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HomeMy WebLinkAbout11-13-2023 South Bend Common Council Agenda & 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: WEDNESDAY, NOVEMBER 8, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, November 13, 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/11132023CC. 4:00 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN Bill No. 23-64 – A Resolution Reaffirming the Grant of Real Property Tax Abatement Deductions and Waiver of Non-Compliance for 4836 W. Western Avenue. 4:15 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI Bill No. 62-23 – Alley/Street Vacation: East/West Street at 1101 King St. from Kessler Blvd. 4:25 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN Bill No. 53-23 – An Ordinance Approving a Petition for 1132 Portage Ave., District 1 Bill No. 54-23 – An Ordinance Approving a Petition for 1128 Portage Ave., District 1 Bill No. 55-23 – An Ordinance Approving a Petition for 1110 S. Main St., District 2 Bill No. 75-23 – An Ordinance Approving a Petition for 1119 Twyckenham Dr., District 4 Council President Sharon L. McBride 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 PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, November 13, 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/111323SBCC 1. INVOCATION Rev. Ivy Butler Shepherdess – Power in Praise Ministries 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS Approval of 2024 South Bend Common Council Meeting Dates & Deadlines 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 53-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1132 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 54-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1128 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 55-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 110 S MAIN STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 62-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 2 EAST OF THE 2ND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 49 ON THE RECORDED PLAT OF NORTHWEST ADDITION 2ND PLAT IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 90°00’00” EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF MCCARTNEY STREET, A DISTANCE OF 72.90 FEET; THENCE SOUTH 0°05’13” EAST A DISTANCE OF 269.55 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF KING STREET AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 0°05’13” EAST A DISTANCE OF 60.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID KING STREET; THENCE SOUTH 90°00’00” WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 64.00 FEET; THENCE NORTH 0°05’13” WEST A DISTANCE OF 60.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KING STREET; THENCE NORTH 90°00’00” EAST ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 64.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.CONTAINING 3,840 SQUARE FEET 75-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1119 N TWYCKENHAM DRIVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 50-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 23114 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (THIRD READING ONLY) 53-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1132 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 54-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1128 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 55-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 110 S MAIN STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 62-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 2 EAST OF THE 2ND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF LOT 49 ON THE RECORDED PLAT OF NORTHWEST ADDITION 2ND PLAT IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 90°00’00” EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF MCCARTNEY STREET, A DISTANCE OF 72.90 FEET; THENCE SOUTH 0°05’13” EAST A DISTANCE OF 269.55 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF KING STREET AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 0°05’13” EAST A DISTANCE OF 60.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID KING STREET; THENCE SOUTH 90°00’00” WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 64.00 FEET; THENCE NORTH 0°05’13” WEST A DISTANCE OF 60.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KING STREET; THENCE NORTH 90°00’00” EAST ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 64.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.CONTAINING 3,840 SQUARE FEET 75-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1119 N TWYCKENHAM DRIVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 11. RESOLUTIONS BILL NO. 23-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, REAFFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 4836 W. WESTERN AVENUE, SOUTH BEND, INDIANA 46619 FOR NILKANTH PROPERTIES, LLC 12. BILLS OF FIRST READING BILL NO. 76-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 14, SECTION 17-128 TO UPDATE THE MONTHLY STORM WATER USER FEES 77-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10985-23 TITLED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS; AUTHORIZING THE ISSUANCE OF ADDITIONAL REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED THIRTY-SIX MILLION DOLLARS ($36,000,000) TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF; PROVIDING FOR THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS; ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 78-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2921 WEST WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 80-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1410 FORD STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS 14. NEW BUSINESS Cancellation of December 25, 2023, South Bend Common Council Meeting 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2023 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-24-2023) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Thomas Kurzhal, Citizen Member Henry Davis, Jr., Member Kaine Kanczuzewski, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Eli Wax, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Desmont Upchurch, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Maria Gibbs, Citizen Member Matthew