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HomeMy WebLinkAboutREVISED 01-09-2023 Final Agenda and Committee Meeting Notice Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, JANUARY 5, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, January 9, 2023: 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/01092023CC. 3:30 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Presentation About improving the Alley Vacation Process in Advance of a Future Ordinance Request to the Common Council 4:00 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. – 71-22 – An Ordinance Approving a Petition of the Advisory Board of Zoning Appeals for Property located at 1502 Miami St. Councilmanic District No. 3 in the City of South Bend, Indiana 2. Bill No. – 74-22 – An Ordinance Amending the Zoning Ordinance for Property Located 505 Ireland Rd., 4412 Fellows St., and Fellows St., Councilmanic Dist. 5 3. Bill No. – 79-22 – An Ordinance Approving a Special Exception for Property Located at 7468 and 7686 Vorden Parkway Council Vice-President Sheila Niezgodski has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL VICE-PRESIDENT, NIEZGODSKI 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 a Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, January 9, 2023 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/01092023SBCC 1. INVOCATION – Pastor John Ward, Kingdom Impact Ministries 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES SEPTEMBER 12, 2022, SEPTEMBER 26, 2022 OCTOBER 10, 2022, OCTOBER 24, 2022 NOVEMBER 14, 2022, NOVEMBER 28, 2022 DECEMBER 12, 2022 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 52-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 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. 69-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1405 PORTAGE AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 71-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502 MIAMI ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 74-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 505 IRELAND RD., 4412 FELLOWS ST., AND 4422 FELLOWS ST., COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 79-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR PROPERTY LOCATED AT 7468 AND 7686 VORDEN PARKWAY. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 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 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. 63-22 THIRD READING ON 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. 1, FOR 21275 CLEVELAND ROAD, SOUTH BEND, INDIANA (THIRD READING ONLY) 69-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1405 PORTAGE AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 71-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502 MIAMI ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 74-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 505 IRELAND RD., 4412 FELLOWS ST., AND 4422 FELLOWS ST., COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 79-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR PROPERTY LOCATED AT 7468 AND 7686 VORDEN PARKWAY. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 11. RESOLUTIONS BILL NO. 12. BILLS OF FIRST READING BILL NO. 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. Cit o f South Bend County-City Building Y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 Filed in Clerk's Office January 4,2023 Common Council of South Bend JAN 0 4 2023 227 W. Jefferson Blvd,4th Floor DAWN M.JONES South Bend, IN 46601 CITY CLERK,SOUTH BEND,IN Re: Bill#71-22: The petition of SHARK INVESTMENTS LLC seeking a Special Exception for minor vehicle service in the NC Neighborhood Center for property located at 1502 MIAMI RD. Dear Council Members: I hereby Certify that the above referenced petition of SHARK INVESTMENTS LLC was legally advertised on November 25,2022 and that the South Bend Board of Zoning Appeals at its public hearing on January 3,2023 took the following action: Upon a motion by Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by SHARK INVESTMENTS LLC seeking a Special Exception for minor vehicle service for property located at 1502 MIAMI RD,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, 44.- N gkr-61.<_ Angela M. Smith Zoning Administrator Attachment CC: SHARK INVESTMENTS LLC Harry Ortega&Luz A Matule BILL NO. 71-22 Staff Report— BZA#0139-22 January 3, 2023 Property Information Location: 1502 MIAMI RD Owner: SHARK INVESTMENTS LLC Project Summary Allow a car detailing/carwash Requested Action Special Exception: Minor Vehicle Service Site Location Mai trillirr t fi « „ z i. IIf HANEY AVEC Or/ 4t..'" -14..4 ;,- .-. ;,, ' . il 1 Y mss: r it 3, I 1- L,''' 4.-- 7%41.7-1';....*41 .',. , - 4 .. fly' F: E LANA AVE mew Staff Recommendation Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report—BZA#0139-22 January 3,2023 Proposed Site Plan to WITT ' 3 II' 1_41.1ey 6 ve 1 .H1 i 1:,,,, Ji• cr I 41. 44a. I 1 1. . VI erik..1- • .-AillI SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report—BZA#0139-22 January 3, 2023 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; The proposed use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The building has been designed for automotive services for several decades. All the vehicle service activities occur within the fully enclosed building. There are not hazardous materials being used or fumes created by this particular automotive service. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Since all the vehicle service activities occur with the fully enclosed building, approval of the Special Exception should not injure or adversely affect the use of the adjacent area. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The Neighborhood Center Zoning District encourages pedestrian orientated development. The use of Minor Vehicle Service is an 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 the building in a manner that is sympathetic to the surrounding neighborhood is consistent with the character of the district. