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HomeMy WebLinkAbout12-12-2022 FINAL Committee Meeting 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, DECEMBER 8, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, December 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 Microsoft Teams Meeting app here: https://tinyurl.com/12122022CC. 3:00 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1. Bill No. 75-22 – An Ordinance to Adopt an Investment Policy for the City of South Bend Calendar Year 2023 2. Bill No. 76-22 – An Ordinance Appropriated Additional Funds for Certain Departmental and City Services Operations for the Year 2022 3. Bill No. 77-22 – An Ordinance for Budget Transfers for Various Departments for the City of South Bend, Indiana for Calendar Year 2022 3:30 P.M. PUBLIC WORKS & PROPERTY VACATIONS CHAIRPERSON, NIEZGODSKI 1. Bill No. 52-22 – An Ordinance to Vacate Property Located Between GoodPlace and Blyler Place Commonly Known as Keller Park 3:45 P.M. ZONING AND ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 51-22 – An Ordinance Approving a Petition of the Board of Zoning Appeals for Property Located at 506 N. Olive St., South Bend, Indiana Councilmanic District #2 2. Bill No. 22-59 – A Resolution Adopting a Fiscal Plan & Est. Policy for Provision to an Annexation Area German Township 3. Bill No. 63-22 – An Ordinance Annexing & Amending Zoning Ordinance for Property in German Township for 21275 Cleveland Avenue Councilmanic District #1 in South Bend, Indiana 4. Bill No. 69-22 – An Ordinance Approving a Petition of the Board of Zoning Appeals for Property Located at 1405 Portage Avenue Councilmanic District # 1 in South Bend, Indiana 5. Bill No. 70-22 – An Ordinance Approving a Petition for the Board of Zoning Appeals for Property Located at 3409 S. St. Joseph Street, Councilmanic District #6 in South Bend, Indiana 4:45 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS -MORGAN 1. Bill No. 22-60 – A Resolution for Climate Recovery and Commitment to Develop a Climate Action Plan 5:10 P.M. COMMUNITY RELATIONS CHAIRPERSON, WARNER 1. Downtown South Bend (DTSB) Update – Willow Weatherall, Executive Director, DTSB Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL 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, December 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/12122022SBCC 1. INVOCATION PASTOR LARRY DAVIDSON – GREATER FRIENDSHIP MISSIONARY BAPTIST CHURCH 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES DISCUSSION ON CONTENT OF MINUTES 5. SPECIAL BUSINESS SWEARING IN OF 2023 YOUTH ADVISORY COUNCIL 6. REPORTS FROM CITY OFFICES MACOG ENVIRONMENTAL UPDATE – Mark Espich, Environment Health Director, St. Joseph County Department of Health 7. COMMITTEE OF THE WHOLE BILL NO. 52-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST HALF, 120 FEET, OF THE ALLEY EXTENDING BETWEEN GOOD PLACE AND BLYLER PLACE ROUGHLY PARALLEL TO RIVERSIDE DRIVE IN THE CITY OF SOUTH BEND AREA COMMONLY KNOWN AS THE KELLER PARK NEIGHBORHOOD. 63-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR 21275 CLEVELAND ROAD, SOUTH BEND, INDIANA 69-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1405 PORTAGE AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 75-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ADOPTING AN INVESTMENT POLICY FOR THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2023 76-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2022 OF $840,000 FROM THE GENERAL FUND (#101), $968,222 FROM THE PARKS & RECREATION FUND (#201), $135,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202), $25,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $2,300,000 FROM THE CENTRAL SERVICES FUND (#222), $294,000 FROM THE LIABILITY INSURANCE FUND (#226), $226,000 FROM THE MVH RESTRICTED FUND (#266), $875,000 FROM THE SOLID WASTE OPERATIONS FUND (#610), $210,000 FROM THE WATER WORKS OPERATIONS FUND (#620), $224,165 FROM THE SEWAGE WORKS OPERATIONS FUND (#641), AND $550,000 FROM THE CENTURY CENTER OPERATIONS FUND (#670) 77-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2022 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 52-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST HALF, 120 FEET, OF THE ALLEY EXTENDING BETWEEN GOOD PLACE AND BLYLER PLACE ROUGHLY PARALLEL TO RIVERSIDE DRIVE IN THE CITY OF SOUTH BEND AREA COMMONLY KNOWN AS THE KELLER PARK NEIGHBORHOOD. 69-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1405 PORTAGE AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 75-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ADOPTING AN INVESTMENT POLICY FOR THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2023 76-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2022 OF $840,000 FROM THE GENERAL FUND (#101), $968,222 FROM THE PARKS & RECREATION FUND (#201), $135,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202), $25,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $2,300,000 FROM THE CENTRAL SERVICES FUND (#222), $294,000 FROM THE LIABILITY INSURANCE FUND (#226), $226,000 FROM THE MVH RESTRICTED FUND (#266), $875,000 FROM THE SOLID WASTE OPERATIONS FUND (#610), $210,000 FROM THE WATER WORKS OPERATIONS FUND (#620), $224,165 FROM THE SEWAGE WORKS OPERATIONS FUND (#641), AND $550,000 FROM THE CENTURY CENTER OPERATIONS FUND (#670) 77-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2022 11. RESOLUTIONS BILL NO. 22-59 RESOLUTION ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (CLEVELAND- SHELLBARK ANNEXATION AREA) 22-60 RESOLUTION ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AN UPDATED AND SUPERCEDING RESOLUTION OF THE SOUTH BEND COMMON COUNCIL CONCERNING CLIMATE RECOVERY AND OUR COMMITMENT TO DEVELOP A CLIMATE ACTION PLAN AIMED AT GREENHOUSE GAS REDUCTIONS FOR THE CITY OF SOUTH BEND AND TO SUPPORT OTHER CLIMATE- RELATED INITIATIVES. 12. BILLS OF FIRST READING BILL NO. 78-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1144 CORBY BLVD. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 79-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 7468 AND 7686 VORDEN PARKWAY. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS 14. NEW BUSINESS APPROVE 2023 COMMON COUNCIL MEETING DATES 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. 09-22-2022) 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 Henry Davis, Jr., Vice-Chairperson Eli Wax, Member Troy Warner, Member Kaine Kanczuzewski, Citizen MemberThomas 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 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 k's r'{fice UTHg 1200N COUNTY-CITY BUILDING 04Yd; P NE 74.235.9216 227 W. JEFFERSON BLVD. I NOV. 2 2022 F 4.235.9928 SouTx BEND,INDIANA 46601-1830W . ; \;PEACE, DAWN M.JONES x ' a CITY CLERK. SOUTH BEND,IN CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 21,2022 Ms. Sharon McBride,President City of South Bend Common Council 227 W.Jefferson Boulevard,4th Floor South Bend, Indiana 46601 RE: Investment Policy Dear President McBride, The Indiana legislature has enacted Indiana Code § 5-13-9 et seq,which allows the fiscal officer of a city to make investments of certain city funds into designated investment vehicles.Accordingly,the attached ordinance authorizes me to continue our current practice of exercising these investment powers to maximize financial resources of the City. This bill makes no changes to the current investment policy of the City,and it mirrors bills passed by the Common Council in December of 2020 and December of 2021.Certain powers of investment outlined in the Indiana Code require annual approval from the South Bend Common Council,which is why this bill is being presented at this point. I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be filed for 1st reading on November 28,2022,with 2nd reading,public hearing and 3rd reading scheduled for December 12,2022. 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 6 pvTH`4N 1200N COUNTY-CITY BUILDING svp4 4d` PHONE 574.235.9216 227 W. JEFFERSON BLVD. M1 U S''. 1 I / X , 574.235 9928 eSOUTHBEND,INDIANA 46601-1830 h K C.. 11w a PF.ACF less NOV 21 2022 CITY OF SOUTH BEND, IN JAMES MUELLER, MAY• DEPARTMENT OF ADMINISTRATION ANI bi AWN M.JOTHNES BENDI IN November 21,2022 Ms. Sharon McBride,President City of South Bend Common Council 227 W.Jefferson Boulevard,4th Floor South Bend,Indiana 46601 RE: Q4 2022 Additional Appropriation Ordinance Dear President McBride, 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 1st reading on November 28,2022,with 2nd reading,public hearing and 3rd reading scheduled for December 12,2022. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-9822. Regards, 36"-.E Daniel T. Parker City Controller 1 1...- Alif I 1C2 City of South Bend,Indiana NOV 21 2022 Q4 2022 Budget Adjustments-Additional Appropriations L_____--___. increase or decrease in total fund expenditures)DAWN M.JONTS CITY CLE K. SOUTH BEND, IN Account# Fund Department Division Account Budget Adjustment Unanticipated Expenses 101-08-080-080-422001— General Fund Police Department Police Department Supplies-Operating-CS.Gasoline 100,000 101-08-080-080-431001— General Fund Police Department Police Department Services&Charges-Professional-Legal Services 100,000 Rationale: Increased costs of gasoline in 2022-budgeted at roughly$2.50 per gallon in 2022;actual was over$4 per gallon for much of the year.Increased legal costs are primarily due to costs of outside counsel for certain ongoing legal cases. 101-09-090-090-422000— General Fund Fire Department j Fire Department 1 .Supplies-Operating-Other Operating Supplies 170,000 Rationale: Increased supply costs related to new recruits and lateral transfers hired in the second half of the year. Fire was also impacted by the cost of inflation for medical supplies 101-09-090-090-431001-- General Fund Fire Department Fire Department Services&Charges-Professional-Legal Services 150,000 101-09-090-090-436000-- General Fund Fire Department Fire Department Services&Charges-Repairs Sr Maint-Other R&M 300,000 Rationale: Increased legal expenditures,repair and maintenance costs,and education/training costs. Inflation also impacted all these costs. 101-09-092-092-431014— General Fund Fire Department EMS Services&Charges-Professional-Collection Costs 20,000 Rationale: Bank&Credit Card fees over-budget due to revenue over budget 201-11-201-201-410003-- Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Salaries&Wages-Permanent Part Time 90,000 201-11-201-201-422001— Parks&Recreation Venues Parks&Arts Park Maintenance Supplies-Operating-C.S.Gasoline 103,000 201-11-201-201-431019— Parks&Recreation Venues Parks&Arts Park Maintenance Services&Charges-Professional-Security Services 63,000 201-11-201-201-435002— Parks&Recreation Venues Parks&Arts Park Maintenance Services&Charges-Utility Services-Natural Gas 120,000 201-11-201-201-435004-- Parks&Recreation Venues Parks&Arts Park Maintenance Services&Charges-Utility Services-Water 45,000 201-11-201-201-436001-- Parks&Recreation Venues Parks&Arts Park Maintenance Services&Charges-Repairs&Maint-Building R&M 100,000 201-11-201-204-435002— Parks&Recreation Venues Parks&Arts Park Maintenance Services&Charges-Utility Services-Natural Gas 3,100 Rationale: Increased costs in utilities and gasoline,stemming primarily from inflation and increased supply costs across the City. 201-11-202-220-435001— Parks&Recreation Venues Parks&Arts Golf Courses Services&Charges-Utility Services-Electric 50,000 201-11-202-221-422003— Parks&Recreation Venues Parks&Arts Golf Courses Supplies-Operating-Gasoline 110,000 201-11-202-221-422010-- Parks&Recreation Venues Parks&Arts Golf Courses Supplies-Operating-Plants Chemicals Seed&Fertilizer 60,000 201-11-202-221-423000— Parks&Recreation Venues Parks&Arts Golf Courses Supplies-Repair&Maint-Other R&M Supplies 50,000 201-11-202-222-436000— Parks&Recreation Venues Parks&Arts Golf Courses Services&Charges-Repairs&Maint-Other R&M 35,000 Rationale: Increased costs in utilities and gasoline,stemming primarily from inflation and increased supply costs across the City.This increased cost is also stemming from higher-than-expected activity at the golf courses,which resulted in higher-than-budgeted revenue as well. I Cf? City of South Bend,Indiana NOV L I ZOZL Q4 2022 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) DAWJ M. JONES I CITY CLE Snt ITH BEND, IN Budget Account# Fund Department Division Account Adjustment 201-11-203-233-431000-- Parks&Recreation Venues Parks&Arts Recreational Experiences Services&Charges-Professional-Other Professional Svcs 30,000 201-11-203-236-433003-- Parks&Recreation Venues Parks&Arts Recreational Experiences Services&Charges-Printing&Ad-Promotional 40,000 Rationale: Increased costs of events and more events being held after the pandemic.This,coupled with rising costs,led to a greater need for services budget than anticipated. 201-11-205-231-433003— Parks&Recreation Venues Parks&Arts Development&Promotion Services&Charges-Printing&Ad-Promotional 40,000 Rationale: Best Week Ever was much larger in scope than in previous years,and,like in all areas of the City,the costs for related goods and services were much higher than we anticipated. 201-11-206-273-445008-- 1 Parks&Recreation Venues Parks&Arts Park Projects&Capital Capital Outlay-Machinery&Equip-Other Equipment 29,122 Rationale: Purchase of a tree spade(a machine used to move trees from one location to another).This purchase is covered by a donation made to the VPA Foundation. 202-06-602-503-422001— Motor Vehicle Highway Public Works Streets&Sewers Supplies-Operating-CS.Gasoline 126,375 202-06-602-505-422001— Motor Vehicle Highway Public Works Streets&Sewers Supplies-Operating-CS.Gasoline 8,625 Rationale: Increased costs of gasoline in 2022-budgeted at roughly$2.50 per gallon in 2022;actual was over$4 per gallon for much of the year. 220-08-080-088-431000— Law Enforcement Continuin€Police Department Police Department f Services&Charges-Professional-Other Professional Svcs 25,000 Rationale: Additional training costs due to an influx of new officers in 2022.Nineteen recruits and lateral transfers were added to the staff in mid-October 222-04-403-450-422001— Central Services Administration&Finance Central Services Supplies-Operating-C.S.Gasoline 1,300,000 222-04-403-450-423010-- Central Services Administration&Finance Central Services Supplies-Repair&Maint-Reimbursed Parts 1,000,000 Rationale: Increased costs of gasoline in 2022-budgeted at roughly$2.50 per gallon in 2022;actual was over$4 per gallon for much of the year.High costs of reimbursed parts in 2022 is driven by enormous inflation among vehicle parts and increased repair cost across the City.Delays in the delivery of new vehicles mean that the City has been forced to continue using older vehicles,which require more maintenance and upkeep.Additionally,the City has increased stocking of certain parts due to delays in delivery of those parts in an effort to keep more vehicles in service, 226-04-405-411-434000-- Liability Insurance Administration&Finance Liability Insurance Services&Charges-Insurance-Liability Insurance 294,000 Rationale: Increased cost of property insurance in 2022:Increase of over 20%over 2021.Since 2018,the City's premiums for property insurance have nearly tripled. 