Coats, Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Beth Sanford, Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Lori K. Hamann, Member Karen L. White, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Lakeyue Williams, Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing anne xation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2023 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2023) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member Personnel & Finance Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chair Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Community Relations Committee, Member Utilities Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance Committee, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Vice Chairperson Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson Utilities Committee, Member Community Relations Committee, Vice- Chairperson Filed in Clerk's 0ffic1a I NOV 08 2ml I DAWN M. JONES 0FFI CE OF THE CITY C ll.;_JL!......,-H,....~R=K -=-=50:..::..UT.:...:....:.H..:::..;;BE;:.;_;_;NDC-l..-'l-'-'-'N D AW ES, CITY CLERK MEMORANDUM TO: FROM: MEMBERS OF THE COMMON COUNCIL DAWN M. JONES, CITY CLERK SUBJECT: 2024 REGULAR COUNCIL MEETING NOTICE The following dates are for the South Bend Common Council meetings of 2024 to be held on the 2nd /4th Mondays of each month in the Council Chambers on the 4th floor of the County-City Building at 7:00 p.m. Any Special Meetings called by the South Bend Common Council will be given a separate notice. 2024 COMMON COUNCIL MEETING DATES Month Meeting Date Filing Deadline (By 12:00 P.M. Noon) January 2 nd N/A (Organizational Meeting) at 5:00 P.M. 3rd February March April May June VICTORIA A. TRL(JTLLO CHIEF D EPUTY/CHIEF OF STAFF 8 th 22nd 12th 26th 11th 25th 8th 22 nd 13th 17th 7th 21st 6th 2Qth 3rd 17th 8th 28th (Tuesday) 22 nd 1Qth 5 th 24th 19th INTEGRITY ! SERVICE ! ACCESSIB ILITY SHAYLA KIMBROUGH DEPUTY/DIRECTOR OF Poucv ADJIA SAMJJE DIRECTOR OF SPE.CIAL PROJECTS EXC ELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Bui lding I 227 W. Jefferson Blvd . I South Bend, Ind iana 46601 Ip 574.235.9221 If 574 .235.91731 www.sout hbendin .gov .CITY OF SOUTH BEND I OFFICE OF THE CLERK July Month August September October November December cc : Mayor Jame s Mueller Committee Meeting List Media 8th 3rd 22nd 17th Meetin~ Date Filing Deadline (By 12:00 P.M. Noon) 12th 7th 26th 21st 9th 4th 23rd 18th 14th 9th 28th 23rd 11th 6th 25th 2Qth 9th 4th 23rd 18th (Typically Cancelled) NOTICE FOR HEARING AN D SIGHT IMPAIRED PERSONS Auxiliary Aid or Olher Services may be Avai lable upon Request at No Charge. Please gi,·c Reasonable Advance Request when Possible Rev. 11.08.2023 Filed in Clerk's Office 1 I NOV O 8 2023 I 1 DAWN M. JONES CITY CLERK SOUTH BEND IN EXCELLENCE I ACCOUNTAB ILITY I INNOVAT ION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W. Jefferson Bvld South Bend , Ind iana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov November 7, 2023 CITY OF SOUTH BEND COMMUNITY INVESTMENT Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council Filed in Clerk�;O:,: :�--7 County City Building, 4th Floor South Bend, IN 46601 Dear Council Member Tomas Morgan, I / NOV 0 7 2023 J DAWN M. JONES CITY CLERK SOUTH BENL: Attached please find a proposed form of resolution approving a waiver of noncompliance, pursuant to Indiana Code 6-1.1-12.1-11.3, for Nilkanth Properties LLC, who is the owner of real property at 4836 W. Western Avenue in South Bend (Parcel number 71-08-08-426-012.000-026). Nilkanth Properties is requesting that the Common Council waive noncompliance with the filing deadline for tax deduction forms. In 2020, 2021, and 2022, the company filed Forms CF-1 /RE and 322/RE with the City of South Bend but inadvertently did not file the forms with the Auditor's office. In 2023, the Company filed the forms correctly but after the deadline. As a result of this filing error, the company did not receive a tax abatement pursuant to Resolution No. 4691-18 for these years. The waiver of noncompliance to be presented to the Common Council for consideration is for three years of non-filing, and for one-year of filing late. The Department of Community Investment endorses and supports this waiver as the company has exceeded requirements associated with the abatement. The estimated project cost in 2018 was $1.66 million, and the company reported that the actual project costs to date are $2.10 million. Despite challenges, including the pandemic, the restaurant employs a total of 50 people compared to the initially projected 45 new positions. Additionally, Nilkanth Properties has retained 14 full-time jobs and created 1 additional full-time position. We ask that the attached resolution be referred to the Community Investment Committee for an advisory recommendation and then heard at the Common Council meeting to be held on November 13, 2023. A representative from Nilkanth Properties, LLC will be present at the meetings. Should you require additional information, please contact me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY I INNOVATION INCLUSION I EMPOWERMENT 1400S County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 23-64 Filed in Clerk's 0fifi ilkanth Properties NOV 0 7 2023 07p5 Brownstone praiger, IN 46530 DAWN M.JONES CITY CLERK,SOUTH BEND, IN South Bend Common Council County City Building, 4th Floor South Bend, IN 46601 RE: Tax Abatement Waiver of Noncompliance Dear Common Council Members, On November 12, 2018, Nilkanth Properties, LLC, was granted a real property tax abatement for our facility at 4836 West Western Avenue in South Bend. The Common Council approved Resolution No. 4691-18, which established a 7-year abatement. We are requesting a waiver of noncompliance for failure to file Forms CF-I/RE and 322/RE for tax years 2020, 2021, 2022, and 2023. We filed the forms with the Department of Community Investment but failed to file the forms with the St. Joseph County Auditor's Office. This was a regrettable oversight that has been corrected, and we will file the forms with the correct office moving forward. At the time we received the abatement in 2018, estimated private investment for the real property associated with the project were $1 .66 million. Construction began in June 2019 to build the approximately 3100 sq ft. facility, and we completed the project in May 2020. The total cost of construction was about $1 .60 million. As of today, Dairy Queen Grill and Chill has committed $2.1 million to the project. Our investment in local businesses has grown, as well. The additional investment not only includes the initial movement and installation of equipment but has also provided for the purchase of new equipment, along with creating 04 d'S'z x' r z°tx 4 krw ; '' ga'4'`igY* t „., = ti ,..;?: 'zx^- greater need for continuous support of maintenance for both the property and building. We are committed to investing in our employees by increasing our starting wage rate as market competitive plus, which has deepened our employees' sense of job security. We employ 50 people, which exceeds the estimated number of 45 employees we provided in 2018. Since the completion of the Western Avenue location, Nilkanth Properties has retained 14 full-time jobs and added 1 new full-time job. The impacts of COVID and the pandemic are still a challenge we are working through, but we have increased the annual salary for our full-time employees by $85,000, excluding benefits. Forty percent (40%) of the spring/summer team members are under the age of 18, and we pride our business on molding the future young workers of South Bend. Thank you for your consideration of our request. Filed in Clerk's Office Warm Regards, Nov 07 2023 DAWN M.JmNESCMCLERKSOUTHBEND IN Vandna Patel vandna@michianadq.com / 574-327-9994 Filed in Clerk's Office BILL NO. 23-64 NOV 0 7 2023 RESOLUTION NO. 5061-23 DAWNCITYCLEK MJONESUTHBEND IN A RESOLUTION REAFFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 4836 W. WESTERN AVENUE, SOUTH BEND, INDIANA 46619 FOR Nilkanth Properties, LLC WHEREAS, on November 12,2018, the Common Council of the City of South Bend (the Common Council")adopted Resolution No.4691-18(the"2018 Resolution"),approving a seven- year (7) real property tax deduction for a Dairy Queen Grill & Chill located at 4836 W. Western Avenue, South Bend, Indiana 46619 (the "Building") by Nilkanth Properties, LLC (the Taxpayer")within an area located in the City of South Bend that had been designated an economic revitalization area in accordance with Indiana Code § 6-1.1-12.1 et seq.; WHEREAS, as part of the Taxpayer's deduction application, the Taxpayer described for the Common Council that Nilkanth Properties, LLC by the end of the three-year (3) designation period would (a) invest $1,660,661 to purchase and develop a new restaurant at 4836 W. Western Avenue, South Bend, Indiana 46619, and (b) create 20 new full-time jobs and 25 part-time jobs with a total estimated annual payroll of$741,000.00. WHEREAS, the Taxpayer completed construction of the Building and has met all objectives in its deduction application; WHEREAS, while the Taxpayer submitted its CF-1/RE and 322/RE forms to the City of South Bend Department of Community Investment in May 2020, May 2021, May 2022, and June 2023,the company may have inadvertently failed to timely and properly file the forms with the St. Joseph County Auditor; WHEREAS,the Common Council recognizes that the Taxpayer(a)has fulfilled its pledge to develop the Building; (b)has requested a waiver of its inadvertent oversight in failing to file the CF-1/RE and 322/RE forms for taxes due and payable in 2021, 2022, 2023 and 2024 with the St. Joseph County Auditor and instead filed forms with the wrong office to claim benefits of the tax deduction for the first four years of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, and (c) would have been entitled to receive the tax deduction for the first four years of the deduction period had no noncompliance event occurred; WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely or erroneous filing of an application form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original Statement of Benefits and its application for tax deduction related to the extension of a Dairy Queen Grill & Chill (the "Property"), and (b) inadvertent oversight leading to a belated filing or filing in the incorrect office of the CF-1/RE and 322/RE forms to claim the benefits of a tax deduction for the January 1, 2020, January 1, 2021, January 1, 2022, and January 1, 2023, assessment dates of the Property. SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has substantially fulfilled its projected plans to improve and conduct operations at the Property contemplated as part of the 2018 Resolution (the "Deduction") and that its belated/errant filing of applications required to claim the benefits of the Deduction as of for taxes due and payable in 2021, 2022, 2023, and 2024 was inadvertent. SECTION 3. The Common Council hereby waives all matters of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of the Deduction on its investment contemplated as part of the 2018 Resolution as of the January 1, 2020, January 1, 2021, January 1, 2022, and January 1, 2023, assessment dates, all as is permitted under Indiana Code 6-1.1- 12.1-11.3 (including specific waiver of any and all nonconformities relating to the requirement, under Indiana Code § 6-1.1-12.1-5 that economic revitalization area deduction applications be timely filed with the county auditor to claim property tax deductions for the 2020-Pay-2021,2021- Pay-2022 tax years, 2022-Pay-2023 and 2023-Pay-2024). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a)the 2018 Resolution; (b)the tax deduction application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 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 Filed in Clerk's Office NOV 0 7 2023 ECITYCP KN OPrH BEND IN TRANSFORMATION MINISTRIES 1101 King str I South Bend, IN 46616 574.299-3935 orlandomendez@Transformation5 8 .com TO: South Bend Indiana Clerk's Office SUBJECT: Alley/Street Vacation: East/West Street at 1101 King St. from Kessler Blvd. To Whom It May Concern, Transformation Ministries, a nonprofit based in Keller Park, is petitioning to vacate the east/west street at 1101 King St. from Kessler Blvd. As part of its mission to mentor the youth of South Bend through meaningful work, Transformation Ministries runs a lawncare and landscaping business that uses the 1101 King St. property to store its trucks, trailers, and other equipment. The vacation of the alley specified in this petition will: 1.Ensure our staff and the youth we employ are able to consistently back our trucks and trailers into our storage facilities. (When the alley is occupied by other vehicles or objects, it is impossible for us to adequately maneuver the equipment needed to provide our services). 