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with City Plan (2006) Objective ED1: Stimulate the rehabilitation and adaptive reuse of property in the City. Analysis & Recommendation Analysis: Granting the Special Exception will allow for the reuse of a building that was originally built for automotive purposes. Although the Neighborhood Center Zoning District outlines pedestrian orientated development, the use of Minor Vehicle Service is an allowed Special Exception in the district for such instances. With some minor landscaping improvements, the building can be reactivated in a way that works well with the surrounding area. Staff Recommendation: Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Filed in Clerk's Office JAN 0 4 2023 D}.vvrr M JONES SOUTH B[:'ND BOARD OF ZONING APPEALS CITY CLEHO3 TgitEND,IN Cit o f South Bend County-City Building Y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 574)235-7627 1 r-ii r}<'S Cff{Ce 1 December 6,2022 DEC 0 6 207^ Common Council of South Bend DA ; I DAL._ NI.JONES 227 W.Jefferson Blvd,4th Floor CITY CLERK.SOUTH BEND,IN South Bend, IN 46601 Re: Bill#71-22:The petition of SHARK INVESTMENTS LLC seeking a Special Exception for minor vehicle service in the NC Neighborhood Center for property located at 1502 MIAMI RD. Dear Council Members: I hereby Certify that the above referenced petition of SHARK INVESTMENTS 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 Caitlin Stevens,being seconded by Mark Burrell and unanimously carried,a petition by SHARK INVESTMENTS LLC seeking a Special Exception for minor vehicle service for property located at 1502 MIAMI RD,City of South Bend is tabled due to a lack of petitioner in attendance. The petition is scheduled to be heard at the next regularly scheduled meeting of the BZA on January 3, 2023.If the petitioner fails to appear at that meeting,the matter will be dismissed. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Zoning Administrator Attachment CC: SHARK INVESTMENTS LLC Harry Ortega&Luz A Matule Fite; 'T k's Office City of South Bend BOARD OF ZONING APPEALS Nov 0s2022 i DAWN M.JONES CITY CLERK. SOUTH BEND,INNovember9, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1502 Miami St. Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception 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 an automotive carwash and detailing 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: Address:v UUc t Owner: 1-VZ4--/ 1vC w i, t3 Zoning: Choose the current district Project Summary: Requested Action Special Exception - complete and attach Criteria for Decision Making Use requested: Vi,kceervkC, . ck11-11-cl1r Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested. c o 092°2 CFRk DUHFS Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale PAID II Filing Fee SEP 1 5 2022 Per "6 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: r- N_A-cx.‘‘ k C C 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: ou S 0(1,c_ z-__S r 5 V 'c r C (c j 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: i-i-1 C to o LA-5,A ck,t.c1 t S';d C 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: c>w I,, t Nr“ S j I r1 pyvo - X r lc AC€. SC u Ce. W C\Otkdl 145 e 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: Lug_ 4 , "ielvk_ Address: 754 Mi Sc11c. `s\z.wA Name: Address: Name: Address: Contact Person:/ Name: Jul c... Address: /5 JAI, €IcIic- I SLo, } VC-0 //1e1/74-c` &7 ( l C $ Phone Number: 7/ G 23e kEaryy 0199 7 (2) Cra:I, amE-mail: okcif o 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: zyl �o ?LAN Co ,.._� v' ✓ "t-o 0 .,, z . "sr�BliSHEO i0t0 City of South Bend PLAN COMMISSION Tuesday, December 20, 2022 South Bend Common Council 227 W. Jefferson Blvd., 4th Floor South Bend, IN 4660 I County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in ('l�rk's Office ---7 DEC 2 l 2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: Bill#74-22 -A proposed ordinance of IRELAND GREENS TRUCKING CO LLC to zone from UF Urban Neighborhood Flex and SI Suburban Neighborhood I to C Commercial, property located at 505 IRELAND RD 4412 AND 4422 FELLOWS ST, City of South Bend -PC# 0127-22 Dear Council Members: I hereby Certify that the above referenced ordinance of IRELAND GREENS TRUCKING CO LLC was legally advertised on December 9, 2022 and that the South Bend Plan Commission at its public hearing on December 19, 2022 took the following action: Upon a motion by Kyle Copelin, being seconded by Kara Boyles and unanjmously carried, a proposed ordinance of!RELAND GREENS TRUCKING CO LLC to zone from UF Urban Neighborhood Flex and SI Suburban Neighborhood I to C Commercial, property located at 505 IRELAND RD 4412 AND 4422 FELLOWS ST, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to the following commitments: I) all buildings shall have a hipped or gabled roof; and 2) no drive-through shall be permitted. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of he public hearing are available in our office and will be posted on our website once approved. Sincerely, !2r--'JY,!. � Angela M. Smith Zoning Administrator Attachment CC: IRELAND GREENS TRUCKING CO LLC Bob Palmer Four Iron Investments LLC Mark Macheca Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 74-22 Staff Report— PC#0127-22 December 19, 2022 Property Information Location: 505 IRELAND RD and 4422 FELLOWS ST and 4412 FELLOWS ST Owner: IRELAND GREENS TRUCKING CO LLC Requested Action Rezone from UF Urban Neighborhood Flex and S1 Suburban Neighborhood 1 to C Commercial Project Summary Create a contiguous parcel with appropriate commercial zoning (C) to allow for the expansion of the existing one-story office building. Location Map ri.._S1 hI i S1 J Si tr.) \\ \ @ U_ \\\, N,\\\<\\ S\ A Ai ii-" , R, ElR!LAIQU Rb Jr '' A. i', 7OF L;F d h Recommendation Staff Recommendation: Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation, subject to the following commitments: 1) all buildings shall have a hipped or gabled roof; and 2) drive-through facilities shall not be permitted. SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report-PC#0127-22 12/19/2022 Proposed Site Plan I I I City owned I I stormwaterretention I I Property Line I I SP I ilI Considersub-grade I stonnwaterdrainage sw system to meet CO '— I requirements PaddngSetback 1 ts•r as required BO' 1 , w-e, i x - I I jProposed I ttew Office I Parking I I I I I J I x 1 I tEf=Htfhlt sier 1,--- 4"—±retention 0 1 I LL 116'4' Cr err WV .e'a Cr rr II I I Erskine I I Ban mune II I I Existing Orrice I Parking 3,200SE I I I I Asa• I 1 a I I I il\ IT- I 1= I IIe E Ireland Rd N ii Site Plan Scale:P;20' ALLIANCE Ireland Greens minummisommoim Vg„m...,,la..s„Z0 i lim,,.,„a„ 18.Nou2022 SOUTH BEND PLAN COMMISSION Page 2 of 5 Staff Report-PC#0127-22 12/19/2022 Site & Context Land Uses and Zoning: On site: An office building with associated parking and a residential dwelling. North: A City owned drainage lot zoned S1 Suburban Neighborhood 1 East: A golf course zoned OS Open Space South: Across E. Ireland Rd., a dental clinic and residential dwelling zoned UF Urban Neighborhood Flex West: Across Fellows St, a multi tenant retail space zoned C Commercial District Intent: The C District is established to provide a location for medium-to high-intensity commercial uses that are auto-oriented, typically located along major corridors at the fringe of the City or as small groupings located outside of neighborhood centers. Site Plan Description: The proposed site plan shows the construction of a one story office building in a similar style as the existing one story office building. The plan includes maintaining the existing commercial access and expanding the site to the north where the single unit dwelling is currently location. Additional parking is proposed on site as well. Zoning and Land Use History and Trends: At the time the Erskine Golf Course was built in 1925, this was still a rural, undeveloped area on the outter edge of the City. In the 1950's, residential growth around the golf course began. Shortly there after commercial nodes at Ireland and Michigan and Ireland and Miami intersections began to develop. It wasn't until the mid-1970's that the commercial growth began to expand from Michigan Street toward the golf course. This property remained residential until it was rezoned in 2005. The current office building was built around 2010. Traffic and Transportation Considerations: Ireland Road is a 4 lane thoroughfare. Fellows Street is a two lane residential street expanding to three for a left turn lane at the intersection. Ireland and Fellows is a signalized intersection. Agency Comments Agency Comments: Venue Parks and Arts notes that the proposed development may be at risk of stray golf balls and that the owner assumes all responsibility in the development at this location. There are no other agency comments at this time. Agencies will fully review the development at the time of site development. Staff Comments: While the staff does not encourage the removal of viable single-unit dwellings for the purpose of commercial expansion, these parcels are isolated by the City retention pond to the north and the golf course to the east. This will prevent further sprawl into the neighborhood and serve as a good buffer between the residential to the north and Ireland to the south. While development in a UF Urban Flex style is preferred, the desire by the petitioner to replicate the existing development and take advantage of the views of the golf course have created the C Commercial style development requested. Special attention should be made to ensure the development has a more residential character, similar to other properties in the area, and does not impeded on the use and enjoyment of the golf course. By limiting uses that include a drive-through and requiring a more residential roof type, the impact of the full extent of C Commercial Uses can be minimized. SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0127-22 12/19/2022 Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition conflicts with the goal of the Miami Hills Neighborhood Plan (2020)to support the protection and maintenance of a range of housing types, but the plan was primarily residential in focus. identifies this area as a potential area for intersection improvements, including improved pedestrian crossings. Land Use Plan: The Future Land Use Plan identifies the existing commercial property as both commercial and medium intensity residential. Plan Implementation/Other Plans: The petition is consistent with city's comprehensive plan, City Plan (2006) (Objective ED2) Retain existing businesses and recruit new ones to the city. Allowing the rezoning of the site will allow for the expansion and retention of a current business in the city. The Future Land Use Plan identifies this area as Park & Open Space, however, the City has no intention at this moment to acquire these lots and the lots across the street are identified as Commercial. 2. Current Conditions and Character: Ireland Road is a mix of commercial and residential with two intense commercial nodes at the intersections of Ireland with Miami and Michigan. There has been a lot of redevelopment of commercial properties within this area in the past year. 3. Most Desirable Use: The most desirable use of the property is one that allows for a mix of commercial uses in a manner that is sympathetic to the residential uses nearby. 4. Conservation of Property Values: While we do not encourage demolition of residential dwellings, in this instance, this property is bound by a municipal drainage lot to the north and a public golf course to the east so the commercial use will be isolated from the surrounding neighborhood. It should not have significant impacts on the use and value of the adjacent properties. 