266-06-602-503-423002— MVH Restricted Public Works Streets&Sewers Supplies-Repair&Maint-Street Material 226,000 Rationale: Allow for the reallocation of internal paving expenses to our restricted MVII Fund from other funds. 610-06-603-512-436003-- Solid Waste Operations Public Works Solid Waste Services&Charges-Repairs&Maint-Auto Equip R&M 875,000 Rationale: Driven by enormous inflation among vehicle parts and increased repair cost across the City.Delays in the delivery of new vehicles mean that the City has been forced to continue using older vehicles, which require more maintenance and upkeep. rfFice City of South Bend,Indiana NOV 1 1 20Z7 i Q4 2022 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) DAWt' .JONES CITY CLERK. SOUTH BEN D,IN Budget Account# Fund Department Division Account Adjustment 620-06-604-608-452000-- Water Works Operations Public Works Water Works Other Uses-Interfund Transfer Out-Transfers Out 210,000 Rationale: To cover minimum cash reserve requirements for Fund 629(Operation &Maintenance Reserve Fund).This fund is required to keep a balance of 16.67%of the operating budget of water works.As the budget increases(due to inflation and increased costs),the minimum balance requirements increase as well. 641-06-602-509-422002-- Sewage Works Operations Public Works Streets&Sewers Supplies-Operating-Diesel/CNG 116,815 641-06-602-511-422002— Sewage Works Operations Public Works Streets&Sewers Supplies-Operating-Diesel/CNG 7,350 Rationale: Increased costs offuel in 2022. 641-06-605-515-439001— Sewage Works Operations Public Works Wastewater Services&Charges-Other-Other Contractual Services 100,000 Rationale: To cover increased trucking cost for removing Biosolids at Organic Resources 670-11-230-296-413900-- Century Center Operations Venues Parks&Arts Century Center Personnel-Other Personnel-SMG Wages 450,000 670-11-230-296-431900-- Century Center Operations Venues Parks&Arts Century Center Services&Charges-Professional-SMG Contracted Svcs 100,000 Rationale: Increased wages and services charges stemming from busier-than-expected event schedule.This busy schedule comes with higher-than-expected revenue as well,and the Century Center is back to or above pre-pandemic levels. Grand Total 6,647,387 oil i Ifs.1200N COUNTY-CITY BUILDING PHONE 574.235.9216 227 W. JEFFERSON BLVD. FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1830 5)'. i/ CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION ANI F ffice November 21,2022 NOV 2 1 2022 Ms. Sharon McBride,President Cityof South Bend Common Council L DAWN M.JONES CLERK,SOI:'` ';END,IN 227 W.Jefferson Boulevard,4th Floor South Bend,Indiana 46601 RE:Q4 2022 Budget Transfer Ordinance Dear President McBride, 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 1st reading on November 28,2022,with 2nd reading,public hearing and 3rd reading scheduled for December 12,2022. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-9822. Regards, alwQ0ti Daniel T.Parker City Controller r City of South Bend,Indiana P Q4 2022 Budget Adjustments-Budget Transfers i budget transfers between different cost categories(i.e.personnel,supplies,services,capital)and/or different departments/divisions within the same funtl) 1 NOV .21 2022 Account a Fund Department Division Account I Budget nAWN Ate.101-02-020-020-410001-- General Fund City Clerk's Office City Clerk's Office Personnel-Salaries&Wages-Salaried Wage; CITY CLFRK SOU T 11ID IN101-02-020-020-431000-- General Fund City Clerk's Office City Clerks Office Services&Charges-Professional-Other Prot !t7 Sv Rationale: Cover cost of outside professional services for the production of meeting minutes 101-04-402-044-410001— General Fund Administration&Finance Human Rights Personnel-Salaries&Wages-Salaried Wages 50,000) 101-04-402-044-433003— General Fund Administration&Finance Human Rights Services Sr Charges-Printing&Ad-Promotional 50,000 Rationale: Cover costs for 47th annual Indiana Consortium of State and Local Human Rights Conference 101-05-050-050410001— General Fund Legal Department Legal Department Personnel-Salaries&Wages-Salaried Wages 2,500) 101-05-050-050421000— General Fund Legal Department Legal Department Supplies-Office-Other Office Supplies 2,500 Rationale: Increased supply costs related to onboarding new employees(training documents,etc.)due to increased turnover. 101-06-600-500-431000— General Fund Public Works Engineering Services&Charges-Professional-Other Professional Svcs 14,500) 101-06-600-500-436001— General Fund Public Works Engineering Services Sr Charges-Repairs&Maint-Building R&M 18,000) 101-06-600-500-445000— General Fund Public Works Engineering Capital Outlay-Machinery&Equip-Motor Equipment 32,500 Rationale: Re-allocate budget to cover new vehicle purchase for new inspector 101-08-080-080-411006— General Fund Police Department Police Department Personnel-Employee Benefits-PERF Police Union 100,000) 101-08-080-080-411008— General Fund Police Department Police Department Personnel-Employee Benefits-Health Insurance 220,000) 101-08-080-080-422000— General Fund Police Department Police Department Supplies-Operating-Other Operating Supplies 320,000 Rationale: Total personnel expenditures will be less than budget. However,recruiting efforts have resulted in increasing the number of officers in the second half of the year.The addition of these officers has driven increased supply and services costs along with inflation experienced for all goods and services.This transfer funds increased costs of gas and supplies for increased officers hired in the second half of the year. This includes uniforms,equipment,and other operating supplies. 101-09-092-092-422008— General Fund Fire Department EMS Supplies-Operating-Medical/Safety Supplies 20,000 101-09-092-092-431000— General Fund Fire Department EMS Services&Charges-Professional-Other Professional Svcs 20,000) Rationale: Transfer savings in services to cover increased costs in medical supplies 201-11-203-230431000— Parks&Recreation Venues Parks Sr Arts Recreational Experiences Services&Charges-Professional-Other Professional Svcs 14,555 201-11-203-235-422000— Parks&Recreation Venues Parks&Arts Recreational Experiences Supplies-Operating-Other Operating Supplies 14,555) Rationale: Reallocate budget based on year-end budget projections 201-11-205-231-422009— Parks&Recreation Venues Parks&Arts Development&Promotion Supplies-Operating-Recreation Supplies 40,000) 201-11-205-231433003— Parks&Recreation Venues Parks&Arts Development&Promotion Services&Charges-Printing&Ad-Promotional 19,827 201-11-205-243433003— Parks&Recreation Venues Parks&Arts Development&Promotion Services&Charges-Printing&Ad-Promotional 20,173 Rationale: Reallocate budget based on year-end budget projections iir__- City of South Bend,Indiana NOV 2 17(122 Q4 2022 Budget Adjustments-Budget Transfers IOW Y L,-_ budget transfers between different cost categories(i.e.personnel,supplies,services,capital)and/or different departments/divisions within the some fund)I I UAwN M. JONES Account a Fund Department Division Account Adjustment 222-04-403-457-436001— Central Services Administration&Finance Central Services Services&Charges-Repairs&Maint-Building R&M 58,500 222-04-403457-445000— Central Services Administration&Finance Central Services Capital Outlay-Machinery&Equip-Motor Equipment 58,500) Rationale: Use savings to cover lift inspections and other building maintenance activities 222-04-403-450-410002— Central Services Administration&Finance Central Services Personnel-Salaries&Wages-Teamster Wages 80,000) 222-04-403-450-436001— Central Services Administration&Finance Central Services Services&Charges-Repairs&Maint-Building R&M 80,000 Rationale: Use savings to cover lift inspections and other building maintenance activities 230-10-103-100-439010-- Code Enforcement Community Investment Neighborhoods Services&Charges-Other-Landfill 7,900) 230-10-103-105-422000— Code Enforcement Community Investment Neighborhoods Supplies-Operating-Other Operating Supplies 7,900 Rationale: Transfer to cover purchase of SBARC washer&dryer 230-10-103-100-422001— Code Enforcement Community Investment Neighborhoods Supplies-Operating-C.S.Gasoline 20,000 230-10-103-100-439010— Code Enforcement Community Investment Neighborhoods Services&Charges-Other-Landfill 25,450) 230-10-103-105-422001— Code Enforcement Community Investment Neighborhoods Supplies-Operating-CS.Gasoline 4,950 230-10-103-105-422005— Code Enforcement Community Investment Neighborhoods Supplies-Operating-Uniforms 500 Rationale: Reallocate budget to cover slight anticipated overage in gasoline costs 230-10-103-100-421000 Code Enforcement Community Investment Neighborhoods Supplies-Office-Other Office Supplies 75,000 230-10-103-100-439010 Code Enforcement Community Investment Neighborhoods Services&Charges-Other-Landfill 75,000) Rationale: Reallocate budget to cover purchase of office furniture(cubicles)for neighborhoods division 279-07-071-071-422006-- IT/Innovation/311 Call Cen Innovation&Technology Information Technology Supplies-Operating-Computer Supplies&Equipment 52,000 279-07-071-071436004-- IT/Innovation/311 Call Cen Innovation&Technology Information Technology Services&Charges-Repairs&Maint-Computer Equip R&M 52,000) Rationale: Cover cost of IT equipment,including additional security cameras at various City properties and switches and other misc hardware for Seitz Park. 600-10-060-060-410001— Consolidated Building Community Investment Building Department Personnel-Salaries&Wages-Salaried Wages 12,000) 600-10-060-060-436003— Consolidated Building Community Investment Building Department Services&Charges-Repairs&Maint-Auto Equip R&M 12,000 Rationale: Reallocate budget to cover slight anticipated overage in auto equipment repairs and maintenance 600-10-060-060-410001— Consolidated Building Community Investment Building Department Personnel-Salaries&Wages-Salaried Wages 8,500) 600-10-060-060-422001— Consolidated Building Community Investment Building Department Supplies-Operating-C.S.Gasoline 8,500 Rationale: Reallocate budget to cover slight anticipated overage in gasoline costs NOV1 r- 21 ?(t^? a City of South Bend,Indiana Q4 2022 Budget Adjustments-Budget Transfers L__— --= budget transfers between different cost categories(i.e.personnel,supplies,services,capital)and/or different departments/divisions within the same rd) DAWN M.JONES U Y CLERK.SIIIItlTI I BEND,IN Budget Account it Fund Department Division Account Adjustment 601-11-240-461-421000- Parking Garages Venues Parks&Arts Parking Garages Supplies-Office-Other Office Supplies 15,000 601-11-240461-431000- Parking Garages Venues Parks&Arts Parking Garages Services&Charges-Professional-Other Professional Svcs 15,000) Rationale: Cover cost of purchasing supplies formerly covered by DTSB/New Flash Parking Supplies I 602-11-220-292-423001- Morris Performing Arts Cents Venues Parks&Arts Morris Performing Arts Center Supplies-Repair&Maint-Building Materials 20,000 602-11-220-292-431000- Morris Performing Arts Cents Venues Parks&Arts Morris Performing Arts Center Services&Charges-Professional-Other Professional Svcs 20,000) Rationale: Reallocate budget to account for expenses in a different manner(per new accounting system and rules for Morris Box Office Fund designed in September,2022) 620-06-604-603-422012- Water Works Operations Public Works Water Works Supplies-Operating-Water Treatment Chemicals 15,000) 620-06-604-603431015- Water Works Operations Public Works Water Works Services&Charges-Professional-Laboratory Water Testing 15,000 620-06-604-606-422001- Water Works Operations Public Works Water Works Supplies-Operating-CS.Gasoline 20,000 620-06-604-606-423007- Water Works Operations Public Works Water Works Supplies-Repair&Maint-Concrete&Asphalt 37,500 620-06-604-606439001- Water Works Operations Public Works Water Works Services&Charges-Other-Other Contractual Services 57,500) 620-06-604-608-410001- Water Works Operations Public Works Water Works Personnel-Salaries&Wages-Salaried Wages 50,000) 620-06-604-608410002- Water Works Operations Public Works Water Works Personnel-Salaries&Wages-Teamster Wages 50,000) 620-06-604-608-411004- Water Works Operations Public Works Water Works Personnel-Employee Benefits-PERF Regular 10,000) 620-06-604-608-411008- Water Works Operations Public Works Water Works Personnel-Employee Benefits-Health Insurance 40,000) 620-06-604-608421000- Water Works Operations Public Works Water Works Supplies-Office-Other Office Supplies 4,000 620-06-604-608-431000- Water Works Operations Public Works Water Works Services&Charges-Professional-Other Professional Svcs 90,000 620-06-604-608-431001- Water Works Operations Public Works Water Works Services&Charges-Professional-Legal Services 30,000 620-06-604-608-431002- Water Works Operations Public Works Water Works Services&Charges-Professional-Engineering&Architectural 20,000 620-06-604-608-437004- Water Works Operations Public Works Water Works Services&Charges-Rentals-Building Rental 6,000 Rationale: Reallocate budget based on year-end budget projections 641-06-605-515-422001- Sewage Works Operations Public Works Wastewater Supplies-Operating-C.S.Gasoline 65,000 641-06-605-515-436003- Sewage Works Operations Public Works Wastewater Services&Charges-Repairs&Maint-Auto Equip R&M 25,000) 641-06605-515439011- Sewage Works Operations Public Works Wastewater Services&Charges-Other-Waste Removal/Disposal 40,000) Rationale: Increased gasoline costs in 2022:budgeted at-$2.50 per gallon,was in excess of$4 per gallon for much of the year. 1 641-06-605-514-410001- Sewage Works Operations Public Works Wastewater Personnel-Salaries&Wages-Salaried Wages 80,000) 641-06-605-514411008- Sewage Works Operations Public Works Wastewater Personnel-Employee Benefits-Health Insurance 30,000) 641-06605-514439000- Sewage Works Operations Public Works Wastewater Services&Charges-Other-Mist Charges&Svcs 110,000 Rationale: Cover increased costs for contractual services,related to ramping up for capital projects in 2023. 670-11-230-295-423001- Century Center Operations Venues Parks&Arts Century Center Supplies-Repair&Maint-Building Materials 20,000 670-11-230-295431000- Century Center Operations Venues Parks&Arts Century Center Services&Charges-Professional-Other Professional Svcs 20,000) Rationale: Reallocate budget based on year-end budget projections Grand Total s ;5OUTH 4'4;. 