2.Provide a solid surface on which to place our dumpsters, as mandated by the Health Department. We have received a favorable recommendation for our petition from the Board of Public Works and have already implemented their stipulations of 1) maintaining unobstructed access the fire hydrant; 2) leaving a three-foot clear space around the fire hydrant's circumference; and 3) prohibiting parking within 15 feet of the fire hydrant (see photo on the next page). Thank you for your consideration, and please let us know if you have any additional questions or concerns. Sincerely, K--/✓� Orlando Mendez Director of Facilities and Hospitality BILL NO. 62-23 O BILL NO. 62-23 ORDINANCE NO. 10976-23 Q ,J s 0 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PRO R : Part of the South Half of the Southwest Quarter of Section 35, Township 38 re Range 2 East of the 2nd Principal Meridian, Portage Township, St. Joseph Cou ty, Indiana being more particularly described as follows: Commencing at the Northeast corner of Lot 49 on the recorded plat of Northwest Addition 2nd plat in the Office of the Recorder of St. Joseph County, Indiana; thence South 90°00'00"East along the Southerly right of way line of McCartney Street, a distance of 72.90 feet; thence South 0°05'13"East a distance of 269.55 feet to the Northerly right-of-way line of King Street and the point of beginning of this description; thence continuing South 0°05'13"East a distance of 60.00 feet to the Southerly right-of-way line of said King Street; thence South 90°00'00" West along said Southerly right-of-way line a distance of 64.00 feet; thence North 0°05'13"West a distance of 60.00 feet to the Northerly right-of-way line of said King Street; thence North 90°00'00"East along the said Northerly right-of-way line a distance of 64.00 feet to the point of beginning of this description. Containing 3,840 Square Feet 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: Part of the South Half of the Southwest Quarter of Section 35, Township 38 North, Range 2 East of the 2nd Principal Meridian, Portage Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of Lot 49 on the recorded plat of Northwest Addition 2nd plat in the Office of the Recorder of St. Joseph County, Indiana; thence South 90°00'00"East along the Southerly right of way line of McCartney Street, a distance of 72.90 feet; thence South 0°05'13"East a distance of 269.55 feet to the Northerly right-of-way line of King Street and the point of beginning of this description; thence continuing South 0°05'13"East a distance of 60.00 feet to the Southerly right-of-way line of said King Street; thence South 90°00'00" West along said Southerly right-of-way line a distance of 64.00 feet; thence North 0°05'13" West a distance of 60.00 feet to the Northerly right-of-way line of said King Street; thence North 90°00'00"East along the said Northerly right-of-way line a distance of 64.00 feet to the point of beginning of this description. Containing 3,840 Square Feet 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 right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Parcel ID 018-2168-6182 and 018-2110-4067 Section IV. The purpose of the vacation of the real property is The adjoining owner to the north, Transformation Ministries, plans to use the vacated right of way of King Street to secure access to the east portion of the building. Maintenance equipment, trailers and the owner's vehicles will be stored in the building. This will allow the owner to access the this area of the building without any obstructions. 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 Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 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 Cleric's C ff:';:Filed in SEP 1 B 2023 i, '1, Revised September 27, 2022 riled•in Clerk'sOffice 1 SEP 18 2023 Pi IcowlM. o • CITY CLERK OUT ES v —1 0 00 IN I I I I 72.90' rthwethwest Addition nd2Plotst c0 in d' r7 N O 0) IL Northwest A dition 2 d Plot o 0 N in N 1 op o ft a. I o 1 co LLI J I Icr0_ 00 O IZ . QJI I J I J 1 J J .d J J o_ o d O I 1 H 5 J e c r P.O.B. j 1 o i I 64.00'\ ill., o s ;oo + N. — — 73"W 60.00' o LO 0 i op :i.. 0.4 0 73.5' mai5-vc-0 — O 64.00' i I oI y CANT II O0 M coN I o Ln co 2" J J O O 1 1J o \ H J oC\ iiim37 GRAPHIC SCALE KING STREET RIGHT OF WAY VACATION All4 TRANSFORMATION MINISTRIES, INC. 1101 KING STREET, SOUTH BEND 2810 Dexter Drive Elkhart, IN 46514 SHEET 1 r• SCALE: 1" = 60' Phone: 574-266-1010 OF 1 ENGINEER: DEBRA S. HUGHES P.E. Email: infoOsam.biz Z ECHNICIAN:AKM DRAWING:1022068741-DESIGN.DWG JOB NUMBER: 1022068741 City of South Bend BOARD OF ZONING APPEALS November 7, 2023 Common Council of South Bend 227 W . Jefferson Blvd, 4 th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd . 1400S South Bend , IN 46601 (574) 235-7627 Filed in Clerk 's Offic e -----. -DAWN M. Jv1\lt:S CITY CL ERK , SOIJ Tl--l f3 EN 0 , IN Re : 53 -23 : The petition of SHARI SELLERS seeking a Special Exception for 2 unit dwelling in the U1 Urban Neighborhood I for property located at 1132 PORT AGE A VE Dear Council Members: I hereby Certify that the above referenced petition of SHARI SELLERS was legally advertised on October 27, 2023 and that the So uth Bend Board of Zoning Appeals at its public hearing on November 6, 2023 , took the following action : Upon a motion by Kaine Kanczuzewski, being seconded by Mark Burrell and unanimously carried, a petition by SHARI SELLERS seeking a Special Exception for 2 unit dwelling for property located at 1132 PORT AGE A VE , 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 avai lable 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, Kari Myers Zoning Speciali st Attachment CC: SHARI SELLERS Shari Sellers Terri Sell ers-Olivarez Building Department Bob Palmer BILL NO. 53-23 Staff Report -BZA#0225-23 November 6, 2023 Property Information Location: 1132 PORTAGE AVE Filed in Clerk's Office Owner : SHARI SELLERS Project Summary Request a Special Exception to allow for the use of a duplex on a U1 Requested Action Special Exception : 2 unit dwelling Site Location Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation as presented . SOUTH BEND BOARD OF ZONING APPEALS Page 1 of3 Staff Report -BZA#0225-23 Proposed Site Plan SOUTH BEND BOARD OF ZO NING APPEALS November 6, 2023 Page 2 of 3 Filed in Clerk's Office Staff Report -BZA#0225-23 G ~~-i .