5. Responsible Development and Growth: It is responsible development to allow for the expansion of an existing business that will be isolated from the current neighborhood. Analysis & Recommendation Commitments: The staff recommends the following commitments: 1) all buildings shall have a hipped or gabled roof; and 2) no drive-through shall be permitted. Analysis: Rezoning these properties to C Commercial will allow for the expansion of services to the area. Since the property is bound by a municipal drainage lot to the north and a public golf course to the east, the impact of the commercial use will be buffered from the surrounding neighborhood. It should not have significant impacts on the use and value of the adjacent properties. SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0127-22 12/19/2022 Recommendation: Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation, subject to the following commitments: 1) all buildings shall have a hipped or gabled roof; and 2) drive-through facilities shall not be permitted. Ffice DEC 21 2022 L-.__..__ 1 DAWN M.JONES CITY CLERK,SOUTH BEND,IN SOUTH BEND PLAN COMMISSION Page 5 of 5 N O?LAN CCounty-City Building a City of South Bend 227 W.Jefferson Blvd. 14005 Z South Bend,IN 46601 PLAN COMMISSION 574) IN 627 www.southbendin.gov/zoning srAkisHEol° r November 21, 2022 NOV 21 2022 Honorable Committee Chair Hamann I JONE4thFloor, County-City Building DAWN M. CITY CLERK SOUTHUTH BEND,IN South Bend, IN 46601 RE: 505 Ireland Rd.,4412 S Fellows St., and 4422 Fellows St.— PC#0127-22 Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your November 28th, 2022, Council meeting, and set it for public hearing at your January 9th, 2023, Council meeting.The petition is tentatively scheduled for public hearing at the December 19th, 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: Create a contiguous parcel with appropriate commercial zoning to allow for the expansion of the existing one-story office building. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President City of South Bend NOV 21 2022 PLAN COMMISSION DAWN M. IONES Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number018-7204-7509, 018-7204-7510/ 018-7204-7511 Address: 505 E Ireland St. Suite 300 /4412 S Fellows St., South Bend, IN 46614 Owner: Ireland Greens Trucking Co. LLC / Four Iron Investments LLC Legal Description: 018-7204-7509: S 80' Lott, Huffman S 1st 018-7204-7510: S 60' Lot 2 & N 20' Lot 1 Huffman S 1st Add 018-7204-7511: S 40' Lot 3 & N 40' Huffman S 1st Add Project Summary Create a contignous parcel with appropriate commercial zoning (C) to allow for the expansion of the existing one-story office building. Requested Action Application includes (check all that apply) Rezoning Current District: UF Urban Flex S1 Suburban Neighborhood 1 Proposed District C Commercial 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. I 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: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Ireland Greens Trucking Co. LLC NOV 21 2022 Address: 505 E Ireland Road, Suite 300 South Bend, IN 46614 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Name: Four Iron Investments LLC Address: 4412 S. Fellows Street South Bend, IN 46614 Name: Address: Contact Person: Name: Mark Macheca Address: 4102 Meghan Beeler Court South Bend, IN 46628 Phone Number: (574) 243-3255 ext. 239 mmachea@business-furnishings.net 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: ri-i.- I I I i u , City owned 21 2022 stormwater retention I DAWN Property Um u11Y'C[. a I ER'rSOU n..-ne1tt ;1N- 1 I Consider sub-grade c 1 stormwater drainage system to meet City • I requirements I Parking Setback I J i6'a I as required 1 • lo'-o' 80' I I I I Proposed NewNew Office Parking I I I I I 1 Z 1 I I Existdumpster I} Existing stormwater enciausure retention I SO' I 73 I 116-0 _6-0, 62•4'14'-0' 6'-0 40'-0" 9 ' I I I I I Erskine Golf Course Existing 1 I Existing Office I I Parking 3,200 SF I I I I I I I I 180' 1 1 l I I I IA I Ia- I IE Property brie —• -- - - • - - • - - 148' — • - - • - - - - • - - • - - •- E Ireland Rd N Site Plan ALLIANCE Scale:1,20 Ireland Greens 929 L colnway Fast.Sole 200 I South Sex],Intllana 4,601 18,N Gv,2022 Si Si CITY STORMWATER RETENTION 4 1.-Li i g.k!:?,::: 1.• inn 'ci.,,...X. , * 1.-_,:._ u) 1-C 0 L.':v .1--0' s! a: : Um 4; s4 E I1 11-7:-,--:;.. i' 1i 1 en-.,-.?...,, ok 4'... E Ireland Rd 4+ 4_0- : M 66 t_. th4arig titv N ALLIANCE Surrounding Site Zoning Contexta' 21FEna NOV 2 1 2072 gir S ale:NTS DAWN M.JONES Irel.nd Greens CITY CLERK.SOl'TH BEND,I : ov.2022 City of South Bend BOARD OF ZONING APPEALS January 4, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 4660 I County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office i JAN U ◄ 2023 DAWN M. JONES CITY CLERK, SOUTH BENO, IN Re: Bill# 79-22: The petition of7468 VORDEN PARKWAY LLC seeking a Special Exception for Heavy Industrial in the I Industrial for property located at 7468 AND 7686 VORDEN PKWY. Dear Council Members: I hereby Certify that the above referenced petition of7468 VORDEN PARKWAY LLC was legally advertised on December 24, 2022 and that the South Bend Board of Zoning Appeals at its public hearing on January 3, 2023 took the following action: Upon a motion by Kaine Kanczuzewski, being seconded by Mark Burrell and unanimously carried, a petition by 7468 VORDEN P.ARK WAY LLC seeking a Special Exception for Heavy Industrial for property located at 7468 AND 7686 VORDEN PK WY, 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 fe el free to contact our office. Sincerely, �?1� Angela M. Smith Zoning Administrator Attachment CC: 7468 VORDEN PARKWAY LLC George Lepeniotis BILL NO. 79-22 