1316 COUNTY-CITY BUILDING PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 y DACE 1865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR Filed in CIr;l'„'s Office BOARD OF PUBLIC WORKS December 14,2021 SEP 9 DAWN M. JONES Mr. Christopher Boardman CITY CLERK, SOUTH BEND, IN 1015 Good Place South Bend, IN 46616 Irishcb222@,hotmail.com RE: Alley/Street Vacation— 1015 Good Place (Preliminary Review) Dear Mr. Boardman: At its December 14, 2021 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 36-7-3-13,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 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 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 an unfavorable recommendation for the vacation of this alley. If you still wish to pursue this alley 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 alley vacation will affect your property taxes,please contact the Auditor's Office. If you have any further questions, please call this office at(574)235-9251. Sincerely, s/Laura Henslev/Acling Clerk ELIZABETH A.MARADIK GARY A.GILOT JORDAN V.GATHERS JOSEPH R.MOLNAR MURRAY L.MILLER u Filed in Clerk's Office 44.:.I U'a SEP 0 9 r' ko, moo r DAWN M.JONES 5 CITY CLERK,SOUTH BEND, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: November 22, 2021 TO: Zach Hurst, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (Ihensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS—ALLEY VACATION APPLICANT: Christopher Boardman LOCATION: 1015 Good Place PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church,school or other public building or place. 4. The vacation would/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. PUBLIC WORKS: Unfavorable—would hinder access COMMUNITY INVESTMENT: Unfavorable 1. The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would not hinder the public's access to a church, school or other public building or place. 4. The vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. FIRE: Favorable POLICE: Favorable Recommendation 0r W File in Cler'k's Office fy STREET/ALLEY VACATION APPLICATION SEP 0 9 ": r."- 2 •rrt -,, ripo)p ' City of South Bend - Board of Public Works J 227 W.Jefferson Boulevard,Ste. 1316 DE Viv r i.ilnEs CITY CLERK,SC ITH (SEND,IN South Bend, IN 46601 Date: 46j5)CDa i Phone#: 6/7 3'c -,da Name: W4/iii,h , A".: AJEmail: j3IIJ d?02 A6/7)-111111 C orl) Property Address: O J 5-6C06 cL , c00i ‘fiS*, iy 06 Applicant property information: 2rResidential Commercial . Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.ColfaxAve&E.LaSalle Ave): c- 6dt„,k.1,v oD-6 P 64-cL--1--- ALy ifze_. 0 4A-c&L-- -1-- vetc X'iL 56071 eve i ,. . t.i, y rr G i t Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes ll.No Does the existing alley provide garage access to other property owners? 0 Yes (g No Does the alley receive daily traffic excluding your own use? Yes ®No Would the vacation hinder public access to any of the following:a church, 0 Yes xj No school,or any other public building or place? Reason for street/alley vacation and proposed use,;_ f ri-//tom IS Nt1IU . Vs l/!U`/(hg S 1- Thj c AKL'_ To Arc 4,0 iA VI&/4- is A-cplt,1---o F eitL R ty 7t-S f u w 4- go c 4-Qs6,a,Q iti 6 dfrnc0Y1 (_ ve.,466 p-kry.A map MUST be provided highlighting the area you would like to vacate with this application. NIS ANNeA\ber`Nee-'n Q..\vec SineACk-Ove.Y q ket. Framed, e\oaplace -lo RV,, c+ OFFICE USE ONLY: €t W a`1") vatk wD`% -WV J ' ko $14\el Board Recommendation: Yes dNo CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS Elizabeth A.Maradik,President Jordan V.Gathers,Member v ate- nu,,.y 7)2.-14', Gary A.Gilot,Member Murray L.Miller,Member 01 dL.\,ila, ./11:1:5 Joseph R.Molnar,Member Attest: Clerk Date: December 14,2021 F;lc d P.17V9 ice S r11111Thl SEP 0 g '2:724n O 677\17471C-.37E. cn' .'`` Z.' r y CI_wAK, SOUTH BEND, IN 1865 OFFICE OF THE CITY CLERK DAWN M.JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 9-9-2022 To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s),petition you to vacate: 1. THE ALLEY DESCRIBED AS: Southeast half, 120 feet, of the alley extending between Good Place and Blyler Place roughly parallel to Riverside Drive in the City of South Bend area commonly known as the Keller Park 1111 ISIS 2. THE STREET DESCRIBED AS: Abutting Property Owner(s)Signatures: Name(print): 6Si atu Address Lot Number Christopher Boadman 1015 Good Place 48 1. David Loughlin 9 2017 Riverside Drive 49 2. 3. INTEGRITY' SERVICES ACCESSIBILITY L."tlmno Roucraej.PINTO GABRIEL N.MUREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DepurviDIRECroR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.92211f 574.235.9173 I www.southbendin.gov 184 L,qr p,&—Filed in. '".c3rk s Office BOULEVAR,a PAP J.t' r b1 SrQ/`o f7-, KENO, /4/.044/v.4SErO9f`- ICJo„ .49.5.0L J DAWN M.JONES CITY CLERK, SOUTH BEND, IN • mi.ESE? ayL. iI. i J do, L 7* .. , f.rn v I -F vv„ e ao e eEpi iVr 8 1 •I PAP Itf ilk 40.. a i P e e yeee Z 1 e e o reg e aC: 46 elt* Ittlitti‘riii,*... -A. i tt ijk:.. lza, e e10_7..A' 41111t0e,,,,,, A4110. . . Aill&„ p 4* 111k°7t,%- 04 ilLAIA. 1r# 1)( 16 "4IV. . s a b 1 e , c414714p gl.-I 1 :1. - Q ij . 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C aaekton me r•...s.,.r ooze el/5,,,,-1,Ke/,y Seere r . Cry op'*he INNoN Timms t Cera nandoc•En.w/i.y d Me ex ee Neen of fAe le?p nN9 plot.yN'?AE7J ,r,, hand fed n,* -n/sea/Y/Tis do At./rb / 1 f' of Y8O my Coar.>./saon oat/no, 7/or/g/933 THELMA G,WP o,4/2 430LY'LY ENTERED FoR TAAAT/ON e4PO, R0yEla P14.-4.7r.rw.,.G 4+•-- 4Moon-/Sae r•Y.4/t067" Marg 1930 l'd/t M E Oarvn3?`arepl c/ /bona a/.,..0 s•.. a 1-'" 44'. p,F r 9 o a..T 5•/a 9iNJ. way COLE,ff e,L exo.wten-so UMWANK Droa, soar,,eawo•ian*'+a 1 r PO3NnTO Kai ER S I.,.. .... Atio...illi C %F.._75'-°-?) . , 1 400" -rf b T 10140AO Sz 7) Si 4 oma 1111; ,r o -- ro I Sig 9 d 400 o0 4440k111 t ot a. crk a gam' QA . Li S. 04‘ 430 4‹::::) 11 14110•.. ,..... s-c-4+ ib O I 40111000,11 iii* 44* 7 4° QL... 156: 4006 1011., : 44(k4ii ‘ 7 1141111111 I t- r-ii: Ak 4- 00. . ° f,. ibioo.. 5 q Illtii:1 d' 511: 11 : 1 :.. f51.- .• 440 41100o. 7'1' 1411111 litlib sa s a" 6 i/_ a 4c 6 SEP pg -` TO: City of South Bend, IN, St.Joseph County FROM: BOARDMAN, LOUGHLIN, LEWIS&LIU DAWN s JONFS DATE: July 9, 2022 CITY CLERK, SOUTH BEND, IN RE: Alley Ceding Please accept this memorandum of understanding and agreement between the homeowners listed below as the owners of homes adjacent to both sides of the southeast half of the alley extending between Blyler Place and Good Place roughly parallel to Riverside Drive in the City of South Bend area commonly known as the Keller Park Neighborhood.The terminus ends of the ceded alley would be at Good Place and ending at the current rear property line of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place. Please note Exhibit A. This proposal is intended to be permanently legally binding for the current and future homeowners of the four properties listed below. The objective and intent are to permanently close the above referenced alley and cede the alley to Christopher Boardman to become part of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place subject to the following conditions. The three alley adjacent property homeowners will have permanent easement right of way to use the alley to access their property as will all utility providers who will also have the right to install and maintain any utility poles, lines, pipes, etcetera in the ceded area as may be required. The alley's gravel-based service will,within two years of the date of this document, be replaced with pavement or concrete. The new pavement or concrete will be level with the current alley driveway on PARCEL NUMBER:71-03-35-180-004.000-026 commonly known as 2021 N. Riverside Drive and the new pavement or concrete will be sloped to drain toward Good Place. All building codes and setback requirements will be adhered to along the new property lines of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place. All cost associated with this matter will be the responsibility of Christopher Boardman. It is understood by all four property owners listed below that it is the intent of Christopher Boardman to build a garage at the rear of his property which may in part set on the referenced ceded alley property. All four parties listed below are in favor of the above outlined proposal for their common good and without any financial exchange. It should be noted that since the City of South Bend has ceased trash and yard waist pickup in the city's alleys and therefore this proposal would have no effect in the city's waste pickup, however would make it much easier for the four involved property owners to move their trash bins to the street for pickup. The city has also stopped maintaining this alley and again the proposed outlined change would greatly improve the appearance of the section of alley involved and the respective property values. The remaining properties adjacent to this alley system will not be impacted by through access to the rear of their properties as the northwest half of the alley extending between Blyler Place and Good Place would remain unchanged and open and intersect with the open alley at the rear of the homes on Good Place and Blyler Place. In fact,there is utility pole blocking any potential traffic from turning from the Blyler Place and Good Place alley to the alley requesting to be ceded. Again, please note Exhibit A as well as the attached photographs. This proposal is not unprecedented in the city nor in the Keller Park area as the alley two blocks north of the alley at issue,from Riverside Drive to Inglewood Place at the rear of the homes on Academy Place and Woodlawn Blvd has been abandoned by the City of South Bend and is impassable by vehicles. Page 1 of 2 19k,rs :tf? r-7 ,9.,f`+S Officei f i SEP U927. CHRISTOPHER BOARDMAN Dk\AN (v'.JONES 1015 GOOD PL CITY CLERK, SOUTH BEND, IN SOUTH BEND, IN 46616-1943 E 16 FT LOT 47&ALL OF LOT 48 Boulevard Park PARCEL NUMBER:71-03-35-180-015.000-026 DAVID M AND VICKIE L LOUGHLIN 2017 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 49 Lot 49 Boulevard Park Add PARCEL NUMBER:71-03-35-180-005.000-026 CALVIN&ELIZABETH LEWIS II1 „"L feXAR 2021 N RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 50 Replat of Boulevard Park Add PARCEL NUMBER:71-03-35-180-004.000-026 JIANBO LIU 1- 2025 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 51 Replat of Boulevard Park Add PARCEL NUMBER:71-03-35-180-003.000-026 Page 2 of 2 5.;',... axing D;s- rctei- , i i I q Z t ' a. c i=-7128413 o t c - >>a 0,, Li c_.) i CL ZY cci7-1 26413/ ` ' .Q W sj o I f.. k r' o L Uf1 •,, 7126413 e-i 712540 c.//'-~, N. c•I F 6 k` 712413ori. Y1 N;26413 rt. D 1\ N QJ V / k\ 726413' , V V r Or/ 91/ I\' 7 ' CL N Ir 2126.4,13 f •LII j /,/ t i 2'6429 0 / t C a) o17 1- 172'-6gs"2 ” oto moi' r 0 7126582} jH s 4., l 126413 t7 12134134niu 7 12641`3 c ns 120 -0 f 7126413 2 N c 7 ek _ ......5 t-•- Mai ws 1 Enable Google Translate davevicki@comcast.net From: davevicki@comcast.net Sent: Thursday,July 14, 2022 2:34 PM To: Laura Hensley'; 'Chris Boardman' Subject: RE:City of South Bend Board of Public Works Attachments: Boardman Alley Cede.docx;Alley Cede Memo Signatures.pdf; Exhibit A Alley.pdf;Alley Varance Cede Photo#1.pdf;Alley Varance Cede Photo#2.pdf Laura and Chris,attached are copies of the original documents that I will be hand delivering to you Laura this afternoon. Given the fullest endorsement of all four property owners for the vacation and ceding of the alley at issue to Christopher Boardman per the attached submitted memorandum and attachments and the continued unchanged traffic pattern in the alley system at the rear of the homes of Riverside Drive from Good Place to Blyler Place as well as the unchanged alley at the rear of the homes between Good Place and Blyler Place there should be no issues that the vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient, nor that the vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. On the behalf of the Keller Park Neighborhood neighbors with homes adjacent to the alley at issue,thank you for all of your efforts in this request and please contact me if I may provide any further assistance on Chris Boardman's behalf in his absence. Thanks, Dave David M. Loughlin 2017 Riverside Drive South Bend, IN 46616 574-234-6927 H 574-220-9536 C davevicki@comcast.net From: Laura Hensley<lhensley@southbendin.gov> Sent: Monday,July 11,2022 8:16 AM To:Chris Boardman<irishcb222@hotmail.com> Cc:davevicki@comcast.net Subject: RE:City of South Bend Board of Public Works Good morning,Chris, We are here Monday-Friday 8:00 a.m.to 4:30 p.m.You can drop it off or email if that is easier. Hope you're having a good Monday! Office From:Chris Boardman<irishcb222@hotmail.com> Sent: Monday,July 11, 2022 7:28 AM SEP c 9 To: Laura Hensley<lhenslev@southbendin.gov> W Cc:davevicki@comcast.net DAWN M—JONES Subject: Re: City of South Bend Board of Public Works CITY CLERK,SOUTH BEND,IN Good morning Laura, We had spoken in person back in April in your office regarding my alley vacation request and with the assistance of my neighbor Dave Loughlin (whom was present with me when we met you) we have collected the additional information per your direction. Since I do not live in South Bend full time, Dave has agreed to assist in delivering the paperwork. Please let us know when would be a good time to stop by with the paperwork and maybe answering a few more questions. I really appreciate all your help and if there is anything you need please do not hesitate to call me at 617-312-2211. Thank you, Chris Fi.'a4 r—n,.l,,i j Cffice From: Laura Hensley<Ihenslev(a southbendin.gov> Sent:Tuesday, December 14, 2021 12:48 PM SEP c g To: lrishcb222@hotmail.com<Irishcb222@hotmail.com> Subject:City of South Bend Board of Public Works P..... .__ L _. C;.. ,1. . SC BE ND, IN Hello, Attached you will find a letter and signed documents pertaining to the December 14, 2021, City of South Bend Board of Public Works Meeting. Please read the letter attached. **There may be extra documents attached to the file,this is for your records only.** Hope you have a wonderful day! s Laura Hensley Administrative Assistant i : Department of Public Works t .., ;i 574)235-5927 Ihenslev@southbendin.gov City of South Bend 227 W.Jefferson Blvd.,Ste.1316 South Bend,IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above.Any dissemination,distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway,waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming e-mails are not routinely screened for response deadlines,and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost,destroyed,arrive late or incomplete,or contain virus.Therefore,the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard-copy version. IMPORTANT NOTICE!This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above.Any dissemination, distribution,copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway,waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming e-mails are not routinely screened for response deadlines,and as such, please notify the sender separately by fax of any message 2 containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost,destroyed,arrive late or incomplete,or contain virus.Therefore,the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard-copy version. SE? C9 DAWN JONES CITY CLERK,SOUTH BEND,IN 3 01------., (-7- 7 p i„ _ if- 1:s----r--7.,----••;•-- M./ .. :7, AI--,....e..., ---) 4,-;,.....i.j.00 „,-....