~~ber6,202J CITY CLER~: .. ~_9U!H BEND, IN Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort , community moral standards, convenience or general welfare; Approval of the Special Exception should not be injurious to the public health , safety , morals and general welfare of the community . The building is existing and no exterior renovations are proposed at this time . residents to the neighborhood which will increase safety and the general welfare of the community . (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Legalizing a duplex should not injure or adversely affect the use or value of the adjacent properties provided the current residential building form is maintained. (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 use as a two unit dwelling will further complement the existing housing stock in the surrounding area and be visually indistinguishable from nearby one unit dwellings . The proposed use will provide more housing options for residents . (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1 .1: Encourage residential developments to contain a mix of housing types , densities, price ranges, and amenities. Analysis & Recommendation Analysis: Legalizing the use of the current two unit dwelling will further complement the existing housing stock in the surrounding area and is visually indistinguishable from nearby one unit dwellings. The proposed use will provide more housing options for residents . Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of3 City of South Bend BOARD OF ZONING APPEALS September 5, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1132 Portage Avenue Dear Committee Chair Hamann: Filed in Clerk's Office sEP 20 DAWN M. JONES-CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 11, 2023, meeting and set it for public hearing at your October 9, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the October 2, 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: A Special Exception to allow for the use of a duplex. 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, Kari Myers Zoning Specialist CC: Bob Palmer } County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 53-23 City of South Bend BOARD OF ZONING APPEALS November 7, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4 th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend , IN 46601 (57 4) 235-7627 Filed in Clerk 's Offic e NOV O 7 202j DAWN M. JO NES CITY CLE RK, SOUTH BEND, IN Re: 54-23: The petition of SHARI SELLERS seeking a Special Exception for 2 unit dwelling in the UI Urban Neighborhood 1 for property located at 1128 PORT AGE A VE Dear Council Members: I hereby Certify that the above referenced petition of SHARI SELLERS was legally advertised on October 27, 2023 and that the South Bend Board of Zoning Appea ls at its public hearing on November 6, 2023 , took the fo ll owing action: Upon a motion by Kaine Kanczuzewski , being seconded by Caitlin Stevens and unanimously carried, a petition by SHARI SELLERS seeking a Special Exception for 2 unit dwelling for property located at 1128 PORT AGE A VE, City of South Bend, is sent to the Common Coun cil with a favorab le recommendation, and will issue written Fin dings 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 o ur website once approved . If you have any questions, please feel free to contact our office . Sin cerely , Kari Myers Zoning Specialist Attachment CC: SHARI SELLERS Shari Se ll ers Terri Selers-O li varez Building Department Bob Palmer BILL NO. 54-23 Staff Report -BZA#0226-23 November 6, 2023 Property Information Location : 1128 PORTAGE AVE Owner : SHARI SELLERS Filed in Clerk 's Office I ----, Project Summary I M' :" ; I • -.. _:: Request a Special Exception to allow for the use of a duplex on a U1 zoned lot. Requested Action Special Exception : 2 unit dwelling Site Location Staff Recommendation Based on the information provided prior to the public hearing , the staff recommends the Board send the petition to the Common Council with a favorable recommendation as presented . SO UT H BEND BO ARD OF ZO NING APP EA LS Page I of3 \. Staff Report -BZA#0226-23 Proposed Site Plan SOUTH BEND BO ARD OF ZONING APP EALS November 6, 2023 Page 2 of3 Staff Report -BZA#0226-23 A Special Exception may only be granted upon making a writt the evidence presented at a public hearing, that: Filed in Clerk's Ott; er 6','~@23 (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 as reactivating a vacant large dwelling will provide more residents to the neighborhood which will increase safety and the general welfare of the community . (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Adding an additional unit to an existing building should not injure or adversely affect the use or value of the adjacent area or property values, provided the current residential character is maintained . Renovation of the building should strengthen nearby property values and prevent the building from deteriorating . (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 two unit dwelling will be consistent with the character of the district and neighborhood in both use and style of construction . The property immediately to the north is currently a two unit dwelling . (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H 1.1 : Encourage residential developments to contain a mix of housing types , densities, price ranges , and amenities. Analysis & Recommendation Analysis: The conversion and rehab of a current one unit dwelling to a two unit dwelling will further complement the existing housing stock in the surrounding area . The proposed use will provide more housing options for residents . Staff Recommendation: Based on the information provided prior to the public hearing , the staff recommends the Board send the petition to the Common Council with a favorable recommendation as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of3 City of South Bend BOARD OF ZONING APPEALS September 5, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1128 Portage Avenue Dear Committee Chair Hamann: Filed in Clerk's Office I SEP O 5 2023_ : DAWN M. JONES CI T Y CLERK. SO\.iTHBENL-. :'i..J Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 11, 2023, meeting and set it for public hearing at your October 9, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the October 2, 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: A Special Exception to allow for the use of a duplex. 