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 Staff Report — BZA#0168-23 January 3, 2023 Property Information Location: 7468 AND 7686 VORDEN PKWY Owner: 7468 VORDEN PARKWAY LLC Project Summary Construction of a 94,000+ sq. ft. warehouse and distribution facility for Coast Southwest, a full- service, chemical distributor. The facility will accommodate future expansion in phases up to 200,000 sq. ft. to potentially include space for research, development, and manufacturing. Requested Action Special Exception: Heavy Industrial Site Location k Iy( // c) :-r t / / 1' / m 1 O., T. rr 7:-.) fp II , / . , •, . //. / e 1 tom k n•wmei fit --- JI r•n Staff Recommendation Based on the information provided prior to the public hearing, the Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 CA Fw15 fa O C c ep r3 MI rn V " HOLLADAY O. I Z PROPERTIES Cl)CD O I 6J] O AmenPlw Di SUM ItO v oz r/,` t VORDEN PKWY t, Portage. VA0n5 48368 13... 4- t 4S/ r E .. SITE AREA Vt/ YPM.'' I Ell.. 10. 58 mem DETENTION AREA co 11 i PPELIIM.. 3. 39 MhV01uMS N m 4, 4WNBUILDINGHEIGHTCT PROPOSED OFFICE 1 i " 7., to suit I 4: 05051+ 2. 750SFEND R.) I DFFIEE MFA. 3- 5TORY rI 4.. WAREHOUSE: 35, 3D CLEAR FL3NRE PMNW6' INITIAL BUIL SIZE I I I. j I • I I I WAREHOUSEBUILDING S5, o0041 PRODUCTION 43, 2005F 1: f/ OFRCE( LMt) 0. 05051 Mnd) Z75059 I PROPOSED I TOTAL BUILDING 95, 00051 0 EHOUSE4600051 TOTAL FUTURE AREA J FUTURE 106. 00051. 1. 1 UP TO T02, 0001I,/- SHOWN r TOTAL BUILDING SIZE oIt OA maNYE COD l 200. 000Gf+/- to4.. IIWNrN, S. IS 5 Z e f;lI IY Rt' a a l i, W 0 i J Y PROPOSED iii z P50000TION f T > y Z 43200SP i i' P. W m G 0 iii• I am\ II! O O ' NOLN. i- i Z Iwo ILI N. I ll. 1z 05 202. 2 LAs i PRELIMINARY PRELIMINARY SITE PLAN SITE PLAN PSM DESIGN IN COLLABORATION with K Q WEAVER CONSULTANTS GROUP 0 aJ x- i CMco N O W h w lJ C NJ W Staff Report— BZA#0168-23 January 3, 2023 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; The proposed use is in an area comprised exclusively of industrial uses. A heavy industrial use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The property is located in an area that is exclusively industrially zoned and the proposed heavy industrial use is located in the established rear yard. The proposed heavy industrial uses should not adversely affect the use or value of surrounding properties. 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 of heavy industry is consistent with the character of the district in which it is located and the surrounding land uses. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with City Plan (2006) (Objective ED2) Retain existing businesses and recruit new ones to the city. Allowing heavy industry use on this site will allow for the addition of a business in the city in an appropriately located area. Analysis & Recommendation Analysis: The proposed use is located in an industrial park. This is a suitable location for heavy industrial uses which should not negatively impact the broader community and should help recruit a new business to the city. Staff Recommendation: Based on the information provided prior to the public hearing, the Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Filed in Clerk's Office JAN 0 4 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 Cit o f South Bend County-City Building Y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 574)235-7627 Filed in Clerk's Office January 4,2023 JAN 0 4 2023 Common Council of South Bend 227 W.Jefferson Blvd,4th Floor DAWN M. CITY CLERK,SOUTTHBEND ,INSouthBend, IN 46601 Re: Bill#79-22: The petition of 7468 VORDEN PARKWAY LLC seeking a Special Exception for Heavy Industrial in the I Industrial for property located at 7468 AND 7686 VORDEN PKWY. Dear Council Members: I hereby Certify that the above referenced petition of 7468 VORDEN PARKWAY LLC was legally advertised on December 24,2022 and that the South Bend Board of Zoning Appeals at its public hearing on January 3,2023 took the following action: Upon a motion by Kaine Kanczuzewski,being seconded by Mark Burrell and unanimously carried,a petition by 7468 VORDEN PARKWAY LLC seeking a Special Exception for Heavy Industrial for property located at 7468 AND 7686 VORDEN PKWY,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, Angela M. Smith Zoning Administrator Attachment CC: 7468 VORDEN PARKWAY LLC George Lepeniotis Staff Report— BZA#0168-23 January 3, 2023 Property Information Location: 7468 AND 7686 VORDEN PKWY Owner: 7468 VORDEN PARKWAY LLC Project Summary Construction of a 94,000+ sq. ft. warehouse and distribution facility for Coast Southwest, a full- service, chemical distributor. The facility will accommodate future expansion in phases up to 200,000 sq. ft. to potentially include space for research, development, and manufacturing. Requested Action Special Exception: Heavy Industrial Site Location nee...; N 7 T° 3- -11-Liglih x r 2; 1' . /1////7/I / / x ___, _-ribs, M A / Q 7/ 7 //.. / p_ 1,17_,_ i,/,', i.,:, t•_. 1 , t" AMM a I•.%A 0.0 r di ...sisimealiMaiWaill. ' Staff Recommendation Based on the information provided prior to the public hearing, the Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report—BZA#0168-23 January 3, 2023 Proposed Site Plan tn} W • o X 1 dy irgl.i S 3 NI'ON38 Hinos MMIQF, i u3 M C m < g AVMMaVd N3OdOA 999L 4 O9WL 1 ! p " 4cili 1, "f1.:',14•' g =" 4 J 1411 E,, ` IN3WdOl3A3a ONlailflO MON e r I. x Oma 1 2 Eli =off= a 8E ?° 1S3MH1f1OS.LSVOO a i ;„a3 _3so pz 1-1.1. 0N Oavn37110e wvele N i; qyI Jh171P 1- i i 1y Z 2 I o 9 1 : 99 26,, it I I — of i g o0 ff, pp 5 e y# 1Lt iii F iii 1 P' I sql Ili E 3p SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report—BZA#0168-23 January 3, 2023 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; The proposed use is in an area comprised exclusively of industrial uses. A heavy industrial use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The property is located in an area that is exclusively industrially zoned and the proposed heavy industrial use is located in the established rear yard. The proposed heavy industrial uses should not adversely affect the use or value of surrounding properties. 