----------jev, i , A., CA' Alf) ck1:34 1.-4, /,', ' 1-••• : ---__ 1), t4. 42.•,... '14,i. 1 - 0.•1 44 , \ 4, , `57 1-rL i • --\-\r i I Ir 1 1 1- v/'4, 4,44,,1419w. -- j 00 7 , 3 v. 1 I 0 le 6\\'. • z• , 111 . k 0 _ t,..., p. 1 • A . 0),,1/41:0:'. ip 1t7-1 c° • 7 ,ir. INT-vv., - i '• .. ..4), c 127j. 0%.,, lj 1 . I II it if Lel 0, 01/: It1 i;• , , ..../,-„_ 00,. • 1/4., I 1,I i C UNI I: 1...%) C\ ct•' I 1-4x ''.if 7 4, 7-1-1,0 k CO I/ \ n\ ; 9 , At ---L.," e 4. ' . 4100 -' - L. 4 • c 1 c diCI3 1 1._ rt? . .4. , ' . I ' ity1C-71 '7;Z,,,- ' I 41:. , 1i 2.-2-T•I ti... V(u'l - , 1-1, % I I : 2 4,. ,.•Koo . L______ J \, t,:,„ :_, ko . co \ 1 I i\ t—L., ,. . 1-4. p!;.) \ 4 00 • 0: .. j , ...-/— 1••••) ii-.1 ‘, N 0\C:, V4 1 C -. -• t kfr#1 CC), , u ,. , 4 , ....; t___1. i. ' - I 71 '''' 1-A V / tl'it KJ CO f' . )/I L7 lc I 1 o: 1.ri e1)•1 '' s NJ A • NJ l.'7: ' CN \, i . /- I. , _ _..... . , \ / •C 00 i,,XI t„ri c tit" A ICJ CT X 44,-, 11 1 14-1 -4=k - \ •'' 1-.. ;:-..,) .. , , • , .( ., c* K .!' ...d" , .,.. , 1.: i -13.- .‘ t.. • r"----- k ,, rC -'.takZ /i. IC). ki4 -.4 lnl . 0-.. ii,....,-\. .,,,\, , ,, r, . 4 . . J. v. vLlT)•si tr., . , ‘ , r r I 1 I ,1/40 • brc).•,_• i c) v., \), 0,1 _ __,.., ,, m ) A )1. oc? cri ti '1 - r ii 7-- i N P`—' t 14. 11- 4''d-- 1--k. / 1//'4%IP : Aft 7 t/ , /-x, driv 1- yieLlt, t h.T u 14 * i , ,,,, .a. AP %,..,..... , - 7,,-' i, w ,_. 1:,,,, 1: 4:. , V .:._...,:..,...7.7 .., .......;:. ... . 4"...-.. . rin M___, - ,'itc,.,1..:• 4f.:7,4! - • I.:•,%.:,.... '--' , :is,,. . . j .,T . . .:.4.. r , : 41 fl I 1 C 4 wl rs X04.,4. It 09/0e1/2022 i 1 Looking northwest from Good Place to alley at issue and Blyler Place in background. 1015 Good Place on left in photo and 2017 Riverside Drive on right in the photo. rte., + , 1, M i 1 1 I \1 I 1YAi M t 1 / t.,:f.), It ktflitilWCi• 7 .-. `I. : •* i1 y' t /, I 1.74 ''' tit n, 1 Z 4.y.`. •y .1 tom' y•- i •„7s.` 1,•.,46..:..; 4. r . ' 3% 2 7,J. i:. 1 Y •,?.- . Ife 09/08/'2022 1„. 4 0, . • s, - .. 1 rd. is rl{. :' Y"''':-'4'.'. 1.114m Looking northwest from the alley at issue with the end of the vacation/ceding to stop at the end of the chain-link fence at the rear of 1015 Good Place on the left in the photo and 2025 Riverside Drive on the right in the photo. Note the utility pole in the alley easement preventing turns in alleyway from or onto the section of alley requested to be vacated. i'l l.' !v., /• `[ „r,J'fiY_ 4v} ,fir•' '' F. i.,,,, Si, . ,.. i ',. , ,i,„ .,,..'!,, - ..' b. ,..... 4.._.. ,. e i e.,,,;., ii. q.....A.,_. ... r IMS J Y. ' it i fir. G s f ri', ' - a. v „;„}".e.,,. Looking southeast in alley at issue toward Good Place with 1015 Good Place on right in photo behind utility pole in alley easemeit. Note right turn traffic pattern to alley behind homes on Good Place and Blyler Place which would remain open if alley at were closed. Iy L 'l' 1. . •..le; y ` , icy ` Y :;A II tip -Ali.4 ` .' " 37' ASi'w' 4 ' ' 4Y 4 I" , 1' 1 ,.4,.'-V.' fb 1 k t L" i 6, Air r ` . Z_ XML 7, i' ` s d it ' } V `i S .- .•--,_: . w f.ma C' C LI CO C'' i J` ji t i rn.+f'/. Yr" . yo qtr F j 1 4.?-, JJaf 1. y I:t ` /"Sr) J.: 1 ,8i,rc Looking south in alley at issue toward 1015 Good Place and utility pole in alley easement preventing tures in alleyway from or pito the section of alley at issue. MARGO B LOVEING JIANBO LIU 2005 RIVERSIDE DR LAND TRUST 1015 Culver PI 2025 Riverside Dr 1151/2 N Main St South Bend IN 46616 South Bend IN 46616 South Bend IN 46601 _ 7022 0410 0001 3219 3117 7022 0410 0001 3219 3049 7022 0410 0001 3219 3025 JANET MORRIS DAVID M AND VICKIE L LOUGHLIN DAVID A VANWANZEELE 1126 Blyler PI 2017 Riverside Dr 116 Mansfield C South Bend IN 46616 South Bend IN 46616 Boca Raton FL 33434 _ 7022 0410 0001 3219 3124 7022 0410 0001 3219 3056 7022 0410 0001 3219 3018 JENNIFER TOMAINO VINCE J BARLETTO CALVIN &ELIZABETH LEWIS 6131 Fairway Ave 1019 Culver Place 2021 N Riverside Dr Dallas TX 75227 South Bend IN 46616 South Bend IN 46616 7022 0410 0001 3219 2592 7022 0410 0001 3219 3063 7022 0410 0001 3219 3001 KIM CARTAINO& RYAN JTWROS AUSTIN &SARAH LOVEING RONALD E ALT 39 Ilex Dr 1023 Culver PI 1114 Blyler Place Newbury Park CA 91320 South Bend IN 46616 South Bend IN 46616 _ 7022 0410 0001 3219 2608 7022 0410 0001 3219 3070 7022 0410 0001 3219 2646 MARK MAKOWSKI DEBRA S SPETH DAVID M GILBERT& MEAGAN E DRONE PO Box 11262 222 E Walter St 2029 Riverside Dr South Bend IN 46634 South Bend IN 46614 South Bend IN 46616 7022 0410 0001 3219 2547 7022 0410 0001 3219 3087 , 7022 0410 0001 3219 2998 RUSSELL R MICINSKI BRYAN E EVER STACIE PRIEBE 1130 Blyler Place 2001 Riverside Dr 2033 Riverside Dr South Bend IN 46616 South Bend IN 46616 South Bend IN 46616 7022 0410 0001 3219 2554 7022 0410 0001 3219 3094 7022 0410 0001 3219 2981 CHRISTOPHER BOARDMAN TROPIC LIFE INVESTMENTS LLC 1015 Good PI 1727 Elsie St South Bend IN 46616 Green Cove Springs FL 32043 7022 0410 0001 3219 2561 7022 0410 0001 3219 3032 r'ffice, SEP 0 9L CITY CL.LHN,SOUTH BEND, IN City of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 u ( 574) 235-7627 flifice December 6,2022 DEC 06 202' Common Council of South Bend I 227 W.Jefferson Blvd,4th Floor DM' M JONES South Bend, IN 46601 CITY CL_Ek ., SOUTH BEND, IN Re: Bill#51-22:The petition of ALBERT AND ELLA WILLIAMS seeking a Special Exception for Vehicle Service,Major in the NC Neighborhood Center for property located at 506 OLIVE ST. Dear Council Members: I hereby Certify that the above referenced petition of ALBERT AND ELLA WILLIAMS was legally advertised on September 23,2022 and that the South Bend Board of Zoning Appeals at its public hearing on December 5,2022 took the following action: Upon a motion by Mark Burrell,being seconded by Caitlin Stevens and unanimously carried,a petition by ALBERT AND ELLA WILLIAMS seeking a Special Exception for Vehicle Service, Major for property located at 506 OLIVE ST,City of South Bend is dismissed due to a lack of a petitioner in attendance. Since the petition was dismissed by the Board of Zoning Appeals,it is no longer considered a valid petition and should be dismissed from the Common Council as well.Any future action will require a new petition and new Ordinance. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Zoning Administrator Attachment CC:ALBERT AND ELLA WILLIAMS Cleveland Brown-Cleve's Transmission Ella Williams 0), City of S o u t h 00///2, ounty-City Building fferson Blvd. 14005 BOARD OF Z,ridevotoci kaiz % S iuth Bend, IN 46601 b, 574)235-7627 Jerk's Office October 4,2022 OCT Q 4 2022 Common Council of South Bend DAWN M.JONES 227 W.Jefferson Blvd,4t'Floor CITY CLERK,SOUTH BEND, IN South Bend, IN 46601 Re: Bill#51-22 The petition of ALBERT AND ELLA WILLIAMS seeking a Special Exception for Vehicle Service,Major in the NC Neighborhood Center for property located at 506 OLIVE ST, Dear Council Members: I hereby Certify that the above referenced petition of ALBERT AND ELLA WILLIAMS was legally advertised on September 23,2022 and that the South Bend Board of Zoning Appeals at its public hearing on October 3,2022 took the following action: Upon a motion by Mark Burrell,being seconded by Caitlin Stevens and unanimously carried,a petition by ALBERT AND ELLA WILLIAMS seeking a Special Exception for Vehicle Service, Major for property located at 506 OLIVE ST,City of South Bend is tabled to December 5,2022. The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, Sze Angela M. Smith Zoning Administrator Attachment CC:ALBERT AND ELLA WILLIAMS Cleveland Brown-Cleve's Transmission Ella Williams Filed in Clerk's Office SEP 0 7 2022 BILL NO. 51-22 ORDINANCE NO. ES CITY CLEPk`, :_t :TN 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 SL-1-1-0-tNO 721-1?? DAWN I~n.JONES CITY CLERK, SOUTH BEND, IN 2 - Staff Report— BZA#0134-22 October 3, 2022 Property Information Location: 506 OLIVE ST Owner: ALBERT AND ELLA WILLIAMS Project Summary Allow for vehicle repair(rebuilding transmissions and light general repair) and maintain the site in the current configuration. Requested Action Special Exception: Major Vehicle Service Variance(s): 1) to allow parking in the established front and corner yards 2) from the 5' minimum parking area screening to none 3) from 1 streetscape tree for every 30' of frontage to none Site Location nor- 1(- f=' 1 W At , V400 f --,,,AL __it ‘ tt o ir — " e ' _A 4 .051 .11- k. BERTRAND $ - . iR 1 ' -- \--I./ I - ' 41+ 4.' A ......1t71 lit 07 ' - Tr 7111 ' Staff Recommendation Based on the information provided prior to the public hearing, Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. The Staff recommends the Board approve Variance#1 to allow parking in the established front and corner yards, subject to no outdoor storage, and deny Variances 2 and 3. SOUTH BEND BOARD OF ZONING APPEALS Page 1 ofd Staff Report—BZA#0134-22 October 3, 2022 Proposed Site Plan 1 ':14. — ----- . ' ., tltIV e'' ' 6 s .... .. . 7 4: 16 7,.'01 8-203.:— 1... 111V Air— --N7--- . : LAc, Li_ " - 111.- -L • , = 1 74'in I rrl I- 1 134, 0: 41 P . rilj'r•-. 7 1-1 1 l11 8-2030-0977 1 lumirmir'- - 7111.71r' FP 1 Ili; 1011 i • .„... 2 _•-fi• ' it no ilL g f I 11 '''' I SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report— BZA#0134-22 October 3, 2022 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Provided the proper landscaping and screening are installed, the proposed use should not be injurious to the public health, safety, comfort, or general welfare of the community. The site development standards in the Ordinance are established to limit potentially negative impacts on the surrounding properties. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; As the property was initially constructed for the proposed use, approval of the Special Exception should not injure or adversely affect the use of the adjacent area, provided the appropriate landscaping and buffering is installed. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; While the Neighborhood Center Zoning District encourages pedestrian orientated development, the use of Major Vehicle Service is an allowed Special Exception in the district for instances such as this where the original intent of the building was for an automotive repair shop. Activation of a currently vacant building to its original use is consistent with the character of the district and surrounding area. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Kennedy Park Neighborhood Plan (2022) makes no specific mention of this use. The proposed use is consistent with City Plan (2006) Objective LU 2: Stimulate the rehabilitation and adaptive reuse of the property in the city. Criteria for Decision Making: Variance(s) State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community Approval of Variances should not be injurious to the public health, safety and general welfare of the community. These variances allow for the building to be used for its original intent. To help mitigate any potential impact on the general community, proper parking area screening and site landscaping should be upheld. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Filed in Clerk's Office 0(;I n q 2022 Staff Report— BZA#0134-22 DAWN M.JONES October 3. 2022 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 The use and value of the area adjacent to the property should not be affected in a substantially adverse manner. The site has existed in this layout since the 1960s. While parking in the established front or corner yard is not preferred, the proper parking area screening and site landscaping should reduce any negative impact on the surrounding properties use and value. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the Zoning Ordinance would require the building to be demolished and relocated in order to allow access and parking in a different configuration. The addition of landscaping, however, could easily be accomplished. 4) The variance granted is the minimum necessary The variance for parking location is the minimum necessary to operate the intended use in a reasonable manner. Though parking is not required, providing some off-street parking would be practical for the business. There is no practical difficulty for the requested landscaping variances. There is more than 5) The variance does not correct a hardship cause by a former or current owner of the property This site has been in this configuration since the 1960s. The Zoning regulations at the time did not prohibit parking in the front yard. Variance#1 is not correcting a hardship caused by the current owner. There are remedies that would allow the petitioner to install the proper landscaping. Analysis & Recommendation Analysis: While the Neighborhood Center Zoning District encourages pedestrian orientated development, the use of Major Vehicle Service is an allowed Special Exception in the district for instances such as this where the original intent of the building was for an automotive repair shop. Approving a variance to allow parking in the established front and corner yard will allow for the reuse of the existing building without forcing a reconfiguration of the site. To mitigate the impact of the parking variance, it is important to enforce the landscaping requirement. The site contains no practical difficulties that would prevent the installation of the appropriate landscaping for the site. Staff Recommendation: Based on the information provided prior to the public hearing, Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Staff recommends the Board approve Variance#1 to allow parking in the established front and corner yards subject to no outdoor storage, and deny Variances 2 and 3. 1/4.4)t IIII I ''.I) BO,‘IRDOF !O\I\G U'PII 8,LS I'au. 4 ,)I4 Filed in Clerk's Office City of South Bend BOARD OF ZONING APPEALS CINCLOAVVN ERK, SOUTHEEND IN 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: 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 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning City of South Bend BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information Tax Key Number: i" 403D-- 0q7I Address: Se''(.' y, &'/.r i.'ic Owner: £ 4 U); i/1.9- S Zoning: Choose the current district Project Summary: ei3 (.;)1.Urn c si c) ( isr iirs)Cf- 0 -en) e'&47\ 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: VA Cit-, r We\Un r1/0 67L-1) $7tj — Ljc16 IpAID AUG 112022 Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filed in Clerk's OfficeFilingFee StN ) 7 ?pi DAWN M.JOiNESCITYCLERK, SOLI. BEND IN E 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, becuse ------ riled in Clerk's Office qtA 0-0- 61 iio 9o'4- 4 f" ' ' SES" 0 7 ?On , DAWN iv- ZKES 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: jJ , z k "/ Z 4 , 0/4 a d4y5 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: y -S t 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: fIUJ 1-eG' i1f144/5 tgo,. 