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, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 54-23 City of South Bend BOARD OF ZONING APPEALS November 7, 2023 Common Council of South Bend 227 W . Jefferson Blvd, 4 th Floor South Bend, IN 46601 Co u nty-Cit y Bu i lding 227 W. Jefferson Bl vd. 140 0S So uth Bend , IN 4660 1 r---------.(57 4 23 5-762 7 Fil ed in Clerk;;Office NOV O 7 202 3 c,rv cP:W~ Ni~o7ies --..:::::..:.:AK~. ~8 ~E'i BENO, IN Re: 55-23: The petition of TEACHERS CREDIT UNION seeking a Special Exception for a free standing sign in a Downtown zoning district in the DT Downtown for property located at 110 MAIN Dear Council Members : I hereby Certify that the above referenced petition of TEACHERS CREDIT UNION was legally advertised on October 27, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on November 6, 2023 took the following action: Upon a motion by Mark Burrell, being seconded by Kaine Kanczuzewski and unanimously carried, a petition by TEACHE RS CREDIT UNION seeking a Special Exception for a free standing sign in a Downtown zoning district for property located at 110 MAIN , 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, Kari Myers Zoning Specialist Attachment CC : TEACHERS CREDIT UNION Autumn Wimmer Building Department Bob Palmer BILL NO. 55-23 I Staff Report -BZA#0228-23 November 6, 2023 n orma ,on Property I f t --.~--. Location: 110 MAIN Filed in Clerk's Offic e Owner: TEACHERS CREDIT UNION Project Summary NOV O 7 2023 Installation of monument sign in DT Downtown zoning district. DAWN M. JONES Re uested Action q c,rv ett::RK, setm, Bl::NE>, IN Special Exception : a free standing sign in a Downtown zoning district Site Location 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 an unfavorable recommendation . Should the Board recommend approval of a freestanding sign at this location, it is recommended it follow monument signage standards for the NC Neighborhood Center district, i.e . maximum 32 square feet in area and, 8' in height. If it is determined the sign is located within City right-of-way, it would need to be relocated . SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report -BZA#0228-23 Novemb er 6 , 2023 Proposed Site Plan SITE MA P Site Plan ~------------------------West Wasington St.--------------------- l!!J +t -- I JOI NAM (.: SIGHPAC:KA&E ADDKSS: IIO$tul.h a,i..Mn $t. I C1TY/SlATL Stw18tfid.i, nu: 1000t~t,t0,1UM1r,11kudtU! • sw.~a-,1Ht..col sA1.D 1 !IElSYWkE APl'ttOVN..S: I OAT?: ll•IS..21. I .,.,,_,,,.,, o, ''" l •lt."'°"' .,,.,, I W,0.#:8000.D OJOflJ SO UTH BEND BOARD OF ZONING APPEALS rm Ill Page 2 of 3 Filed in c,~~k ';---- Staff Report -BZA#0228-23 Nuv U I :ttaz3 m er 6, 023 A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use may not be injurious to the public health, safety , comfort , community moral standards, convenience or general welfare . However, it is inconsistent with the intent of the ordinance . The DT Downtown zoning district is designed to be pedestrian orineted in scale. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use may injure or adversely affect the use of the adjacent area or property values therein as the sign is out of scale for the built environment and visually imposing . (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 sig11 is not consistent with the character of the district as freestanding signs in the DT Downtown District are not permitted. There are no practical difficulties or unique characteristics that support the the need for a freestanding sign . (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is not consistent with South Bend City Plan (2006) policy UD1; Enhance the aesthetic appeal of the built environment. Analysis & Recommendation • Analysis: There are no practical difficulties or unique characteristics for the petitioner that would necessitate a monument sign at this location. 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 an unfavorable recommendation . Should the Board recommend approval of a freestanding sign at this location, it is recommended it follow monument signage standards for the NC Neighborhood Center district, i.e. maximum 32 square feet in area and , 8' in height. If it is determined the sign is located within City right-of-way, it would need to be relocated . SO UTH BE D BO ARD OF ZO NING APPEALS Page 3 of3 Filed in Clerk's Office City of South Bend BOARD OF ZONING APPEALS SEP O 1 '2023 I J DA\/\/N ,. JONE.S September 5, 2023 CITY CLERK. SOIJTl-f 8END, IN Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 110 S Main Street Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 11, 2023, meeting and set it for public hearing at your October 9, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the October 2, 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: A Special Exception to allow for a freestanding sign in OT Downtown District 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, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 55-23 BILL NO. 75-23 Filed in Clerk's Office i BILL NO. 75-23 OCT 19 2023 ORDINANCE NO. 10989-23 DAWN M,JONES CITY CLERK,SOUTH REND, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 900 S FRANKLIN COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from S1 Suburban Neighborhood 1 to U1 Urban Neighborhood 1. NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT NUMBERED THREE (3) AND FOUR (4) AS SHOWN ON THE RECORDED PLAT OF SAM WILLIAMS ADDITION, AN ADDITION TO THE CITY OF SOUTH BEND, AS RECORDED NOVEMBER 4, 1954, IN PLAT BOOK 19, PAGE W OF THE RECORDS OF SAID COUNTY IN ST. JOSEPH COUNTY, INDIANA COMMONLY KNOWN AS 1119 N TWYCKENHAM DRIVE be and the same is hereby established as Urban Neighborhood 1. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.070)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 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 Office OCT 19 2023 DAWN q-- CITY Ci BEND,IN 2 - BILL NO. 50-23 August 23, 2023 City of South Bend PLAN COMMISSION Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 23114 Lincolnway West PC#0l72-23 Dear Ms. 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 I AUG 2 3?023 DAWN M. JONES CITY CLERK, SOUTH BENO, IN Enclosed is an Ordinance forthe proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for firstreading at your August 28, 2023, Council meeting, and set it for public hearing at your October 23, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the September 18, 2023 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwardedto the Officeof the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Petitioners desire to annex and zone the property to I Industrial to allow for the development of a carwash and detail facility forcar rental businesses at the airport. If you have any questions, please feel free to contact our office. Sincerely, Upn Angela Smith Zoning Administrator CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 50-23 RECEIVED AUG 2 1 2023 City of South Bend Petition for Annexation and Rezoning or Combined Public Hearing Property Information Tax Key Number: 71-03-32-480-004.000-008 Property Address: 23114 LINCOLN WAY W Property Owner: ST JOSEPH COUNTY AIRPORT AUTHORITY Legal Description of Annexation Area: (include any adjacent rights of way not already in the City) See Attached Deed Information and Legal Description for Parcel II Project Summary The St Joseph County Airport Authority is developing this land into a carwash and detail facility available to the rental car businesses that use the airport, and plan to connect to the City sanitary sewer and municipal water. Rezoning County Zoning Map at ttttos.llwvwsicindianacom/QQ6/ZoninQM4a City Zoning Map at:hltosllsouthbendinQov/zoning Current Zoning District(County): C Commercial District 0 Select One Additional Districts,if applicable Proposed Zoning District(City): I Industrial Select One 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. Additional Requested Actions (check all that apply and include additional required documentation) Subdivision -complete and attach Subdivision Application Special Exception -complete and attach Criteria for Decision Making 0 Variance(s)-list variances below, complete and attach Criteria for Decision Making See attached List of Requested Variances P A 1 D AUG 2 1 2023 Per Page 1 of 2 f vl J Annexation Application Checklist 1.Completed Application Form 2.Site Plan(drawn to scale) 3.Subdivision Application(if required) 4. Criteria for Decision Making (if required) 5. Filing Fee Contact Information Name: Robert Heiden of JPR (Jones Petrie Rafinski) Address: 325 S Lafayette Blvd Phone Number: 574-323-4388 Email: rheiden@jprl source.com Property Owner Information (attach additional ownership list on separate page,if necessary) Property Owner: ST JOSEPH COUNTY AIRPORT AUTHORITY Property Owner Address: 4477 Progress Dr, South Bend, IN 46628 Property Owner: Property Owner Address: By signing this petition, the Petitioner/Property Owner(s)of the above described Real Estate acknowledge(s)they are responcible 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. 44/‘//// Michael Daigle 8/21/2023 Property Owner Signature Property Owner Name Printed Date Property Owner Signature Property Owner Name Printed Date Completed applications should be submitted in one of the following ways: Email: zoning®southbendin.gov Mail: 227 W.Jefferson Blvd., Suite 1400S, South Bend, IN 46601 Page 2 of 2 List of Requested Variances Variance to not construct public sidewalks where sidewalks are required under the I—Industrial Zoning requirements. The reason for requesting no sidewalks is this is all airport property and there are no pedestrians or places to walk to through this mostly vacated stretch of Lincolnway, on the south side of the airport. Variance to not install bicycle racks for parking,where they may be required by the ordinance. The reason for no bicycle parking is this is a private facility that will not have customers of any kind. This carwash,and vehicle maintenance facility,will only be accessible by rental car employees with a scan card to take care of and service the fleet vehicles. NI '0N39 Hl(lOS')48310)LL10 S3NOC•W NMVO I itilE2OZEZOnd ' 0 . J i _ 01440 s.1-1e10 u! pale O F 0! a MOSS RD I 3 e O9r5 a 0 143111 i4104kill LRw1 1.:141.21::::i 1 p O ; O 0 F I ife 1 O / ikt • t//0 ; , : 44•:,,,„.........1 p it o NT 10.010101.00 I` ill 1 gF Ii:e x 3 R' p le E 55 g g i iiii ii S ©©© O©0000 000 b 1i° ! P% D i 124 € ii€ 41` ,77 T. E .. 0 rn8 i @ : itig 8 I1 ° 1 33 ; 1; iEFi11imd : g pg-pI if 5 4 1 g •igi 1 €s t R 4H! 0111 1 5E £3a k I I Q $C ',s: a 11 b f x f g' G e 5 9 i g e:r ,•e YYY a w 3 3 3 9 g 9 S 9 ? 3 9 w ? j R 5 ale g g" eq' _ £ " w ! ! ! ! ! ! ! ! ! i 8 ® b d ' BQ686B659 'n P 9aB iit 6H Y6YY683 888E8iibi'1 l FS 1 Y $ i SOUTH BEND INTERNATIONAL AIRPORT 1 " £ CAR WASH SITE PLANS L. y ` J 0 N E s a fETRIE n SOUTH KENO INTERNATIONALA T + y, f RIS J... RAfINSKI q ++. sr s.r_`• t SITE DIMENSIONAL PLAN e1' e..,m" " •++ Filed in Clerk's Office SUTH d NOV 0 / 20d •W a pe DAWN M.JONES CITY CLERK,SOUTH BEND,IN 1865 CITY OF SOUTH BEND DEPATV E\T OF U 3LIC WORKS November 7, 2023 Ms. Sharon McBride President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance amending Chapter 17, Article 14 of the South Bend Municipal Code to revise storm water rates for non-residential customers Dear President McBride: Attached is a bill for consideration by the South Bend Common Council addressing changes to the monthly storm water user fee for non-residential customers. Chapter 17, Article 14, of the South Bend Municipal Code was amended in 2021 to establish a hybrid rate system with residential customers continuing to be charged a flat fee while non- residential customers having a multi-tiered impervious-based stormwater rate. This was done to better align the cost of service