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 of heavy industry is consistent with the character of the district in which it is located and the surrounding land uses. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with City Plan (2006) (Objective ED2) Retain existing businesses and recruit new ones to the city. Allowing heavy industry use on this site will allow for the addition of a business in the city in an appropriately located area. Analysis & Recommendation Analysis: The proposed use is located in an industrial park. This is a suitable location for heavy industrial uses which should not negatively impact the broader community and should help recruit a new business to the city. Staff Recommendation: Based on the information provided prior to the public hearing, the Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Filed in Clerk's Office JAN 0 4 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 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 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 -·· ___ .,... ... -- 13 16 COUNTY -CITY Burr.DING 22 7 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND JAME M ELLER MAYOR BOARD OF PUBLIC WORKS Mr. Christopher Boardman 1015 Good Place South Bend, IN 46616 f risbcb222«t'hotmail.com December 14, 2021 RE: Alley/Street Vacation-1015 Good Place (Preliminary Review) Dear Mr. Boar dman: PHONE 574/ 235-925 J FAX 574/ 235-9171 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, I:. I laura Hen !ev/Acting Clerk ELIZABETH A. MARA.DIK GARY A GlLOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER BILL NO. 52-22 BILL NO. 52-22 ORDINANCE NO. 10887-22 Filed in Clerk's Offi ce SEP 09 2022 DAWN M. JONE S CITY CLERK, SOUTH BE ND, IN AN ORDINANCE 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. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12 , the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows : SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley extending 14 foot wide northeast, and 120 feet long from Good Place and ending at the current rear property line, including the 5 foot triangle alley section at the rear north corner of LOT 48 BOULEVARD PARK, PARCEL NUMBER: 71-03-35-180-015.000-026 commonly known as 1015 Good Place. (The current 1015 Good Place description is: E 16 FT LOT 47 & ALL OF LOT 48 BOULEVARD PARK) hereby determines that it is desirable to vacate said property. SECTION II . The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities , including, but not limited to , the following: electric , telephone, gas, water, sewer, surface water control structures and ditches, within the vacated r ight-of-way, unless such rights are released by the indi v idual utilities . SECTION III. The following property may be injuriously or beneficially affected by such vacating : There are four properties abutting the alley at issue and all four owners are in favor of the vacation of the alley and request that the vacated alley be ceded entirely to become part of the of the current 1015 Good Place property with the current legal description of: Owner: Christopher Boardman. E 16 FT LOT 47 & ALL OF LOT 48 BOULEVARD PARK. PARCEL NUMBER: 71-03-35-180-015.000-026. The three properties abutting the other side of the alley at issue are: DAVID MAND VICKIE L LOUGHLIN 2017 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 49 Boulevard Park Add PARCEL NUMBER: 71-03-35-180-005.000-026 CALVIN & ELIZABETH LEWIS 2021 N RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 50 Rep lat of Boulevard Park Add PARCEL NUMBER: 71-03-35-180-004.000-026 JIANBOLIU 2025 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 51 Replat of Boulevard Park Add PARCEL NUMBER: 71-03-35-180-003.000-026 Section IV . The purpose of the vacation of the real property is to allow the current owner of 1015 Good Place, Christopher Boardman, to pave the current alleyway to rectify the current ongoing mud ruts and overgrown grass and weeds and allow for the potential construction of a garage at the rear of his property, thereby greatly improving the appearance of the alleyway and raising the tax base for the larger 1015 Good Place lot. The above other outlined three properties abutting the alley will have access rights to use the newly paved alley to their benefit. In addition, the greatly improved appearance and use rights of the paved alley will increase the property value and appearance of all the abutting properties and the neighborhood in general. The remainder of the alley will allow through traffic to all but the four adjacent property owners who agree to and endorse this Bill. 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. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon L. 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. --- .m. Dawn M. Jones , City Clerk Office of the City Clerk Approved and signed by me on the __ day of ____ ~ 2023 , at_ o'clock James Mueller, Mayor City of South Bend , Indiana Fil ed _ in Cl er k's Office SEP Q·~ 2022 DAWNM .JONES CITY CLER K, SOUTH BEND, IN c- FP01c i:--1 0's,-!..-:'s Office SEP O g �-�� '. I l DAWi'J M. ciOl\icS CITY CLERK, SO:JTH 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 (lhensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS -ALLEY VACATION APPL ICANT: 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 ,J ... ,, ,.,, •, -� .;a,_ --L"t�� (§' 1 _,,�-,�, 1::· �.� 1 \f� "\' .. & ,. -..:..-�c:: Date: Name: STREET/ ALLEY VACATION APPLICATION City of South Bend -Board of Public Works 227 W. Jefferson Boulevard, Ste.1316 South Bend, IN 46601 Ff!'.::� !�, r--•s'.'!�,'s Office S .