HomeMy WebLinkAbout01-08-2024 Agenda PacketMEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: BIANCA L. TIRADO, CITY CLERK
DATE: THURSDAY, JANUARY 4, 2024
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, January 8, 2024:
Council Chambers
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
The Council Chambers will be Open to the Public. Members of the Public May Attend this Meeting
Virtually via Microsoft Teams Meeting app here: http://tinyurl.com/010823CC
4:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER
1.Bill No. 24-01- Correcting Scrivener's Error: Retail Development Real Property Tax
Abatement Petition for Peak Investment and Asset Management LLC
2.Bill No. 24-02- Confirming Resolution- Mixed-Use Development Real Property Tax
Abatement Petition for the Nexus Center, LLC
5:00 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS
1.Bill No. 83-23- 603, 607, 611, 615, 617, 619, and 621 West Marion Street Rezoning
2.Bill No.86-23- Special Exception at 3001, 3011 and 3015 West Western Avenue
Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Zoning & Annexation Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, S. 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
1
SOUTH BEND COMMON COUNCIL
M EETING A GENDA
Monday, January, 8, 2024
7:00 P.M.
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:
http://tinyurl.com/SBCC010824
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME:_____
BILL NO.
83-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 603, 607, 611, 615, 617, 619,
AND 621 WEST MARION STREET, COUNCILMANIC DISTRICT NO. 1 IN
THE CITY OF SOUTH BEND, INDIANA
86-23 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 3001, 3011 AND 3015 WEST WESTERN, COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
2
8. BILLS ON THIRD READING TIME:______
BILL NO.
83-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 603, 607, 611, 615, 617, 619,
AND 621 WEST MARION STREET, COUNCILMANIC DISTRICT NO. 1 IN
THE CITY OF SOUTH BEND, INDIANA
86-23 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 3001, 3011 AND 3015 WEST WESTERN, COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
9. RESOLUTIONS
BILL NO.
24-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION
NO. 5031-23 AS ADOPTED ON AUGUST 28, 2023, CORRECTING
SCRIVENER’S ERROR IN RESOLUTON 5031-23 AS ADOPTED ON JUNE 26,
2023, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 1405 PORTAGE AVENUE,
SOUTH BEND, IN 46616 AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR
PEAK INVESTMENT AND ASSET MANAGEMENT LLC AND
CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5040 - 23 TO
CORRECT INCORRECT BILL AND RESOLUTION NUMBERS IN
RESOLUTION NO. 5031-23 AS ADOPTED ON AUGUST 28, 2023, AND
CONFIRMING THE ADOPTION OF RESOLUTION NO. 5031-23 AS
ADOPTED ON JUNE 26, 2023
24-02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3607 SOUTH MAIN
STREET, SOUTH BEND, INDIANA 46614 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR (9) REAL
PROPERTY TAX ABATEMENT FOR THE NEXUS CENTER, LLC
3
10. BILLS ON FIRST READING
BILL NO.
01-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED 3931 PORTAGE ROAD AND
VACANT LOT ADJACENT TO AND WEST OF 3931 PORTAGE ROAD
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
02-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED 711 LELAND AVENUE
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
03-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED 734 SOUTH WALNUT STREET
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
04-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED 1610 AND 1612 HILDE COURT
COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,
INDIANA
05-24 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY:THE FIRST EAST-WEST ALLEY SOUTH OF
JEFFERSON BLVD BETWEEN NOTRE DAME AVENUE AND THE NORTH-
SOUTH ALLEY TO THE EAST OF NOTRE DAME AVENUE
06-24 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY:THE ALLEY NORTH/SOUTH BETWEEN
MONROE STREET AND WESTERN AVENUE TO THE EAST AND WEST,
AND BETWEEN LAFAYETTE BLVD. AND MAIN STREET NORTH AND
SOUTH
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
4
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English
version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
2024 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-04-2024)
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.
Troy Warner, Chairperson Sherry Bolden-Simpson, Member
Rachel Tomas-Morgan, Vice-Chairperson Citizen Member
Ophelia Gooden-Rodgers., Member 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.
Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member
Canneth Lee, Vice-Chairperson Sherry Bolden-Simpson, 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 Troy Warner, 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.
Rachel Tomas Morgan, Chairperson Troy Warner, Member
Dr. Oliver Davis, Vice-Chairperson Citizen Member
Karen L. White, 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
Sherry Bolden-Simpson, Vice-Chairperson Citizen Member
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 Dr. Oliver Davis, Member
Troy Warner, Vice-Chairperson Rachel Tomas Morgan, 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 Karen L. White, Member
Troy Warner, Vice-Chairperson Canneth Lee, Member
Rachel Tomas Morgan, Member Citizen Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Publi c Works and
related public works and property vacation issues.
Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member
Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member
Citizen Member Citizen Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member
Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member
Citizen Member Citizen Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers, and all related matters.
Sherry Bolden-Simpson, Chairperson Troy Warner, Member
Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member
Citizen Member Citizen Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Dr. Oliver Davis, Chairperson Sheila Niezgodski, Member
Ophelia Gooden Rodgers, Vice-Chairperson Karen L. White, Member
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 Sherry Bolden-Simpson, Member
2024 COMMON COUNCIL STANDING COMMITTEES (Rev.01-04-2024)
CANNETH LEE, 1ST District Council Member
Chairperson, Committee of the Whole
PARC Committee, Chairperson Personnel & Finance Committee, Member
Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member
Community Relations Committee, Vice-Chairperson
OPHELIA GOODEN-RODGERS, 2nd District Council Member
Community Relations Committee, Chairperson Utilities Committee, Member
Zoning & Annexation Committee, Vice-Chairperson Residential Neighborhoods 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 Investment Committee, Chairperson Health & Public Safety Committee, Member
Personnel & Finance Committee, Vice-Chairperson Utilities Committee, Member
PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member
Council Rules Committee, Member
SHERRY BOLDEN-SIMPSON, 5TH District Council Member
Utilities Committee, Chairperson Community Relations Committee, Member
Information & Technology, Vice-Chairperson Community Investment Committee, Member
Public Works & Property Vacation Committee, Member
Sub-Committee on Minutes, 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 Community Relations Committee, Member
DR. OLIVER DAVIS, AT LARGE Council Member
Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member
Utilities Committee, Vice-Chairperson PARC Committee, Member
Health and Public Safety Committee, Vice-Chairperson
RACHEL TOMAS MORGAN, AT LARGE Council Member
Information & Technology Committee, Chairperson PARC Committee, Member
Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member
Committee Investment Committee, Vice-Chairperson
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhoods Committee, Chairperson Health & Public Safety Committee, Member
Public Works & Property Vacation, Vice-Chairperson Zoning & Annexation Committee, Member
Personnel and Finance Committee, Member
City of South Bend
PLAN COMMISSION November 21, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 4660 I RE: 603,607,611,615,617,619, and 621 West Marion Street PC#O 151-23 Dear Ms. Hamann: County-City Building
22 7 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574)235-7627
www.southbendin.gov/zoning
Filed in Clerk's Office
NOV 2 1 207.�
DAWN M. JONES CITY CLERK, SOUTH BEND, INEnclosed 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 27, 2023, Council meeting, and set it for public hearing at your January 8, _024, Council meeting. The petition is tentatively scheduled for public hearing at the December 18, 2023, 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: Petitioners desire to rezone the property from NC Neighborhood Center to U3 Urban Neighborhood 3 to allow a new multi-family residential development. If you have any questions, please feel free to contact our office. Sincerely, j( a./u._ /)�Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran
Planning Director
Angela Smith
Zoning Administrator
S-cott Ford
Commission President
BILL NO. 83-23
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City of South Bend
PLAN COMMISSION
December 19, 2023
South Bend Common Council
227 W. Jefferson Blvd., 4th Floor
South Bend, IN 46601
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574)235-7627
www.southbendin.gov/zon i ng
Re: Bill#83-23 -A proposed ordinance of DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND to zone from NC Neighborhood Center to U3 Urban Neighborhood 3, property located at 603,
607,611,615,617, & 621 MARION ST, City of South Bend-PC# 0151-23
Dear Council Members:
I hereby Certify that the above referenced ordinance of DEPARTMENT OF REDEVELOPMENT, CITY
OF SOUTH BEND was legally advertised on December 8, 2023 and that the South Bend Plan
Commission at its public hearing on December 18, 2023 took the following action:
Upon a motion by Jason Piontek, being seconded by Caitlin Stevens and carried, a proposed
ordinance of DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND to zone from NC Neighborhood Center to U3 Urban Neighborhood 3, property located at 603, 607, 611, 615, 617, & 621 MARION ST, City of South Bend, is sent to the Common Council with a FA VO RAB LE
recommendation.
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 the public hearing are
available in our office and will be posted on our website once approved.