1cPi'ion 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, mor4ls afidEgOnprOlerk's Office welfare of the community, because: 1/SLP () 7 7077 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: GL1 A 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 44Cr' s 4) The variance granted is the minimum necessary, because: en rtl 5)The variance does not correct a hardship caused by a former or current owner of the property, because: t)0 " /'@4.1/n)0 '4 ttpeo42pwvtJQ-f Filed in Clerk's Office SLN 0 I ?O? DAWN Vii. JONES BEND, IN Contact Information Property owner(s) of the petition site: Name: ,--•'37]61 i'Vi , )115 Address: tf\' g j eg-e0A k jQ 1 1)(3 Name: Address: Name: Address: Contact Person: Name: hV U c\-v14 Address: 0(3"Z) Phone Number: ;J - -6O (G E-mail: Q Lt I I f I;(0415'15' i( load. ( Cirkl 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 Filed in Clerk's Office 1 DAWN M. JONES CITY CLERK,SOUTH BEND, IN i I FileC-·, C ec k 's Office C 1,,. 202 ~ DAWN M. JONES CITY CLEAK , SOUTH BENO, IN CITY OF SOUTH BEND COM M U N ITY INVEST M ENT December 1, 2022 Sharon L. McBride, President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in German Township (Cleveland-Shellbark Annexation Area) Dear President McBride: I am attaching for filing the above resolution , which is a companion to Bill No. 63-22. That bill proposes to voluntarily annex contiguous territory in German Township to the City of South Bend . This resolution provides for the Common Council's adoption of th e written plan and policy concerning the pro vision of services , both capital and non-cap ital, to the territory to be annexed . This 2 .8-acre annexation area contains one parcel at the northwest corner of Cleveland Road and Shellbark Avenue , plus adjacent right-of-way . All public improvements, if any , will be required to be done at the expense of the developer. I request that the attached resolution be placed on the agenda of the December 12, 2022, Common Council meeting at which the companion bill is given Second Reading. I wi ll be attending the meeting, as well as the Zoning & Annexation Committee heating, as the presenter. If you have any questions , please feel free to contact me at (574) 235-5843. Thank you. Sincerely, Michael P. Divita Principal Planner EXCE L LENCE ACCOUNTAB I LITY INNOVATION INCLUSION EMPOWERMEN T 1400S Counry-Citv Bui lding 227 W. Jefferson Bvld. Soutl1 Bend. Ind iana 46601 p 574.235.9371 www.sou t hberdin.gov BILL NO. 22-59 RESOLUTION NO. 4994-22 Filed in Clerk's Office OEC Q 1207-2 DAWN M. JONES A RESOLUTION OF THE COMMON COUNCIL ollt~~~~~I:..,:H.:::,BE::::.N.::D:.!.., 1:.:..: N~ SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP CLEVELAND-SHELLBARK ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.8 acres of land containing a commercial building which property is at least 12.5% contiguous to the current City limits, i.e., 50% contiguous, generally located at the northwest comer of Cleveland Road and Shellbark Avenue (21275 Cleveland Road). It is anticipated that the annexation area will be used for a car wash; and WHEREAS, this development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal , and sewage collection, as well as services of a capital improvement nature, including street and toad construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non- capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; ( 4) that services of a non-capital nature will be provided to the annexed area within one (1} year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Portage Township, St. Joseph County, Indiana be annexed to the City of South Bend: Part of the West Half of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Southwest comer of the Southeast Quarter of Section 22, Township 38 North, Range 2 East; thence East 940 feet; thence North 40 feet to the Southwest Comer of Lot 91 in the Proposed Plat of Lilac Acres Subdivision to the Point of Beginning; thence North 318 feet along the West Line of Said Lot 91 to the Northwest Comer of Said Lot 91; thence East 380 feet to the Northwest Comer of Lot 95 in the Proposed Plat of Lilac Acres Subdivision; thence South 318 feet along the West Line of Said Lot 95, also being the East Right-of-Way Line ofShellbark Avenue, to the Southwest Comer of Said Lot 95; thence West 380 feet along the North Right-Of-Way Line of Cleveland Road to the Point of Beginning. Containing 2. 77 acres, more or less . Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as po lice and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns ofland use, or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with costs for extensions, any improvements in sewer or water capacity, and a City-approved drainage system to be paid for by the developer, all in compliance with state and local law; that 2 no additional street lighting will be necessary and any future lighting especially of a decorative nature or with underground wiring will be at the developer/owner's expense; that no new roads or streets will be required with the owner/developer to complete a traffic impact study to determine if any additional improvements are required for the car wash use; and for the developer to relocate the existing Cleveland Road driveway approach to be at least one hundred feet away from the Shell bark Avenue intersection. Section IV. Sidewalks should be provided along public streets , to be in compliance with the Americans with Disabilities Act (ADA) under the PROWAG standards . Section V. It is required as a condition of annexation that any future improvements or alterations to the property meet the City of South Bend's building, zoning and subdi vision requirements . Section VI. Thi s Resolution shall be effective from and of the date of adoption by the Common Council. Attest: Dawn M . Jones , City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council 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 B...__ ............... ______ _ 3 UA, vi' CllY CLER K, .• \. Exhibit "A" 1 DEC 1 "."-2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN THE CITY OF SOUTH BEND FISCAL PLAN CLEVELAND-SH ELLBARK ANNEXATION AREA Prepared by City of South Bend Department of Community Investment October 24, 2022 Cleveland-Shel/bark Annexation Area 2 DEC 1 ~. 2022 1 TABLE OF CONTENTS I . _ DAWN M. JONES CITY CLERK, SOUTH BEND, IN SECTION I. INTRODUCTION .............................................................................. . SECTION II. GENERAL DATA. .............................................................................. 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings & Land Use F. Zoning & Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership & Assessments J. Municipal Legislative District K. Hiring Plan SECTION Ill. MUNICIPAL SERVICES .................................................................... 6 A. Public Works B. Police Department C. Fire Department & EMS D. Neighborhood Serv ices & Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA ....................... 10 SECTION V. FISCAL IMPACT ............................................................................... 11 Fiscal Impact: TABLE 1 SECTION VI. APPROVAL ....................................................................................... 13 Legal Description ...................................................................................................... 1 4 Map: MAP 1 .................................................................................................... 1 5 Cleveland-Shel/bark Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in German Township , St. Joseph County ,. Indiana (hereinafter, Annexation Area "), and was developed through the cooperative efforts of the following City Departments : Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located at the northwest corner of Cleveland Road and Shellbark Avenue (21275 Cleveland Road). See Map 1. B. Legal Description The Annexation Area is part of the West Half of the Southeast Quarter of Section 22, Township 38 North, Range 2 East , in German Township , St. Joseph County, Indiana. For a complete legal description , see Page 14. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiguous Non-Contiguous Total 698 feet 698 feet 1,396 feet D. Size of Annexation Area 50.0% 50 .0 % 100.0 % The Annexation Area is approximately 2.77 acres. Cleveland-Shel/bark Annexation Area 4 E. Buildings & Land Use The Annexation Area contains a funeral home and an accessory bui lding. The main building would be demol ished for a proposed ca r wash . F. Zoning & Subdivisions The one property in the Annexation Area is currently zoned OB Office Buffer District in St. Joseph County. With the annexation petition , the petitioner seeks to rezone the land to C Commercial District in the City. The Annexation Area falls within the Lilac Acres unrecorded subdivision. G. Population No people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area . H. Tax Rate & Impact The tax rates used are those of 2021 payable 2022. The total tax rate for unincorpo rated German Townsh ip is 2 .7285 per $100 of taxable real estate. The total tax rate for So uth Bend German Township is 5.8326 per $100 of taxable real estate. Per State law, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows , regardless of the property's location being within South Bend or un incorporated St. Joseph County: Property Type Cao Homestead Residential 1.0% Non-Homestead Residential 2.0% Agricultural 2.0% Other (Commercial) 3.0% For at least the four years after the effective date of the annexation, the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdiv isions , this annexation is expected , for at least four years after the effective date of this annexation, to have a negligible impact on the finances and tax revenues of South Bend and othe r political subdivisions to which the proposed annexation applies, on the political subdivisions in St. Joseph County not pa rt of this annexation, and on taxpayers not part of this annexation . Cleveland-Shelf bark Annexation Area 5 -------------------------- I. Parcel Ownership & Assessments Parcel Identification Number 004-1050-1271 Total Assessments Land: Improvements: Total (Gross): Total (Net): Address 21275 Cleveland Road 114,700 93,300 208,000 208,000 Parcel Owner J. Patrick McGann Assessed Value Total 208,000 Assessments are based on 2022 payable 2023 St. Joseph County property tax records . J. Municipal Legislative District The Annexation Area will be in the 1st District. K. Hiring Plan This annexation is not anticipated to result in the elimination of jobs for employees of ainy other governmental entities. The German Township Trustee has been notified of this proposed annexation . Cleveland-Shel/bark Annexation Area 6 SECTION Ill. MUNICIPAL SERVICES A. Public Works Sewer -A 21"-diameter sanitary sewer runs along the north side of Cleveland Road, while a 12"-diameter sanitary sewer runs under the southbound lane of Shell bark Avenue. Capacity of the sewer will need to be verified. Development of the site requires City approval of a drainage plan that meets the City's requirement to store on site all runoff from developed areas. Connection to the City storm sewer is not permitted . Water-The South Bend Water Works currently has a 12" water main on the north side of Cleveland Road along the Annexation Area. This water main would provide sufficient capacity for the Annexation Area, but a larger lateral may be required to support a car wash; this additional service would be done at the developer's expense. Extensions of or taps into sanitary sewer and water lines shall be governed by state law and the rules and regulations of the South Bend Water Works and Sewer Utility. The Annexation Area may be subject to system development charges for both water and sewer services. Streets -Annexation would add approximately 318 feet of the Shell bark Avenue right-of-way to the city limits. The developer would be required to upgrade that portion of the street to commercial standards within three years. The developer also must complete a traffic impact study to determine if any additional improvements, such as turn lanes or a traffic signal, are required. The developer shall relocate the existing Cleveland Road driveway approach to be at least one hundred feet away from the Shell bark Avenue intersection. Street Lighting -Should any street lighting be necessary, it can be provided on woo d poles with overhead wiring through an ongoing contract with Indiana Michigan Power. If the developer wishes to construct and dedicate additional street lighting, especially of a decorative nature or with underground wiring, the City may accept it for maintenance and operation, supported by property tax revenue. Waivers of Annexation -No waivers of right to remonstrate against annexation are in effect for this area . 2021 Actual Budget Report for the Department: Expenditures: Miles of Roadway in City: Cost per Mile: New Mileage within Area: Estimated Maintenance Cost for Annexation Area per year: 30,599,584 @502 @$60,955 @0.06 miles (318 feet) @$3,657 Cleveland-Shel/bark Annexation Area 7 B. Police Department The Annexation Area would be added to the existing Beat 22. Police patrols and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time , it is not expected that this annexation would cause calls for service to increase sign ificantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The addition of this Annexation-Area will not significantly increase response time . The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. However, this area , as well as all other areas of the City , will continually be monitored for level of service demands and other cr iteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources , such as a beat restructure. Police services and response time in this area can be expected to be comparable with that found in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note : The cost of service for this Annexation Area is based on the number of parcels . Household information is provided for comparative purposes. 2021 Actual Budget Report for the Department: Expenditures (including pension cost): Number of Households i n City (2021): Cost per Household: Number of Parcels in City (2022): Cost per Parcel: Proposed Number of Households in Area : Proposed Number of Parcels in Area : Cost for Annexation Area per year: 47 ,137,731 @42 ,707 @$1 ,104 @47,500 @$992 0 1 992 (1 parcel x $992 / parcel) Cleveland-Shel/bark Annexation Area 8 C. Fire Department & EMS Fire Response -The South Bend Fire Department provides a fully staffed, full-time fire department. The Annexat ion Area will be serviced primarily by Fire Station #11, located at 3505 N. Bendix Drive , approximately 0 .7 miles away. Additional Fire Department units would respond from Fire Station #7 at 1616 Portage Avenue , wh ich is approximately 2.4 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation . Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area . Fire coverage to this area could begin immediately upon annexation . Adequate water supply will be necessary as any development takes place. Emergency Medical Response -The City will prov ide emergency medical response to t he Annexat ion Area . This area will be serviced by Med ic #11, which is at Fire Station #11, located at 3505 N. Bendix Dr ive (approximately 0 .7 miles away). Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to serv ice the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2021 Actual Budget Report for the Department: Expenditures (includ ing pension cost): Number of Households in City (2021): Cost per Household: Number of Parcels in City (2022 ): Cost per Parcel: Proposed Number of Households in Area: Proposed Number of Parcels in Area: Cost for Annexation Area per year: 39 ,618,600 @42 ,707 @$928 @47 ,500 @$834 0 1 834 (1 parcel x $834 / parcel) Cleveland-Shel/bark Annexation Area 9 D. Neighborhood Services & Enforcement The Annexation Area will be added to Area 5. The Division of Neighborhood Services & Enforcement will be able to provide services to the Annexation Area with comparable respon~e times. The Division will respond to calls for service upon the effective date of the annexation. Full and dedicated response will be in place within one year of the effective date of the annexation. 2021 Actual Budget Report for the Division: Expenditures: Number of Parcels in City (2022): Cost per Parcel: Proposed Number of Parcels in Area: Cost for Annexation Area per year: E. Environmental Services 6,167,959 @47,500 @$130 1 130 (1 parcels x $130 / parcel) Wastewater Treatment -Wastewater treatment services are supported by user fees and are paid through the Water Works billing system. Solid Waste -Larger scale commercial or industrial customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste can provide service to small commercial customers at the prevailing rate at that time for a 96-gallon container with servi:ce beginning on the effective date of the annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Venues Parks & Arts. These services are available upon the effective date of the annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, and the St Joseph County/South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Cleveland-Shel/bark Annexation Area 10 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add one property containing a funeral home to the City of South Bend. The petitioner proposes to use the Annexation Area for an automated car wash facility and associated uses. The Annexation Area is presently zoned OB Office Buffer District in unincorporated St. Joseph County. Single-family houses zoned R Single-Family District in the County are located to the north. To the east is vacant land zoned R Single-Family District in the County. To the south, across Cleveland Road, is the Indiana Toll Road and agricultural land zoned S1 Suburban Neighborhood in the City . To the west is a medical clinic zoned C Commercial District in the City. The Annexation Area is located on Cleveland Road between Portage Avenue and Riverside Drive. The future land use map of City Plan , South Bend's comprehensive plan, designates this parcel for commercial use , and the proposed land use is consistent with the suburban , auto-oriented commercial development in the area . The petitioner proposes demolishing the main building on the site and replacing it with a car wash of nearly 5,000 square feet. The preliminary site plan shows the existing garage will remain , and vacuum stations will be added. The petitioner should carefully consider site access and circulation and should include required buffering to the residential properties to the north and northeast. Any improvements or future changes must meet the City 's applicable building, zoning, and subdivision ord inances. Cleveland-Shel/bark Annexation Area 11 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed . 3) Required improvements made by the petitioner and/or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City, if any, will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of 2021 payable 2022 and 2022 payable 2023 tax information, assessments of comparable developments, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section Ill, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Cleveland-Shelf bark Annexation Area 12 TABLE 1 Summary Table -Estimated Fiscal Impact Expenditures Capital Non-Capital Notes 5 -Year Total ( Est.) Per Year (Est.) Street Construction $0 $0 Connection at Sewer Extension $0 petitioner 's $0 expense · Connection at Water Extension $0 petitioner 's $0 expense Street Lights $0 $0 St reet Ma intenance $0 $3,657 $18,285 Police $0 $992 $4,960 Fire $0 $834 $4,170 Neighborhood $ 0 $130 $650 Services Approximate 5-Year Expenditures $28,065 Revenues Notes Tota l (Est.) 5-Year Total Year 1 $3 ,992 Year2 $11,517 Property Taxes Year3 $11,517 $50,060 ( to City) Year 4 $11,517 Year 5 $11,517 MVH/LRSA Estimated at revenue $ 1,674 $8,370 per mile of $27,893 Approximate 5-Year Revenues $58,430 Revenue estimate based on $208,000 net assessment and capped tax rate of 3 % of 208,000 gross assessment in Year 1 and $600 ,000 net assessment and capped tax ra t e of 3 % of $600,000 gross assessment for all years follow ing. Cleveland-Shelf bark Annexation Area 13 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this ___ day of _____ ~ 2022. Cleveland-Shel/bark Annexation Area 14 LEGAL DESCRIPTION Part of the West Half of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Southwest corner of the Southeast Quarter of Section 22, Township 38 North, Range 2 East; thence East 940 feet; thence North 40 feet to the Southwest Corner of Lot 91 in the Proposed Plat of Lilac Acres Subdivision to the Point of Beginning; thence North 318 feet along the West Line of Said Lot 91 to the Northwest Corner of Said Lot 91; thence East 380 feet to the Northwest Corner of Lot 95 in the Proposed Plat of Lilac Acres Subdivision; thence South 318 feet along the West Line of Said Lot 95, also being the East Right-of-Way Line of Shell bark Avenue , to the Southwest Corner of Said Lot 95; thence West 380 feet along_ the North Right-Of-Way Line of Cleveland Road to the Point of Beginning. Containing 2.77 acres, more or less. Cleveland-Shel/bark Annexation Area 1.5 MAP1 Cleveland-Shellbark Annexation Area u_ . m J - g ... II -~ I--- t ~ ;; ;. i ,--- I--- J6;:(i'': '· i t.{~~It 7- 1,;1ev eian c - 1-80 1-80 1-8 0 0 tO NORT H D City of South Bend c:J Cle veland-Shellbark Annexatio n Area 0 250 500 Feet Prepared by Crty of South Bend Department o f Community Investment September 26 2022 I 7 DEC 1.,... 2022 DAWN M . JONES CITY CLERK . SOUTH BEND, IN BILL NO. 63-22 OG( i ORDINANCE NO. r•• , LIN] AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 19 FOR 21275 CLEVELAND ROAD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to annex and rezone 21275 Cleveland Rd from OB: Office/Buffer District in Unincorporated St. Joseph County to C Commercial District in South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the following described real estate is situated in St. Joseph County, Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Part of the West Half of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Southwest corner of the Southeast Quarter of Section 22, Township 38 North, Range 2 East; thence East 940 feet; thence North 40 feet to the Southwest Corner of Lot 91 in the Proposed Plat of Lilac Acres Subdivision to the Point of Beginning; thence North 318 feet along the West Line of Said Lot 91 to the Northwest Corner of Said Lot 91; thence East 380 feet to the Northwest Corner of Lot 95 in the Proposed Plat of Lilac Acres Subdivision; thence South 318 feet along the West Line of Said Lot 95, also being the East Right -of -Way Line of Shellbark Avenue, to the Southwest Corner of Said Lot 95; thence West 380 feet along the North Right -Of -Way Line of Cleveland Road to the Point of Beginning. Containing 2.77 acres, more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above-described parcel as part of the City of South bend, Indiana. SECTION III. Ordinance No. 10689-19, as amended, 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 above described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as C Commercial District. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. 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. in. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at _ o'clock James Mueller, Mayor City of South Bend, Indiana 2- Filed in Clerk's Office OCT ® 2022 b AwN nn. T)NES CITYCLEFIK, SOUTH BEND, IN October 5, 2022 City of South Bend PLAN COMMISSION Honorable Committee Chair Hamann 4th Floor, County -City Building South Bend, IN 46601 RE: 21275 Cleveland Rd PC#116-22 Dear Committee Chair Hamann: County -City Building 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office OCT a 5 20?,Z CITY O ERy Url-1 SEND, 1N Enclosed is an Ordinance for the proposed Annexation and Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your October 10, 2022, Council meeting and set it for second reading on December 12th, 2022 and third reading on January 911, 2023 Council meetings. The petition is tentatively scheduled for public hearing at the November 21, 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: To annex into the City of South Bend and rezone to C Commercial for an express car wash. If you have any questions, please feel free to contact our office. Sincerely, VX,A/ _ Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President City of South Bend PLAN COMMISSION Property Information Tax Key Numbep5-13-428-019-002, 05-13-428-020-002, 05-13-428-21-002, 05-13-428-022 Address:P1275 Cleveland Road Owner: P. Patrick McGann Legal Description.- Part escription: Part of the West Half of the Southeast Quarter of Section 22, Township 38 North, Range 2 East described as follows: Beginning at a point 940 feet East of the Southwest corner of the Southeast Quarter of Section 22, Township 38 North, Range 2 East; thence North 358 feet; thence East 320 feet; thence South 358 feet; thence West 320 feet to the place of beginning, the same being Lots Numbered Ninety-one (91), Ninety-two (92), Ninety- three (93), and Ninety-four (94) in the Proposed Plat of Lilac Acres Subdivision Project Summary To establish an express auto spa with vacuums utilizing a conveyor belt system, state-of-the-art equipment with muffled vacuum operation and stealth dryer system with a vast reduction in decibel sounds. THIS REQUEST INCLUDES ANNEXATION INTO THE CITY OF SOUTH BEND. Requested Action Application includes (check all that apply) Rezoning Current District: Choose the current district 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: Variance of location of Refuse housed in brick encasement with vacuum system Required Documents Completed Application (including Contact Information) Site Plan drawn to scale 0 Filing Fee Additional documents as noted above Property owner(s) of the petition site: Name: J Patrick McGann Address: 1275 Cleveland Road Name: Gar Wash Pro Designers Address: 0400 N. Northwest Highway Suite 4 anicago, niinois bub3i Name. Address - Contact Person: Name: Alan M Jacob, General Counsel Car Wash Pro Designers Address: P400 N. Northwest Highway, Suite 4 nicago, ininois bubJI x(847)852-0021 Phone N hQr- . alan.t @carwasnprodesigners.com E-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: LEGAL DESCRIPTION FOR ANNEXATION 21275 CLEVELAND Part of the West Half of the Southeast Quarter of Section 22, Township 38 North, Range 2 East described as follows: Beginning at a point 940 feet East of the Southwest corner of the Southeast Quarter of Section 22, Township 38 North, Range 2 East; thence North 358 feet; thence East 320 feet; thence South 358 feet; thence West 320 feet to the place of beginning, the same being Lots Numbered Ninety-one (91), Ninety-two (92), Ninety-three (93), and Ninety-four (94) in the Proposed Plat of Lilac Acres Subdivision. THIS SHALL INCLUDE THE ENTIRE SHELLBARK RIGHT-OF-WAY ADJACENT TO THE PROPERTY. The total property area size of the annexation is 2.33 acres. 0# 960 f WM' aiu[ kwwnwt '[ w mre.+ iwwea I " LOT INFORMATION MUNICIPALITY SI. JOSEPH COUNTY 1 ZONING SINGLE FAMILY G$! # 964 I— r— a r •— T- [ fes AUlk- PARKINGSFT6AOX i STORY BRICKIITINI GARAGE.- I RvswA i\` 607 S.F HT. 1.3 • II ^' Iwwooclw. s.. wr cax*+.* c ror cwsr RemoaA allo i -': f m', - - ': 1 1 tweCWWfmInoT J f' - z _ Op M961 k962 OQ , RESOENCE f , ICs • ` o m h \ L' N95S ^ Ail EED 6U CAR WAPROPOSEDSH': L •. P . BUILDING ki iii cwujq MVI a '+ - __ + a DO ckttt SO Qmj f OF _ Y A Al 3% 07' H - — - _ 7 4 w. • z-. .. a"r"r .- s •. CLEVELAND ROAD -- a r- a oasnxe uumLtmc kcuw. _ rEO-` WIor aNGRL' SeHP1S9lIG] TROTAP` ASFOEAIMPRnVFMFNTS CnZ o3 ACF PRJGIA ( YEA. = I VAC 521r PERVIOUS AREA = 126 AC 46H) IRITICN- BNLOING AREA = e9S3 Sa' T. HEIGHT ONE STORY 3PUe) awoFasniullMSRYADANAWUM STALLS 2 VACUUM STALLS 8 TAL STALLS 1 111111 PVYll FPARxlur, ellm MARY RE BYISE3RVICEUSE 4400 SF OR MORE OF I GROSS FLOOR AREA PROVIDE 70- 1 SLUE ,-- v 1AYf16HW H' Flf• Ygl wm, Dei: r+ ar fad kar © LOCATION MAP t xmom — Aft cE a. raeLuo rve ILEO YG. Aaf ' a•t>• r wpn.. l CITY OF SOUTH BEND ar w ZONING MAP LJ . nay I DRADDRESS 21275 CLEVELAND ROAD SOUTH SEND IN 46628 ST JOSEPH COUNTY Parcel ID DATA ( EXISTING) o04- 1050. 1271 Sldla lDAssessed Use t-0J- SE45w45 DOEH Commercial Fu Home L,.,, nP naval GPS Mun¢ ipal y iN " Ha. O:In I pa[ Own 16IiAMEC{/ u_ IkP 2m" A— PROPOSEDCITY OF SOUTH BEND UM 1MdfAnr Mr[ Wewdwr-•. aryea twdLrL• FLOOD ZONE X( AREA OF MINIMAL FLOOD HAZARD FIRM PANEL 18141CQ182D EFF 1- 011 SURVEYED BY VMYiams d Works G, OVava AveAl 14 Gia nd Rapitls, MI49E03 616. 224. 1500 ph— C_ 7--5- 2s-z/Ivnikams- vwiks wm lab 2ozz LEGEND 1ASSING STALLS IN roalec. A sn. Wme.> r. ma UPR0106EDPERVIOUSPFCA rr. a was' 1-i I 1 I I 1 I SITE IMPROVEMENTS FOR CAR WASH FACILITY EVE— D ROAD 21215 . Lm,.., SITE EXHIBIT OJ u7e vaonuAnoN N69' 56' 12 114r• 963 ICMO NINt161CItYC= ._ _ --. I ly I STORY ERIC" s ryK1 V 1% GARAGE I II 607 S.F. HT 13. 5t r- 6 1fSwtr 1 I o, 1959 1951 1962 1! 111 wi 1958 •'• J vi ss..• I 13 2quaYY. 10 X l pILT< 1tii1R 1. F4>' JN I • II tTol luo tRa' a - ? CiIF , r' n ! : l2" 1`! FNMJS y I I T LlJ-- 44 ED — e of CLEVELAND. ROAD-- a v.:, p .» sro> i,. rtvcrw. - !! i0' WN23[ CON15RETEd[ Pil 9L1CS - - . 7 C:/%,; RW/ 15H rl . +' I p. SESSALECF IIC 14. 00 3- 00 11, 00 PASSENGER CAR ( TYPICAL) feet Width 7. 00 Track 6. 00 Lack to Lack Time 6.0 11T TIE srcoA rnE 9na snowNls nv[ ancc sso ua 31- 5 I ' I I 1 I I I l SITE IMPROVEMENTS CAR WASHFACILITY 2 12T5 CLEVEI- AND ROAD 71 BEND IN4- 8 CAR QUEUE LINE EXHIBIT 2 OF4 21- Lu I m I. g aMM wo I J W I 2 7 C:/%,; RW/ 15H rl . +' I p. SESSALECF IIC 14. 00 3- 00 11, 00 PASSENGER CAR ( TYPICAL) feet Width 7. 00 Track 6. 