-p n-g nr•·· ., t Io • • D.J\\'Vr-J fv1 .JC)i·�F.:SCITY CLERK, SOUTH SEND, IN I Phone#: f.pJ7--3}.J..-JcJ.) / � t)Email: 'JJ?..-J:s/{c/2JJJ@ Aoifniul, [on} Property Address: LOl�Gr:ciAfijct, <;001'1 &,Jl,n.J, LJ&il& Applicant property information: W Residential D Commercial D Industrial Describe the general alley location with boundaries (Ex: Church Pl, between E. Colfax Ave & E. LaSalle Ave): � t> � /S,d-,.,.. U::f\J 6c:at:, f) t.+ciF _,,_ t>lv 1.£ L {J lAcr ...-. v cd< · tf S(--?1,,{11, /!;efv6 , xtJ 1 • Lj ti l I lo --, Is your property adjacent to the alley of interest? �Yes D No Do you own all adjacent properties to the alley of interest? D Yes 00. No Does the existing alley provide garage access to other property owners'? D Yes igNo Does the alley receive daily traffic excluding your own use? D Yes IXl No Would the vacation hinder public access to any of the following: a church, D Yes � No school, or any other public building or place? Reason for �reet/alley vacation and pro_e.Q,sed us� /'.,., 1 J • I.I _ -rJt�ft-//tc,\./ IS #Jt:1/t:.fL l)S�/J. 1'IJ½!Vr:/(r;h�cfl5 -r-r�v.. vl,c_l' -To Ac &J ,/4::,-T>t� ft-LL-CV A--� '!)�c!)f-ou..,LIJIZrjt::llflt!S 1 R>IL �� tz ,1--13 b /TB/L C l+ll1f -t-l.fi:/!J fe <; C..1+ /J 1AJ <o.. I W l:. Aft.e OY1 f __ l:::S,ld) nJ 1&i. oF-1710-Alll:;Lj f/Lblfl 6Q)/J fl.M.e' fD Cuhtd< Pt..Aci!"'J ��-A map MUST be provided highlighting the area you would like to vacate with this application. N\<; A\\t\\ 'ct.we.e.n i\"u�,-°'e.,C_'--t\Ve.v Y\o.r-e.. fi_'v0-A (:\ocxi. �,°'ct 10A·v�+ OFF1cEusEoNLY: tlw A\\e.l.) �-\-V'Jo 1 fu<c:iv-.5'v\-\<) '£i\y\if Board Recommendation: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President �a� Gary A. (iilot. Mernher /) '1'(1 /r--1 Ii_ Joseph R. Molnar. Mcmher ' � 0Yes Jordan V. Gathers, Member Jrwvr ,J.. � Murray I . Mill er. Memher l!r'..;,..., lci·"t. Attest: Clerk c1'No D"te: December 14, 2011 r;r.:-:,'"! :� . ...;.� _ _,,In�•',� I !"'i {:ffic.9 S C"? r q r1· ··. L.. ' . ,... - . " I L-----,-_,...����f-\L\1•,1 !,..-t. ,J(ih:E:Sc:·•--y CUj�K SOUTH BEND, INOFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ ALLEY) DA TE: 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 Neighborhood 2.THE STREET DESCRIBED AS:Abutting Property Owner(s) Signatures: Name (print): Address Lot Number Christopher Boadman 1 0 15 Good Place 48 1. David Loughlin 2017 Riverside Drive 49 2. 3. INTEGRITY! SERVICE! ACCESSIBILITY BIA.'-C-� L. ·na.\DO Roix;ER.). Ptt.,o CmEF DEPUTV/DntECTOR OF Oi'EKATIONS D£PU'fY/D1RE<ITOfl OF Poucv CABR!f..l. N. Ml!llEI ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building I 227 W. Jefferson Blvd. I South Bend, Indiana 46601 Ip 574.235.9221 If 574.235.9173 j www.southbendin.gov '<:ti 00 T.' \1' i.L � � 0. � � 1 � 'S � � �� " Q �' I._ i ;s � " � ij�<(( .J � � � 0 co �-.. -,...,---""'-' {-,�-·:'">:'_ � . I\ .. :; .·. " _, Ji f I � � � I ':i l . V t ! � " ill � ! t < ;1 - TO: City of South Bend, IN, St. Joseph County FROM: BOARDMAN, LOUGHLIN, LEWIS & LIU DATE: July 9, 2022 RE: Alley Ceding F:i -Z! ("°:1 -- \ •'\ ,� ,_ .. , r, \·ff;.�? S r-p (' 0 ,,,-� i L \.._) \_, .___ _____ .. -1 Dt,\,v1-., !•/! ,.i!Ji<1:�sCITY CLER!-<, SOUTr-i BEND, IN 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 . \ CHRISTOPHER BOARDMAN r;(!.;,� :,,. ·,-'·.'. ,.,,,•..:'<:: (,ff:,,-.¢. I -·. . .. ·- ., , .. ,_ - S r? r, ,-r ' ·, ... u g' - . A /'--_ I _L ____ _J1015 GOOD PL 1943 /' /) \ SOUTH BEND, IN 466106F-LOT 48 Boulevard Park � � All -026 -�-, •· ' E 16 FT LOT 47 & 3-35-180-015.000 � '7f. // . . 2C'.- MBER· 71-0 �� PARCEL NU · _):;.-.�� · = �· ' CITY C�E¼'�'j �6�1¥���ND, IN DAVID MAND 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 LEWIS2021 N RIVERSIDE DR ¥JL ieurG SOUTH BEND, IN 46616-1948 Lot �O Replat of Boulevard Park Add PARCEL NUMBER: 71-03-35-180-004.000-026 JIANBO LIU r,)�4--� 2025 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot St Replat of Boulevard Park Add PARCEL NUMBER: 71-03-35-180-003.000-026 Page 2 of 2 Ma_f <( � .C�-�-·-..c: XUJ C (IJ a. 0 V) .5 <O E QJL..>­QJ <O ..c: tlO ::, e i= QJ u � Q. "'C 0 0 (.!) � 0 l""'4 0 +J "'C (IJ "'C QJ u QJ .c .s >­QJ <O "'C QJII)0 u ....----- .• -Enable Google Translate davevicki@comcast.net From: Sent To: Subject: davevicki@comcast.net Thursday, July 14, 2022 2:34 PM 'Laura Hensley'; 'Chris Boardman' 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! From: Chris Boardman <irishcb222@hotmail.com> Sent: Monday, July 11, 2022 7:28 AM To: Laura Hensley <lhen sley@southbendin.gov> Cc: davevicki@comcast.net Subject: Re: City of South Bend Board of Public Works 1 r-· �-; ,-:-. ,_; 1 r--. \ff;·-:9 S,..p r, ,. ,.,.., 't.. u 8 t.. ' _ - \_ .. __ _J DA\'c/1" ivi. ,k)i\t:S CITY CLEfiK, SCIJTH 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 From: Laura Hensley <lhensley@southbendin.gov> Sent: Tuesday, December 14, 2021 12:48 PM To: !rlshcb222 @hotmail.com <lrishcb222@hotm ail.com> Subject: City of South Bend Board of Public Works Hello, r... -.: - S '""? r ,-: C .. , � 1·•. � ,:::i; r r-,<f�:'""";" �:',� '. 0, INl_ ·-,_JJ---· ·-·-·-- 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! Laura Hensley Administrative Assistant Department of Public Works (574) 235-5927 lhensley@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! 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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 doesnot accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mailtransmission. lf verification is required, please request a hard-copy version. f 3 i:-;i,:--,rl \ :'" r',,..:·!.·' � rtt,· ('(:>, \ ' ' ·-· . ·.• ,_ .. ....,......, S!:'? c n '''.'