Sincerely,
Kari Myers
Zoning Specialist
Attachment CC: DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND
Bob Palmer
Tim Corcoran
Planning Director
Angela Smith
Zoning Administrator
Scott Ford
Commission President
BILL NO. 83-23 ORDINANCE NO. 10997-23 Filed in Clerk's Office
-DAWN M.JUf\JESCITY CLE_RK. ;3qUTH BEf\JD IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 603,607,611,615,617,619, AND 621 WEST MARION STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The proposed project includes construction of multi-unit residential dwellings on vacant lots
owned by the City of South Bend
Petitioners desire to rezone the properties from NC Neighborhood Center to U3 Urban
Neighborhood 3 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows: SECTION I. Ordinance No. I 0689-19, 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:
Fifty-four (54') feet off of and from the South End of the East one-half(l/2) of Lot
Numbered 66, and Fifty-four (54') feet off of and from the South End of the East one-half
(1/2) of Lot Numbered 65, as shown on the recorded Plat of Henricks and Grant's
Addition to the Town, now City of South Bend, Indiana; Lot 66 W l-2 Henricks &
Grants; Lot Numbered l O and the North Half of Lot Numbered 11 in Kent and Garrison's
Subdivision of Out Lot Numbered l of Hendrick's and Grant's Addition to the Town,
now City of South Bend, Indiana, as per plat thereof recorded August 13, 1881 in Plat
Book 4, page 16 in the Office of the Recorder of Saint Joseph County, Indiana,
EXCEPTING THEREFROM 6 feet off the Westerly side of said Lot 11; S ½ Lot 11 Ex 6
Wly Side Kent & Garrison Add; Lot 12 Excluding 9' Off East Side and Lot 13 Smith &
Jacksons Sub; Lot 14 Smith & Jacksons Sub
Parcel Numbers:
State ID: 71-08-02-476-051.000-026/018-1021-0868
State ID: 71-08-02-4 76-049.000-026/018-1021-0869
City of South Bend
BOARD OF ZONING APPEALS
December 6, 2023
Honorable Lori Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 3001, 3011 and 3015 West Western Avenue
Dear Committee Chair Hamann:
Fil ed in Clerk's Offi�e
DEC O 5 2023
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 December 11,
2023, Council meeting and set it for public hearing at your January 8, 2024, Council meeting. The
petition is tentatively scheduled for public hearing at the January 2, 2024, 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:
Vehicle Service, Minor
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,
t(a_/u__ /)�
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. 86-23
BILL NO. 86-23 ORDINANCE NO. 11000-23 /-Filed in Clerk's Office/ I DEC O 5 2023 ]
,..,;-n, DA"'?) M. ,JONES ; ',;__·, CLER�,. SOUTH BENO INAN 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 3001, 3011 AND 3015 WEST WESTERN, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND.,INDIANA STATEMENT OF PURP OSE AND INTENT Request a Special Exception to allow for the use of Minor Vehicle Service NOW, THERE�ORE, 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 Petitionfrom the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Ex;ception be granted for property located at: 3001 'West Western 018-4055-2040 3011 West Western 018-4055-2038 3015 West Western 018-4056-2079 In order to permit Vehicle Service, Minor SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby findsthat: 1.The proposed use will not be injurious to the public health, safety, comfort, communitymoral standards, convenience, or general welfare;2.The proposed use will not injure or adversely affect the use of adjacent area of propertyvalues therein;3.The proposed use will be consistent with the character of the district in which it islocated, and the land uses authorized therein;
January 3, 2024
CITY OF SOUTH BE
COMMUNITY INVESTMENT
Council Member Rachel Tomas Morgan
Chairperson
Community Investment Committee
South Bend Common Council
County-City Building, 4th Floor
South Bend, Indiana 46601
Filed in Clerk's Office
JAN, O·3-Z.024
RE: Resolution Correcting Scrivener's Error: Retail Development Real Property Tax
Abatement Petition for Peak Investment and Asset Management LLC
Dear Council Member Tomas Morgan:
Please find the enclosed resolution correcting a scrivener's error in Resolution No. 5031-23 as
adopted by the Common Council on August 28, 2023. The resolution adopted in August was
numbered incorrectly; it was assigned bill and resolution numbers that were previously
assigned. This new resolution would correct the numbering of the August-adopted resolution.
Resolution No. 5031 as adopted on August 28, 2023, corrected a scrivener's error in the
Declaratory and Confirming Resolutions for a tax abatement granted to a development at the
corner of Portage Avenue and Elwood Avenue. The Common Council passed those resolutions
on June 26, 2023, and July 10, 2023, respectively.
If you or any of the other Council members have questions concerning the report or need
additional information, please feel free to call me at (574) 235-5838.