00 Lack to Lack Time 6.0 11T TIE srcoA rnE 9na snowNls nv[ ancc sso ua 31- 5 I ' I I 1 I I I l SITE IMPROVEMENTS CAR WASHFACILITY 2 12T5 CLEVEI- AND ROAD 71 BEND IN4- 8 CAR QUEUE LINE EXHIBIT 2 OF4 LOT INFORMATION MUNICIPALITY St. JOSEPH COUNTY I ZONING SINGLE FAMILY ril; „ •, 960 f 0# 959 0 # 961 019fi2 4 95% # 959 owMnrtr me 1 STORY GARAGE 607 S,F, HT; 13. 5'± sIIOE1 xCK a I EDGES T- ; 1- r pis: I 1t i tp. n r•.s,,.._. J CAR WASH 911 GP INC FI , t I ti1t: V m 7 j s Qa Y I r I i _ _`___ rf t4 1 • to Qz f Jo I1J 3 o o' Cv: WwOwo. w wa AHYrr ` V o V~ of CLEVELAND_ ROAD_ IIa- Qruty •. malrr+ ovrrwuf [ 64' WIDEStt^ DH6RES[ SlP99LiC1 - •— —• - -. • SCALE 1- 20' C/ WASH aawTFo ou u• xn' waL > 1v1,.,>-- 1fi 00 1 r= 1100 PASSENGER CAR ( TYPICAL) feet Width 7. 00 Track fi 00 Lock to Lock Time 6-0 Steering Angle 31. 5 TIE SIEE 01THE CAI 510M 15 AVENAGE IAFGEI SIE£G LAA LEGEND ax• awc v111t1a I I I I I I I I I I 1 F I l I I SITE IMPROVEMENTS CAR WASHFACILITY SOUTH BENS IN 16529 n. nn• • a CAR TURNING EXHIBIT 3 OFG T INFORMATION MUNICIPAL— SI JOSEPH GOUNTY I m o. ea 89oGLE Fa v;' Rry__—_- N89° 56' 12'' E T. SLS` _ '`' N9fi3 p964 — •--•+— —' — _, — to 1 STORYBRIC X9571 I II GARAGE 607 S -F f / f HT- 13. 5'± Ileeiy' J 960 • r I. r I ` 1 JM95900 962 M9fit iSAll. I Ar b. A I N r I LWF I - 5 Uz I 1 11 J Q .• -- ... ' "' CAR W" MOBIIILLOIRG 7 w ! . ao fill II¢ E - T E- 1w• LCukik} I.. { • r 1 m ^ ! IiT f I - IBJ 4- 4. ACV m i— ' 4 / i iii sr>..•- a.- — 1, a-— - . 587 5Q1N 39 h' `i _ Fr-- w CALF I' -2W 1_ I x wrT a: llx• rwu r. Oi,. Z W.' TeF1 1e9 oarve N' .„«..« H o oQ \ Reslo[ Nce Iire a 2 I SITE IMPROVEMENTS 7' d.- MQML+.I JoLu N wi CLEVELAND ROAD_- r.+a. rrla..+ l oilpnRrorr - LAA WlDE1f CNLRETE• 1f piSBiR" 5 '_ - ..-_ - - 39. 92 FDR Y CAR WASH r - FACILITY f To eoo SL>'] 0. thiuVAlglp wf, vn. ruw I SMEAL AERIAL RM 106FT feet Wh 6. 33 k 7. 92 Lack to Lockl Steenng Angll - 45. e 45. 9 NOTE . aICAKl. 0 lKl. K r I"., TO) AND RUCK U ACTIREAs y... n FIRE TRUCK LEGEND TURNING EXHIBIT raen' rev- n. OFl PROPOSAL FOR NEW AUTOMATED CARWASH FACILITY LOCATED AT: 21275 Cleveland Rd South Bend IN COLOR RENDERINGS & SIGN SUBMITTAL r UJ0- AA d. _1r Mu ARCHITEAoCTFS SNS[ nc:qi. SuS. rr [ w uewor r-. wi. 0 131313U ARCH! TECT5 2237 1 VIEW LOOKING SOUTHEAST 07/ 01/ 22 Z'4 SCALE: 12"= 1' a' Z- 4 VILL, tat cl 72F 13800 ARCHITECTS SIGN # 2 - " CHANNEL LETTERS" LOCATED ON BOTH SIDES OF BUILDING 38'- 33/ 4" 3 BUILDING SIGN SCALE. 3/6" = V -T ALL FINISH MATERIALS / COLORS TO MATCH BUILDING 16 - 8 ALL FINISH MATERIALS / e1 a • 4 are T COLORS TO MATCH BUILDING Jr 4" LIMESTONE CAP _ f 4" LIMESTONE CAP TYPICAL) ( TYPICAL) r 4" FACE BRICK Sioux C8y- Cherry Creek Williamsburg) 4" LIMESTONE SILL TYPICAL) r 1 zm : v F N J 4" FACE BRICK iouxCdy- CherryCr Creek Williamsburg) 4" LIMESTONE SILL TYPICAL) 2" 2 - Fond Du Lac Rushy _ m SIT 4- STONE BLOC — 1r YYIs 2237 MONUMENT SIGN East Face 0 SCALE. Nff' = V -T 07/ 01/ 22 Z- 9 1 . a5!' OZ5 MONUMENT SIGN Side Elevation SCALE ala" = 1'-C" f. 8'- 9318" N UCOa 4 BUILDING SIGN (OverTunnelDoors) Z-9 SCALE3/ B' = 1'-0" Z riff T Tice City of South Bend Nov a92Qz2 C y DAWN M.J NE BOARD OF ZONING APPEALS CITY CLERK,SOUTH BEND,IN November 9, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1405 Portage Ave 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 November 14th, 2022, Council meeting and set it for public hearing at your December 12th, 2022, Council meeting. The petition is tentatively scheduled for public hearing at the December 5, 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: Request a Special Exception to allow for the property to operate a tobacco/hookah/vape 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 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's C'iiCe BILL NO. 69-22 NOV 0 9 2022 ORDINANCE NO.DAWN M.JONES CITY CLERK,SOUTH FIEND, 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 1405 PORTAGE AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the property to operate a tobacco/hookah/vape 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: 1405 Portage Ave. 018-2182-6831 In order to permit Tobacco/Hookah/Vaping 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 File` ;r C'ork's Office Nov 09 nu DNA NM.JONE CITY CLERK, SOUTH BEND,IN 2 - City of South Bend 227 W. Jefferson - Suite 1400S BOARD OF ZONING APPEALS South Bend, IN 46601 zoning@southbendin. ov RECEIVED NOV 0 46601zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-03-35-360-020.000-026 Address: 1 405 Portage Avenue, South Bend ,INDIANA 46616 Owner: Peak Investment and asset Management, LLC Zoning: NC Neighborhood Center Project Summary: To open a Tobacco /hookahNaping shop , at the existing 1 story building 1675.5 sq ft (Surveyenclosed) Requested Action J Special Exception/ Use Variance – complete and attach Criteria for Decision Making Use requested:21-06.01(k)(20) I Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested t.) To a.11cw rar eckr4-t inn -4\A. e5 b\AsLA Vort yacc Z.)tAle (4010 v\siek ree r-c 4-1t!a note. f"i!c ra i , ;T.k s Office NOV 0 9 20;1 DAWN M.JONES CITY CLERK. SOUTH BEND,IN Required Documents Q Completed Application (including Criteria for Decision Making and Contact InformationF-421 Site Plan drawn to scale I D Filing Fee 400 NOIJ 'r' -'1111 Per-6474o 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: Vaping products are battery operated devices that heat an e-liquid or e-juice,The heated e-liquids are available in different flavours mixed in a glycerol and propylene glycol solution that contain varying levels of nicotine. Vaping is less harmful than smoking. People trying to quit smoking using e-cigarettes have a higher quit rate than normal nicotine replacement therapy. Hookahs are waterpipes that are used to smoke specially made tobacco mixtures through a water-filled chamber. A user then inhales the smoke through a tube and mouthpiece. Hookah users often perceive it to be less harmful than smokina cigarettes. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: We recently acquired this property from Speedway, LLC a known corporation . The facility has been closed for many years . In fact, new business will help in enhancing the property value of nearby properties. Besides this it will generate more revenue for the state and county and will create 2 to 3 jobs for local community. Legislatures of the State of Indiana approve this kind of business with proper licensing. 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 proposed use will do more good than harm.The proposed use will help the community to quit smoking and create a better health environmentt 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: NC neighborhood center provides provision of special exception for use of Tobacco/Hookah and vaping shops.This clearly indicates that proposed use is compatible with recommendations of the Comprehensive plan . . 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: Contact Information Property owner(s) of the petition site: Name: Praveen K Gulati - Peak Investment and Asset Management, LLC Address: 5199 Gardenia Court West Lafayette, Indiana 47906 Name: Ellora Gulati- Peak Investment and Asset Management, LLC Address: 5199 Gardenia Court West Lafayette, Indiana 47906 Name: Address: Contact Person: Name: Praveen K Gulati Address: 5199 Gardenia Court West Lafayette, Indiana 47906 Phone Number: 765-412-0756 praveeng217@gmail.com E-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: I( g_AN V €51 L L_O tt4 U L L A / I NI'0N38 HIOOS` HTInAlio06. S3No'W NMVOn,4 Maw .1, 1 . 0171.0....0 DIV 4 $3Q ONY 9NIAiNJns 1,...1...,.,... NVaaor-Ado-mop"' ww'T/1 061107...,..e WI' Z?OZ 6 0 /ION le 82D0>NI.P009 ssuppWIGSAufocl vcn y e yad L06l MoepY.r, H mom yFevnseau.Peel SdSN/V17V 1071 ZS weer! alma fa n' n.vuuuw s memeaww..rrrrw wee SMB9 A YJw>aw am10400 0s aarwo,.o wAAr1as ws OOki 4iT.oannaoar..aaR..vffI LL Y P lin Wen roll. 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P.v..P.>Pr r 0 P7 m.r T....Po ....1r>.r•r n Y li m6 hr.*M e.r......... • Piw,: Cit o f South Bend County-City Building Y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 December 6,2022 DEC 0 6 2022 ' Common Council of South Bend DAWN M.JONES CITY CLERK,SOUTH BEND,IN 227 W.Jefferson Blvd,4th Floor South Bend,IN 46601 Re: Bill#69-22: The petition of PEAK INVESTMENT&ASSET MANAGEMENT LLC seeking a Special Exception for Tobacco/Hookah/Vaping in the NC Neighborhood Center for property located at 1405 PORTAGE AVE. Dear Council Members: I hereby Certify that the above referenced petition of PEAK INVESTMENT&ASSET MANAGEMENT LLC was legally advertised on November 25,2022 and that the South Bend Board of Zoning Appeals at its public hearing on December 5,2022 took the following action: Upon a motion by Kyle Copelin,being seconded by Mark Burrell and unanimously carried,a petition by PEAK INVESTMENT&ASSET MANAGEMENT LLC seeking a Special Exception for Tobacco/HookahNaping for property located at 1405 PORTAGE AVE,City of South Bend,is sent to the Common Council with a favorable recommendation,and will issue written Findings of Fact. The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting.Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, 4- M. C`77', LI- Angela M. Smith Zoning Administrator Attachment CC: PEAK INVESTMENT&ASSET MANAGEMENT LLC Staff Report— BZA#0145-22 December 5, 2022 Property Information Location: 1405 PORTAGE AVE Owner: PEAK INVESTMENT &ASSET MANAGEMENT LLC Project Summary To open a tobacco/hookah/vaping shop at the existing 1 story building Requested Action Special Exception: Tobacco/Hookah/Vaping Variance(s): 1) To allow for parking in the establish front yard 2) From the 60% minimum transparency to none Site Location 1.e t ii II. Is 1 t t\: N N O N kr o N w o O c i a.cG itn 1 11aQ1 iiiisifi 4,..1_----.3# sy 1 i Y 1I il t' lilt*a tn Clr ' 'lI 7t4 Q i it I tt I s111l'O. i it i 1 - \ \Ct. " ---al t 71i A r Il is II tr C q 0 CI tdn4 i Yta. Hi.0 .•*ss S I C 4t a R it.'3 n 74:40" 4:4•71 rs,n X0.6'S Q N 4- a 1. CI jm CC Staff Report—BZA#0145-22 December 5, 2022 Criteria for Decision Making: Special Exception A Special Use may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Provided the site is brought up to the current development standards of the Ordinance, the proposed use should not be injurious to the public health, safety, or general welfare of the community. This portion of Portage Ave. has a mix of commercial and residential uses. With the commercial uses lining the corridor. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values. With proper buffering and design, the proposed development should not have significant impact on surrounding residential property values. The developme 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed use will be consistent with the character of the district. The corridor has a mix of commercial uses and this use will be consistent in the development standards of the district. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition, with City Plan, South Bend Comprehensive Plan (2006). Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Criteria for Decision Making: Variance(s) State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community Since this is located in a commercial node, approval of the parking variances should not be injurious to the public health, safety, or general welfare of the community. The variance for reduction of transparency can have a negative impact on the safety of the community as it does not allow for visibility into the store and reduces visibility of the street. 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 Approving the variance for minimum transparency could negative affect property values. Buildings without windows often look abandoned an can contribute to the perception of SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report—BZA#0145-22 December 5, 2022 blight in the area. With proper buffering, the variance for parking in the front yard should not adversely affect surrounding properties. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the Zoning Ordinance would require the building to be demolished and relocated in order to allow access and parking in a different configuration. The window cavities appear to still be in place, which should eliminate any practical difficulty from reestablishing the proper transparency on the building. 4) The variance granted is the minimum necessary Provided the parking area is configured to meet current design standards and any excess pavement is removed, the variance should be the minimum necessary to allow for operation of the site. The variance requested for the transparency is not the minimum necessary since the windows can easily be reinstalled. 5) The variance does not correct a hardship cause by a former or current owner of the property The building was developed prior to standards that promoted street activation and pedestrian scaled design. The hardship for the building location was not created by the owner. The building, however, was designed with a large amount of windows that would meet or exceed the current Ordinance. They have been covered over time by previous owners and could easily be restored to meet the intent of the district. Analysis & Recommendation Analysis: With proper buffering and design, the proposed development should not have significant impact on surrounding residential property values. The development standards of the NC Neighborhood Center district should be applied to the property to help mitigate any impact on the surrounding neighborhood. This property is located at a commercial node along Portage Avenue. Staff Recommendation: Based on the information provided prior to the public hearing, the Staff recommends the Board send the petition to the Common Council with a favorable recommendation. The Staff recommends the Board approve variance#1 for parking in the established front yard, subject to meeting current development standards for off street parking and removing any excess pavement. The Staff recommends the Board deny variance#2. F i! ffice DEC o 6 ZOZZ DA\;\, M.JONES CITY CLERK,SOUTH BEND,IN SOUTH BEND BOARD OF ZONING APPEALS Page 4 of4 City of South Bend BOARD OF ZONING APPEALS f- , •• ,.-rk's Office December 6, 2022 Common Council of South Bend DEC 0 7 202? 227 W.Jefferson Blvd,4th Floor I South Bend, IN 46601 DAWN M.JONES CITY CLERK, SOUTH BEND,IN Re: Bill#70-22: The petition of DAPHNE PATEL seeking a Special Exception for Group Residence in the U1 Urban Neighborhood 1 District for property located at 3409 S St. Joseph St. Dear Council Members: I hereby Certify that the above referenced petition of DAPHNE PATEL was not legally advertised due to the determination of Staff and Legal Counsel that the petition was not necessary.The petition was withdrawn. The following bill should be dismissed or withdrawn by the Common Council at the December 12`h Common Council meeting. If you have any questions,please feel free to contact our office. Sincerely, 71/ AngeM. Smith Zoning Administrator Filed in I rk'S Cffice NOV 0 9 2022 City of South Bend DAWN M. JONES BOARD OF ZONING APPEALS CITY CLERK,SOUTH BEND, IN November 9, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 3409 S Saint Joseph 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 November 14th, 2022, Council meeting and set it for public hearing at your December 12th, 2022, Council meeting.The petition is tentatively scheduled for public hearing at the December 5, 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: Request a Special Exception to allow for the property to operate a residential care facility. 