�-; I L. =� \ DAWi-.l M. JONES CITY CLERK, SOUTH BEND, IN 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 BOARD OF ZONING APPEALS December 6, 2022 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 4660 I County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 F v"\'.::, �-ffice ----·--7 . I ' DEC O 6 2022 1 DA\VN M. JONES CITY CLERK. SOUTH BEND, IN 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/Hookah/Vaping 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, tlrM� Angela M. Smith Zoning Administrator Attachment CC: PEAK INVESTMENT & ASSET MANAGEMENT LLC BILL NO. 69-22 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 Is111l'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 I I I I I I / I I I I {J PER CITY Of SOUTH 9[N0 ZOHINC '1-OJ07(j)· S NEW TREES AT ELWOOD PAOP(RlY UH[ 4 NfW TREES Al PORTAGE PROPERTY LINE. TYPE 1 P.-.RKING LOT BUffER SCREENING OU~PSTER SCREENING I I N ) J7 1/ I I I I I I I I I / ([) CL. HNC[ E( 11rooo @~Ev~~N -----·-.... ·-.... -......................................... OOS11<0 ONC .,,,., ......... ZONlilG: NC .,,..._ CE"1tR" -<11,,EAJuE; [IIS'TIHG COHC WALK ¢=i q [lllSTINC CRASS ~1! ~i Filed in Clerk's Office JAN O 6 ?!}?.? -........................... ,_ (~£ ·-----•,•!·•>· a[w DECO~l:;;;~BS (l)(D(!) ------------/:.SCR[[N~ifop LINC (!) •-........... AI.ONC,. DAWN M. JONES CITY CLERK, SOUTH BEND,IIN REMCWE• BOLL.ARDS (!)(!)(!)(!)(!). _______ _____ ,,,.,.., < (!) (!)(!)(!)(!) -------------I~ ~ ... ...... (!)(!)(!) ------------Qi(!)(!) o 1 0.ISTING PAVl"-IC UISHNG ., ... ""'"0 ¢=i ! ! ! .11 [llSIINC ~• JO' CURB ;1 CUT q ~i lj w :, z w > < w (.') < >-a: 0 Cl. ~ ~~~~; CONCRETC [IIISTING PAR~NC LOT UCHI POST u ...J ...J I-~ Cl ~ I-w (/) (/) <( od I-z w ~ w"' :, ~ I-z :g (/) ~ " W <Z > ~-: z <o -f-~ ~ a: ID <(~I w It) f-0:, Cl. .,,o ~ en City of South Bend Facade Grant Schematic Desi.9.n A1.0 r 00 p q G)"Tl(n(") t1) 0 . ~ f DJ~ g~ )> i "':, tg ·~ 3.~S:o I'.) ~ . I t1> Ill- 0 c Cl) !!!. :, C. ~§l~! g.;; ~15;1'.-~~ ~J~ii3 5,'(' !~~;a 1i§ --~~of.I ~; ~ ~~ ~g~~~ "• ig~~~ ~~ ~ ~~ -~--o n I !i :;m ~ ~j~il ~~ o,.,~::vn I'~ a~~i~ i§ ;~~~i :i '"'~ ~ • ~~ ~ ! PEAK INVESTMENT & ASSET MGMT LLC 1505 PORTAGE AVENUE SOUTH BEND, IN 46616 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 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 ContactInformationF-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'WNMVOn,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 momyFevnseau.Peel SdSN/V17V 1071 ZS weer! alma fa n' n.vuuuw s memeaww..rrrrw weeSMB9 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,: 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. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office /_ OCT O c, 20221 DAWN M. JONESCITY CLERK SOUTH BEND, IN 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 9th, 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, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 63-22 BILL NO. 63-22 ORDINANCE NO. 10898-22 Filed in Clerk 's Office OCT {{5 7077. DAWN M. JONES CITY CLERK , SOUTH BEND , IN 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. 1, 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 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 of Shellbark 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. 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. l 0689-19, 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. 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 Filed in Clerk 's Offic e OCT 0'5 2077 DAWN M. JONES CITY CLERK , SOUTH BEN D, IN 2 - 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 BYISE3RVICEUSE4400 SF OR MORE OF I GROSS FLOOR AREA PROVIDE 70-1 SLUE ,--v 1AYf16HWH'Flf•Ygl wm,Dei: r+ arfad kar © LOCATIONMAP t xmom —AftcE a. raeLuorve ILEOYG.Aaf 'a•t>•rwpn.. l CITYOFSOUTHBENDarw ZONINGMAPLJ .nay IDRADDRESS21275CLEVELANDROAD SOUTHSENDIN46628 STJOSEPHCOUNTYParcelIDDATA (EXISTING) o04-1050.1271 SldlalDAssessedUset-0J-SE45w45DOEHCommercialFuHome L,.,,nPnavalGPS Mun¢ipalyiN " Ha.O:InIpa[Own16IiAMEC{/ u_IkP 2m" A— PROPOSEDCITYOFSOUTHBEND UM1MdfAnrMr[Wewdwr-•. aryeatwdLrL• FLOODZONEX(AREAOFMINIMALFLOODHAZARD FIRMPANEL18141CQ182DEFF1- 011 SURVEYEDBY VMYiamsdWorks G, OVavaAveAl14GiandRapitls, MI49E03 616.224.1500ph— C_ 7--5- 2s- z/ Ivnikams-vwikswm lab2ozz LEGEND 1ASSINGSTALLSIN roalec.Asn.Wme.> r. ma UPR0106EDPERVIOUSPFCArr. a was' 1-i I1I I 1I SITE IMPROVEMENTS FOR CARWASH FACILITY EVE—DROAD21215 .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 • IItTol 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 - - . 7C:/%,;RW/15H rl . +'Ip. SESSALECFIIC 14.00 3- 0011,00 PASSENGERCAR (TYPICAL) feet Width7.00 Track6.00 LacktoLackTime6.0 11TTIEsrcoArnE9nasnowNlsnv[anccssoua31- 5I 'I I 1 I I Il SITE IMPROVEMENTS CARWASHFACILITY 212T5CLEVEI-ANDROAD 71BENDIN4- 8 CAR QUEUELINE EXHIBIT 2 OF4 21- Lu I m I. g aMM wo I J W I 2 7C:/%,;RW/15H rl . +'Ip. SESSALECFIIC 14.00 3- 0011,00 PASSENGERCAR (TYPICAL) feet Width7.00 Track6.00 LacktoLackTime6.0 11T TIEsrcoArnE9nasnowNlsnv[anccssoua31- 5I 'I I 1 I I Il SITE IMPROVEMENTS CARWASHFACILITY 212T5CLEVEI-ANDROAD 71BENDIN4- 8 CAR QUEUELINE 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 JoI1J 3 o o' Cv: WwOwo. w wa AHYrr ` V o V~ of CLEVELAND_ ROAD_ IIa- Qruty •. malrr+ ovrrwuf [ 64' WIDEStt^ DH6RES[ SlP99LiC1 - •— —• - -. • SCALE1-20' C/ WASH aawTFoouu•xn'waL >1v1,.,>-- 1fi00 1 r= 1100 PASSENGERCAR (TYPICAL) feet Width7.00 Trackfi00 LocktoLockTime6-0 SteeringAngle31. 5 TIESIEE01THECAI510M15AVENAGEIAFGEISIE£GLAA LEGEND ax• awcv111t1aIIIIIIIIII1FIlIISITEIMPROVEMENTSCARWASHFACILITYSOUTHBENSIN16529n. 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 CALFI' -2W1_ I xwrTa:llx•rwur.Oi,.ZW.'TeF1 1e9 oarve N' .„«..« H o oQ \ Reslo[ NceIirea 2 I SITE IMPROVEMENTS 7' d.- MQML+.I JoLu N wi CLEVELAND ROAD_- r.+a. rrla..+ l oilpnRrorr - LAA WlDE1f CNLRETE• 1f piSBiR" 5 '_ - ..-_ - - 39.92FDRY CARWASH r - FACILITY f ToeooSL>']0. thiuVAlglpwf,vn.ruw I SMEALAERIALRM106FT feet Wh6.33 k7.92 LacktoLockl SteenngAngll -45.e45. 9 NOTE .aICAKl.0lKl.K r I".,TO) ANDRUCKUACTIREAsy... n FIRETRUCKLEGENDTURNING 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 [ wuewor 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