for parcels generating larger amounts of runoff. Due to challenges in implementing an impervious-based rate into the current billing and customer account management software, the proposed amendments are meant to implement a simplified rate structure for non-residential customers. This will give the City more time to develop the multi- tiered approach that is deemed overall fair and equitable to everyone within a user class. The proposed amendment will implement the rate for Non-Residential Tier 1 customers to all other tiers in 2024 and 2025. I will present the ordinance changes to Council at its upcoming meeting. As always, thank you for your consideration. Sincerely, 44.LIAAA.Ar_i Jitin Kain Deputy Director EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT 1316 County-City Building 227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9251 I f 574.235.9171 I www.southbendin.gov BILL NO. 76-23 Filed in Clerk's Oftice BILL NO. 76-23 NOV 0 7 2023_I ORDINANCE NO. 10990-23 DAWN M.JONES CITY CLERK,SOUTH BEND,II AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 14, SECTION 17-128 TO UPDATE THE MONTHLY STORM WATER USER FEES STATEMENT OF PURPOSE AND INTENT Chapter 17, Article 14, of the South Bend Municipal Code was amended in 2021 to establish a hybrid rate system with residential customers continuing to be charged a flat fee while non-residential customers having a multi-tiered impervious-based stormwater rate. This was done to better align the cost of service for parcels generating larger amounts of runoff.Due to challenges in implementing an impervious-based rate into the current billing and customer account management software, the proposed amendments are meant to implement a simplified rate structure for non-residential customers. This will give the City more time to develop the multi- tiered approach that is deemed overall fair and equitable to everyone within a user class. The proposed amendment will implement the rate for Non-Residential Tier 1 customers to all other tiers in 2024 and 2025. This ordinance is necessary for the effective, efficient operation of the City's storm water utility. This ordinance is in the best interest of the City and its residents. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 17, Article 14, Section 17-128 shall be amended as follows: d) Monthly Rates 2022 2023 2024 2025 Residential 2.00 2.00 2.25 2.50 Non-Residential 5.00 6410 $5.00 7.00 8.00 Tier 1 Non-Residential 8.00 10.00 12.00 $7.00 14.00 $8.00 Tier 2 Non-Residential 10.00 14.00 18.00 $7.00 22.00 $8.00 Tier 3 Non-Residential 16.00 22.00 28.00 $7.00 34.00 $8.00 Tier 4 Non-Residential 20.00 35.00 50.00 $7.00 65.00 $8.00Tier5 1 SECTION II. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 2023 Sharon McBride, President, South Bend Common Council ATTEST: Dawn M. Jones, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock .m. Dawn M. Jones, 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 Cie,,t_------- NOV 0 7 2023 DAWN M.JONES CITY CLERK,SOUTH BEND, 2 BILL NO. 77-23 A-1 EXHIBIT A PROJECT DESCRIPTION The Project consists of the design, acquisition, construction, and installation of certain additions, extensions and improvements to the Sewage Works, including, but not limited to: 1. Final Clarifier Nos. 1-3 influent channel improvements, including new concrete influent channel cover; and abandoned RAS pits fill and cover; 2. Final Clarifier Nos. 1-3 rehabilitation, including replacement sludge collector mechanisms (GPR), effluent weirs, scum baffle and launders; new density current baffles and scum removal equipment; modified return sludge piping; conversion from rim feed to center feed type (GPR) with new influent piping and junction box; structural repairs; and replacement handrailing; 3. Final Clarifier Nos. 1-3 flow control improvements, including relocated influent gates; instrumentation and SCADA; and associated electrical work; and 4. Associated site work, including grading, seeding, sidewalk, and piping. 5. Wastewater Treatment Plant Hydraulic Improvements project includes: a. Modifying the primary effluent channel and primary clarifier effluent flumes with a parallel effluent channel; and b. Replacing the existing 60-inch diameter Final Clarifier Nos. 6 and 7 influent piping with 84-inch diameter piping. 6. CSO 045 EQ Basin project includes: a. CSO 045 diversion structure, including screens and control gates; b. 40 MGD inlet pump station, including four centrifugal flow pumps; c. 3.0 MG circular prestressed concrete basin, partial buried with open top, modulating effluent plug valve and drain system, and radial flushing system; d. CSO 045 overflow structure; e. Control building, electrical and instrumentation, and standby power generator; and f. Site work, including interceptor piping, site piping, access drive, and fencing. The Project is more particularly described in the separate Preliminary Engineering Reports and the Plans and Specifications each as approved by the Indiana Finance Authority (IFA) – State Revolving Fund (SRF). BILL NO. 78-23 City of South Bend BOARD OF ZONING APPEALS November 7, 2023 NOV U 7 2023 Honorable Lori Hamann DAWN M.JONES CITY CLERK,SOUTH BEND, IN 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1410 Ford Street 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 13, 2023, Council meeting and set it for public hearing at your November 27, 2023, Council meeting. The petition was considered at the November 6, 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: A Special Exception to allow for the use of a duplex. 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, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 I www.southbendin.gov/zoning BILL NO. 80-23 BILL NO. 80-23 Filed in Clerk's Office ORDINANCE NO. 10994-23 NOV 0 7 2023 DAWN M.JONES CITY CLERK,SOUTH BEND 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 1410 FORD STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a duplex. 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: 1410 Ford Street, South Bend, IN. 018-3085-3423 In order to permit a two-unit dwelling. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 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 Nov 07 2023 DAWN M.JONES CITY CLERK SOUTH BEND it•.: 2 -