Sincerely,
<_)/
Erik Glavich
Director, Growth and Opportunity
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
14005 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov
BILL NO. 24-01
Fits� in Gtirk 1s � ·---===--BILL NO. 24-01 / ,I C\: n � pn?4 / RESOLUTION NO. Leri. �7 •�\ ,..•"'1_i• -:: .. i\; : A RESOLUTION OF THE COMMON COUNCIL OF THE c--m-�SOUTH BEND, INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5031-23 AS ADOPTED ON AUGUST 28, 2023, CORRECTING SCRIVENER'S ERROR IN RESOLUTON 5031-23 AS ADOPTED ON JUNE 26, 2023, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1405 Portage Avenue, South Bend, IN 46616 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVEYEAR (5) REAL PROPERTY TAX ABATEMENT FOR Peak Investment and Asset Management LLC AND CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5040-23 TO CORRECT INCORRECT BILL AND RESOLUTION NU MBERS IN RESOLUTION NO. 5031-23 AS ADOPTED ON AUGUST 28, 2023, AND CONFIRMING THE ADOPTION OF RESOLUTION NO. 5031-23 AS ADOPTED ON JUNE 26, 2023 WHEREAS, on June 26, 2023, the Common Council of the City of South Bend,
Indiana, adopted Resolution No. 5031-23 designating a certain area within the City as an
Economic Revitalization Area for the purpose of tax abatement consideration; and
WHEREAS, Resolution No. 5031-23 as adopted on June 26, 2023, designated the area
described as: Key Number: Commonly Known As: Legal Description: 7 l-03-35-360-020. 000-026 1405 Portage Avenue Lot C Victory Add & Vac Alley N & Adj & Ex Se Tri Car to City 20/21 Con w/ OJ 8-2182-6830 Per Assessors Req JC 6-1.1-5-16 an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq. and
South Bend Municipal Code Sections 2-76 et seq.; and
BILL NO. 23-34
CITY OF SOUTH BEND
COM MUNITY INVES TMENT -F-il-ed_i_n_Cl-e r-l '_ll _Off-ic-e---,
August 23, 2023
Council Member Rachel Tomas Morgan
Chairperson
Community Investment Committee
South Bend Common Council
County-City Building, 4th Floor
South Bend, Indiana 46601
I AUG 2 � ��nI i.....,..0-AW_N....,.M-. ....,.J-::'.0>:-.N-:::E�S-CITY CLERK, SOUTH BEND IN
RE: Resolution Correcting Scrivener's Error: Retail Development Real Property Tax
Abatement Petition for Peak Investment and Asset Management LLC
Dear Council Member Tomas Morgan:
Please find the enclosed resolution correcting a scrivener's error in Resolution No. 5031-23, a
Declaratory Resolution adopted by the Common Council on June 26, 2023, and Resolution No.
5040-23, the subsequent Confirming Resolution adopted by the Council on July 10, 2023.
Collectively, these two resolutions provide a real property tax abatement for a retail
development by Peak Investment and Asset Management LLC.
The development receiving the abatement will consist of two retail buildings and a parking lot
over three parcels at the corner of Portage Avenue and Elwood Avenue. Unfortunately, the
abatement resolutions adopted by the Council included only one of the parcels and
inadvertently and in error excluded the other two parcels. The new resolution to be presented to
Council for consideration will add the two parcels to the abatement and correct the error.
If you or any of the other Council members have questions concerning the report or need
additional information, please feel free to call me at (574) 235-5838.
Sincerely,
/' i
�
lb --.. . ..._/
Erik Glavich
Director, Growth and Opportunity
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
14005 County-C,ty Building 22 7 W Jefferson Blvd South Bend. ,nd,ana 46601 D 5 7.\ 235 9371 www southbend,n ROv
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
January 3, 2024
Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council
i ed·;n Cler�l?s bHfce
'A�J 'a tr ?024
4th Floor, County City Building CITY CLERK SOUTH BEN South Bend, Indiana 46601 '� . D, l
RE: Confirming Resolution: Mixed-Use Development Real Property Tax Abatemen� Petition for the Nexus Center, LLC
Dear Council Member Tomas Morgan:
Please find the enclosed information pertaining to a mixed-use development real property tax abatement petition submitted by the Nexus Center, LLC, an Indiana Limited Liability Company. The petitioner plans to complete the renovation of the former Praxair building located at 3607 S. Main Street and is found south of downtown South Bend. This petition package includes:
•Department of Community Investment's summary report•Petition for abatement•Statement of Benefits form (SB-1 / Real Property)•Supporting information
The report contains the Department's findings relative to the above-mentioned petition. The petitioner will complete the remodel of the ~20,000 sq. ft building which will include a commercial kitchen, a great hall, an auditorium, muti-purpose community event spaces including outdoor space, and an outdoor amphitheater. The total private investment for the last phase of the remodel is projected to cost $800,000.
