd reading and council vote at the council meeting on October 10, 2022. Per requirements of the Indiana Department of Local Government Finance ("DLGF"), when this bill is voted upon, each Councilmember's vote must be reflected on the last page of Exhibit B ("DLGF Budget Form No. 4"), and each Councilmember must sign this page of Exhibit B. I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, Daniel T. Parker City Controller BILL NO. 49-22 City of South Bend BOARD OF ZONING APPEALS September 7, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 832 South Bend Ave. Dear Committee Chair Hamann: Filed in Clerk's Office [ St�� �!O?? I DAWN M. JONESCITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 12, 2022, Council meeting and set it for public hearing at your October 10, 2022, Council meeting. The petition is tentatively scheduled for public hearing at the October 3, 2022, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals 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: To construct a 1 Unit Dwelling. 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, �� Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 50-22 Filed in Clerk's Office BILL NO. 50-22 SES 0 2022 DAWN JONESORDINANCENO.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 832 SOUTH BEND AVE. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the construction of a 1 Unit Dwelling 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: 832 South Bend Ave. 018-5031-1111 In order to permit Dwelling, 1 Unit 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. 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 . 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 SEP 0 / 2022 CITY CLD K U°H BEND IN 2 - City of South Bend 7 W. Jefferson - Suite 1400S S_,uth Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition fICGVMEW390 Special Exception RECEIVED AU6 1 f in Property Information Tax Key Number: 018-5031-1111 Address: 832 South Bend Avenue, South Bend, IN 46617 Owner: Shamrock Realty Group LLC Zoning: NC Neighborhood Center Project Summary: 832 South Bend Avenue is zoned as a neighborhood center which does not allow for the construction of a 1 unit dwelling. We petition the ability to construct a 1 unit dwelling on the specified property in contrast with the current zoning regulations. Requested Action Special Exception — complete and attach Criteria for Decision Making Use requested:dwelling, 1 unit Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office SEP 0 7 2022 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale PAID Filing Fee AUG 1 0 2022 Per,____. Criteria for Decision Making Special Exception -if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed use would simply allow the construction of a 1 unit dwelling in a neighborhood that already has a number of 1 unit dwellings. The properties surrounding 832 South Bend Avenue are zoned as U1, U2, U3 and UF which all allow the construction of 1 unit dwellings. This project would not change the fabric of the neighborhood. 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The properties surrounding 832 South Bend Avenue are zoned as U1, U2, U3 and UF which all allow the construction of 1 unit dwellings. This proposed use will fit in with the adjacent area and will have a positive impact on the property values in the area. 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The properties surrounding 832 South Bend Avenue are zoned as U1, U2, U3 and UF which all allow the construction of 1 unit dwellings. This project would not change the fabric of the neighborhood and falls in line with the land uses of the neighboring properties. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: 1 unit dwelling would encourage a pedestrian friendly neighborhood. Filed in Clerk's Office SEN 0 7 20?? DAWN M.JONES CITY CLERK, SOUTH BEND,IN 1 Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: 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, because: 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5)The variance does not correct a hardship caused by a former or current owner of the property, because: Filed in Clerk's Office SLP 0 7 ?0?? DAWN M.JONES CITY CLERK, SOUTH BEND, IN Contact Information Property owner(s) of the petition site: Name: Matt Desalvo Address: 52 Dawn Harbor Lane, Riverside, CT 06878 Name:Corey Desalvo Address: Name: Address: Contact Person: Name:John Spalding i Address: 106 Lincolnway E Hwy, Mishawaka, IN 46544 I Phone Number: (574) 514 - 6644 E-mail: john@spaldingdesigngroup.com 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: 1 Office SEP 0 7 2077 1 DAWN M.JONES CITY CLERK, SOUTH BEND, IN Filed in C{erk , Office SU 0 / 20ZZ DAWN An. JONES CITY CLERK,SOUTH BEND, IN OGS b . mux 12'setbAck..._... 0'front yard setback nos 0 NOTRE DAME AVE. 0 0 0 yy D PAN D NG iii11' SITE PLAN t1 CAI oma:61, ll, 1 , ll '8 rww.uaa u„mw,i.c.e, tws, City of South Bend BOARD OF ZONING APPEALS September 7, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 506 N Olive St. Dear Committee Chair Hamann: Filed in Clerk's Office [srP ;2��] CITY c DA�YNM. JONES -LERK,�91..!TH BENO, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 12.2022, Council meeting and set it for public hearing at your October 10, 2022, Council meeting. The petition is tentatively scheduled for public hearing at the October 3, 2022, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals 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: To allow for an autobody shop. 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, �� Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning · BILL NO. 51-22 Filed in Clerk's Office SEP 0 7 2022 BILL NO. 51-22 ORDINANCE NO. DAWN M.JONES Gin CLEPK, C3 T H 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 506 N. OLVIE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the property to operate an automotive repair shop 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: 506 N. Olive St. 018-2030-0977 In order to permit Vehicle Service, Minor 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. 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 . 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 SAN 0 l ?V DAWN M.'JONES CITY CLERK, SOUTH BEND, IN 2 - a City of South Bend 22'7 W. Jefferson - Suite 14005 6601 BOARD OF ZONING APPEALS SouthBend, IN endinzoninq@southbendin.gov Petition for Variance - Special Exception Property Information I 4o3)-- Qq Tax Key Number: Address: -- 5e)6, ye OZ/Of Owner: k 4_ U);f/1:4,-. S Zoning: Choose the current district Project Summary: do I fain 4 r SS e 450' 6 /1)eril-e_fr-cr Requested Action 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: C A ag\OJil j[ECCY1/0 67z-b T70 - jc ?L PAID AUG171012 Required Documents Completed Application (including Criteria for Decision Making and Contact Information) El Site Plan drawn to scale El Filing Fee f=iled in Clerk's Office FEY 0 7 ?0?.? 6-AWN-A.JONES CICLERKSOIJTHBJ Criteria for Decision Making Special Exception,-_ff applicable, I A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, bec use IFiled in Clerks Office c (Jl(ad,o Ar: JO moo'SES O 7 2022 DAWN M.JONES CITY CLERK SOUTH BEND, IN 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: j 4zk // z AL oft a d4,y5 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: f p-s 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: rest) 5PeG-Qc f7JJ5 i ti 1 i Criteria for Decision Making Variance(s) If applcable, ___ State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1)The approval will not be injurious to the public health, safety, mor Is aFdiOrilelr1lerk'S Office welfare of the community, because: 114-// SEN o 7 ?Or? DAWN M.JONES CITY CLERK, SOUTH BEND, IN 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, because: 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 77-4 " //1/4a 4)The variance granted is the minimum necessary, because: r,iL. /l1- cCS 5)The variance does not correct a hardship caused by a former or current owner of the property, because: e-9 o 1- /e 14 lint 4 // plop-Q(4/ ©wet/42f df R.€..c),Le Filed in Clerk's Office S 0 7 7077 DAWN M.JONES BEND,IN Contact Information Property owner(s) of the petition site: Name: E7/o ///; )jir kg Address: g a a ( ( S eaO,J / / ^e,. U t V t l C. J Jr 44o31- Name: lk 4o 3 •'1'- Name: Address: Name: Address: Contact Person: Name: E1RoL ‘.,\ Ivrtav,,y1.5 Address: okywo Phone Number: f 14—ci366 q 6 / E-mail: QLAI1 11;(l .9 6, i(.fduaf COrtn 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. Pro erty Q ner(s) Signatures: Filed in Clerk's Office' SEH 7 207? 4, DAWN M JONES D 'a CITY CLERK,SOUTH BEND, IN