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 1227 W.Jefferson I South Bend, IN 46601 574-235-7627 1 www.southbendin.gov/zoning Fi1Pd ;n !''ark's Office NOV U 9 20a BILL NO. 70-22 DAWN M.JONES 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 3409 S ST.JOSEPH ST. COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the property to operate a residential care facility. 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: 3409 S St. Joseph St. 018-7199-7286 In order to permit Residential Care Facility 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 File ir, ! -k's Cffice NOV 0 9 2022 DAWN M.JONES CITY CLERK.SOUTH BEND,IN 2 - City of South Bend 227 W. Jefferson - Suite 14005 601 BOARD OF ZONING APPEALS South Bend, IN e4ndinzoning@southbendin.gov I EP 1 6 2022 Petition for Variance - Special Exception Property Information Tax Key Number: 018 7199-7286 Address: 3409 S SAINT JOSEPH ST, SOUTH BEND IN 46614 Owner: DAPHINE PATEL Zoning: U1 Urban Neighborhood 1 Project Summary: To convert a Three(3) unit dwelling house into Residential Care Facility Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested. Residential Care Facility Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Q Completed Application (including Cri ct- ontact Information) j S: IzedratePwn to scale i`or-1 r ' 1 NOV 0 9 2022 SEP 1 6 2022 DAWN M.JONESBEND,IN Per CITY CLERK, SOUTH 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 of the property will continue to adhere to sanitary and waste management practices, continue observing the community's moral standards, maintain the property in acceptable and recommended living standards for occupants, and provide appropriate and recommended parking features to enhance convenience of other road users. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed use is in conformity to permitted uses of zoning district U1 Special Exceptions for residential care facility. On the valuation aspect, the property will be maintained to reduce all forms of depreciation. Additionally, the highest and best use will not change thereby minimising adverse effects on adjuscent property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: It is permitted under principal uses 21-06.01(j)(8) of Residential Care Facility as defined under Section 21-06.01(j)(8). 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: It maintains community moral living and aims to provide supported living services to elderly and aging population. Criteria for Decision Making Variance(s) - if applicable f-)1 Or 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: Contact Information Property owner(s) of the petition site: Name IDAPHINE PATEL Address:0409. S SAINT JOSEPH STREET SOUTH SEND IN 46614 e Name: Address: Name: Address: Contact Person: Name: PETER JUMBE Address: 3409 S SAINT JOSEPH ST 4 317 701 8312 Phone N imher ejusoncare(g?gmail.com E-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: 3/. /11•1/ 29- IFile .-• n --k'Fs r`ffice . NOV 0 9 2022 ISITEPLANFOR3409SST.JOSEPH STREET, SOUTHBEND, IN DAWN M.JONES CITY CLERK, SOUTH BEND,IN Jennings St 4 0A. Ark o s,R I to 7 1"`0.4 y a Y+ E Cear."St aE DeamSttE De ar St V 7 34 r ll* 3409 S St Joseph St. South BercNN=66:4 1 t a da l N 4 fes ..9.K# .:At-_4 _ In Bend kt r i. s: t:.Y r.:' 7 4SIcerS'. K,nger q Ki r.ae•St r N II t, Google 2 December 6, 2022 City of South Bend PLAN COMMISSION Honorable Committee Chair Hamann 4t h Floor, County-City Build ing South Bend, IN 46601 RE : 1144 Corby'B lvd . -PC#0130 -23 Dear Comm ittee Chair Hamann : Co u nty-City Bui ld ing 227 W. Jefferso n Blvd . 1400S Sou th Bend, I N 4660 1 574) 235 -7627 www.so ut hb end in.g ov/zo ning Filed in Clerk's Off Ce 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 read ing at you r December 12 th, 2022, Council meeting, and set it for public hearing at your January 23 rd • 2023 , Council meeting . The petition is tentatively scheduled for publ ic hearing at the January 17th, 2023, South Bend Plan Commission meeting. The recommendat ion of the South Bend Plan Commiss ion will be forwarded to the Office of the City Clerk by noon on the day following the public hea ri ng . The petitioner provided the following to describe the proposed project: The proposed project includes construction of approximately 103 apartment units housed in two buildings located on the southeast corner of SR23 and Corby Street in South Bend Th is rez oning is for one more additional lot purchased by the de veloper that will allo w ex tra green space and parking. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palme r Tim Corcoran Planning Direc tor Angela Smith Zoning Adminis trato r Scott Ford Co mmissio n President BILL NO. 78-22 ORDINANCE NO. Fi led in Clerk 's Office DEC o·s 2022 DAWN M. JONES CITY CLERK , SO UTH BE ND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1144 CORBY BLVD. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from NC Neighborhood Center District to Ul Urban Neighborhood 1 to allow for expansion of the development site. 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 oflndiana: Lot 319 Park Place 3rd Addition be and the same is hereby established as NC Neighborhood Center SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(£)(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 appro val by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Attest: Dawn M. Jones , City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council 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 ________ ~ 2023 , at __ _ o'clock . m. Dawn M . Jones , City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ _, 2023 , at o 'clock m. James Mueller, Mayor City of South Bend, Indiana Fi led in Clerk 's Office DAWN M. JO NES CITY CLERK, SO UTH BEN D, IN City of South Bend PLAN COM MISSION Petition for Rezoning or Combined Public Hea'ring Property Information Tax Key Number018-5087-3095 Filed in Cle rk s Office I I • I Address : 1144 E. Corby Blvd . Owner: Five Corners LLC Legal Description: Lot 319 of Park Place , 3rd Addition Project Summary The proposed project includes construction of approximately 103 apartment units housed in two buildings located on the southeast corner of SR23 and Corby Street in South Bend . This rezoning is for one more additional lot purchased by the developer that will allow extra green space and parking. Requested Action Application includes (check all that apply) Z] Rezoning Current District: U1 Urban Neighborhood 1 Proposed District NC Neighborhood Center Additional Districts , if applicable 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. D Subdivision -complete and attach subdivision application D 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 Z] Completed Application (including Contact Information) Z] Site Plan drawn to scale Z] Filing Fee D Additional documents as noted above Criteria for Decision Making 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: Contact information Property owner(s) of the petition site: Name : Five Corners , LLC Address: 814 Marietta Street South Bend , IN 46601 Name: Address : --------------------------- Name : Address : __________________________ _ Contact Person: Name : Robert Nichols , Abonmarche Consultants Address : 315 W . Jefferson Blvd. South Bend , IN 46602 Phone Number: 5743289701 ------------------------ rn ich o Is@ ab on march e . com E-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. 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Cootrocr .. --1 _,.., ~!'-'11 ....,,..., -.,_ ,11 .,ro, 1<1 __ _,. ..,,.,,...,,... l ~~ .-"""l'fi,Gro -••1 -H ,o,o;.., lo....,,"' RUor .-i-or .., --a>ol lo O, Cootr0<I .. -,,,0111:1 ""' -• -11".0 ooloty el N ,_ --~--0,0<! -,_,,_ =~~ ... --Ir-_,1,., ........ ;,, ---· .;u, ""'----"' f l"'11ii:.;,,, ~...,• -~ .;r., u.. u.S. 0op, •• 1,..,_10,.,., f-.,11~..,,-lol,!rO!.., a,,IM/-1raff«:CoolrOIO.oica"(111.lfCDi 4 Cwtlrodi/M!..,,,.,-.,.--..,/'>olocool<""' f . Cootraclo,-"'"'90,o_..,__.....,.<..,..,,.,o,"•"',.,,,;.,,011,-.f..,.,_o,_cnrM, •• ,_._ ""-;rco,..,., -,....,.. ,. _.,, 10. eoo,,.,..,.., -,,,_, ,,_ o,,,.;,,q. .,.,., -111:.,...,, """ ...,..,,...,,....,, -1,11..,. ., ,,,. -•.., lillo//Ofllol,,il"'Nt. Fi led in Clerk 's Offi c e DEC O6 2022 DAWN M. JO NF~ CITY CI r::n,,r ",... · · · 11• l IHI l I C2.0 City of South Bend BOARD OF ZONING APPEALS December 6, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 7468 and 7686 Varden Parkway Dear Committee Chair Hamann: Filed in Cler k 's Off ice DEC O6 2022 DAWN M. JONES CITY CLERK, SO _UTH 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 December 12th, 2022, Council meeting and set it for public hearing at your January 9, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the January 3, 2023, 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: Construction of a 94,000+ SF warehouse and distribution facility for Coast Southwest, a Jul/- service, chemical distributor. The facility will accommodate future expansion in phases up to 200,000 SF to potentially include space for research, development, a.nd manufacturing. 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, Angela M. Smith Zoning Administrator CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend , IN 46601 I 574-235-7627 I www.southbendin.gov/zoning Filed in Clerk s . '1. ~; : I DEC 06 20?~ DAWN M. JON F · BILL NO. 79-22 ORDINANCE NO. 10913-22 CITY CLERK, SO UT H £... '-.i 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 7468 AND 7686 VORDEN PARKWAY. COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for a warehouse and distribution facility for a chemical distributor. 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: 7468 and 7686 Vorden Parkway -031-1036-059011 and 031-1036-059010 In order to permit Heavy Industrial Use 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. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council 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 ________ _, 2023 , at __ _ o 'clock . m. Dawn M. Jones , City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ ~ 2023 , at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Fi~d in Clerk's Office DEC O6 2022 DAWN M. JONES _ CITY CLERK, ~9Y!H B!=ND . IN City of South Bend BOARD OF ZONING APPEAL~• Petition for Variance -Special Exception Property Information Filed in Clerk's Office 227 W. Jefferson -Suite 1400S DEC O6 2OZtuth Be ~d, IN 46601 zoni ~g@'outhbendin .gov DAWN M. JON ES a: • .• -~ ... , Tax Key Number: 031-1036-059011 & 031-1036-05901 0 Address : 7468 and 7686 Varden Parkway, South Bend, Indiana 46628 Owner: 7468 Varden Parkway, LLC Zoning : I Industrial [:] Project Summary: Construction of a 94,000+ SF warehouse and distribution facility for Coast Southwest, a full-service, chemical distributor. The facility will accommodate future expansion in phases up to 200,000 SF to potentially include space for research, development, and manufacturing . Requested Action Z] Spec_ial Exception -complete and attach Criteria for Decision Making Use requested : Industrial , Heavy (21-06 .01 (g)(2)) D Variance(s) -List variances below, complete and attach Criteria for Decision Making Variance(s) requested : Required Documents Z] Completed Application (including Criteria for Decision Making and Contact Information) D Site Plan drawn to scale D Filing Fee Criteria for Decision Making S ecial Exce tion -if apP.,,_l_ic_a...,b_le ___ _ 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 , including potential future ~xpansion aligns with the current zoning and other existing industrial facilities in and around the parcel. The facility may house and process hazardous material in an area specifically designed and built for such activities. In addition the development, construction and operation of the entire facility will abide by all applicable local, state and federal regulations related to materials storage, handling, waste and containment. The facility will NOT produce significant external impacts detectable beyond the lot lines of the property. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed use, including potential future expansion aligns with the current zoning and uses and would be consistent with the character and use of other existing industrial facilities in and around the parcel. The proposed development is within the Blackthorne West Industrial Park, currently home to the Tire Rack, General Metal and Stamping , Maxi-Blast, DSM Food Specialties, as well as a significant number of warehouse and distribution centers . 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: See response to #2 above. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The Blackthorne West Industrial Park was envisioned and developed as part of the City's Comprehensive Plan going back to the 1990's and has been included in each new amendment thereto . Contact Information Property owner(s) of the petition site: Name : 7468 Verden Parkway, LLC Address : __________________________ _ Name : Address : __________________________ _ Name : Address : __________________________ _ Contact Person: Name: George Lepeniotis Address : 4101 Edison Lakes Parkway Mishawaka , Indiana 46545 Phone Number: 574-485-2008 ------------------------. glepeniotis@kdlegal .com E-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 n ify the petitioner of a requirement does not imply approval or contained within the ordinance. uthorizes the contact person listed above to represent this petition end Plan Commission and Common Council and to answer any and n e ted to this petition. J\Mf'l'fl'1¥,IL.'-) Sig atu es : VORDEN PKWY j AJTURE1 06,000.J•J. I I I I ,, ,. l--J_ _ _l _ _J __ l _ I "--I I O I 1 I -I ~=~ I ·1·1--r,--r- TO TAL BUILDING SIZE 200,000sf .,. PRELIMINARY SITE PLAN Pl.AN DESIGN INCOUAIORATION with Wt:AYEII CONSULTANTS GIIOUP µTUREP j I I I HOLLADAY PROPERTIES l'P'opelli"" ....... 6370AmenPle10f.,SUU 110 Portag•, lnciana ~6:lflil ru1 ·1a11·.10.sa.,re1 UILDllfDNl!IGttT ..... OfflCEAAEA:2•STOll'I' WAREHOUSE : 25'-YI' CLEM IIIIITIALauN.DINGUZI WAREHOUSE 45,000.f l'IIODUCTlON U,200Sf OfflCE(ht) 4,0SO.I 2nd) 2,1S0sf TOTALIUILDING tS,OOOsl TOT.U..FUTU.Ea.aA UI' TO JOl,000.I /• SHOWN 1- z Ill I-:::E IIID. Ill 0 : t:iil : z:> I-Ill Cl Oc lllz I--.1119 C-o:, UIII z i cz .. - z ri z a"' ""' g~ . :, !~ .. I mmu PULIMINM'f' SITI PLAN Filed in Clerk 's Office Of~~}~] DAWN M. JON ES CITY CLERK , SO UTH BEND , IN -·· ___ .,... ... --