The project meets the requirements established by Sections 2-80, et seq. and would qualify for a nine-year (9) mixed-used development real property tax abatement. Representatives from the Nexus Center, LLC will be available to meet with the Committee on Monday, January 8, 2024.
Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at (574) 235-5836.
Sincerely, , 4, __...-' / /,?/ 1(/ ;· Mark Bemenderfer Manager Business Development
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION I EMPOWERMENT
14005 County-City Building 227W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov
BILL NO. 24-02
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MEMORANDUM OF AGREEMENT
(MIXED-USE REAL PROPERTY TAX ABATEMENT)
This Memorandum of Agreement (Agreement) dated as of December 19, 2023, serves as
confirmation of a commitment by THE NEXUS CENTER, LLC (the “Applicant”), pending a January
8, 2024, public hearing, to comply with the project description, job creation and retention (and
associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and
attachments and this Agreement.
1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of
this Agreement, the property is located at 3607 S. Main St, South Bend, Indiana 46614, and has Key
Number 71-08-24-353-001.000-026. Throughout the duration of the abatement, the Applicant shall
promptly report any changes in the address or Key Number of the property receiving the abatement to
the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant
also shall report any material changes or improvements made to the property subject to the abatement
including changes as the result of subdividing, replatting, or otherwise. The Applicant agrees that
failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant
under the commitments of this Agreement.
2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and
a Confirmatory Resolution by the South Bend Common Council (the “SBCC”), the City of South Bend,
Indiana, (the “City”) commits to provide a nine-year (9) mixed-use real property tax abatement for
the Applicant, based on the Applicant’s commitment set forth in its Application. The Applicant
commits to the following (the “Commitments”):
(a) making total combined real property expenditures of approximately Eight Hundred
Thousand dollars ($800,000.00) for the development of a commercial kitchen, a great hall, an exterior
community space and amphitheater, and a multi-purpose community event space at property identified
in Section 1 of this Agreement;
(b)creating approximately ten (10) permanent full-time jobs with a total estimated annual
payroll of approximately Four Hundred Sixteen Thousand dollars ($416,000.00) within three (3) years
of the tax abatement; and
(c) acting in good faith to complete the project as described in its Application.
3.Applicant’s Compliance with City and State Laws. During the term of the abatement, the
Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled “Tax
Abatement Procedures,” and all governing provisions of the Indiana Code. During the term of this
abatement, the City may annually request information from the Applicant concerning the nature of the
Project, the approved capital expenditure of the Project, the number of full-time permanent positions
newly created by the Project, and the average wage rates and salaries (excluding benefits & overtime)
associated with the positions, and the Applicant shall provide the City with adequate written evidence
thereof within fifteen (15) days of such request (the “Annual Survey”). The City shall utilize this
information and the information required to be filed by the Applicant in the CF-1 Compliance with the
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Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments
after the Commitment Date and during the duration of the abatement and for no other purpose. The
Applicant further agrees to provide the City with such additional information as requested by the City
to determine Applicant’s compliance with the Commitments and with local and state requirements
within twenty (20) days following any such request. Notwithstanding anything herein to the contrary,
the Applicant acknowledges that the City may be required to disclose certain documents provided by
the Applicant as required by a court order or applicable law.
4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC,
reserves the right to terminate the Economic Revitalization Area designation and associated property
tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts
to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, and the
Applicant’s failure to substantially comply with the Commitments was not due to factors beyond its
reasonable control, as described in Section 5 below.
5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the
Applicant shall only include factors not reasonably foreseeable at the time of designation application
and submission of Statement of Benefits which are not caused by any act or omission of the Applicant,
and which materially and adversely affect the ability of the Applicant to substantially comply with this
Agreement. Applicant has the burden to communicate to the City any such factors in which it believes
is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement
benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant
under this Section 5 to the fullest extent possible and may deny Applicant’s request upon the
completion of the City’s investigation.
6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the
Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County,
Indiana; or (b) cease operations at the facility for which the tax abatement was granted; or (c) announce
the cessation of operations at such facility, then the City may immediately terminate the Economic
Revitalization Area designation and associated tax abatement deductions, and upon such termination,
require Applicant to repay all of the tax abatement savings received through the date of such
termination.
7. Notice/Hearing of Termination. In the event that the City determines that the Economic
Revitalization Area designation and associated tax abatement deductions should be terminated or that
all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such
determination, including a written statement calculating the amount due from the Applicant, and will
provide the Applicant with an opportunity to meet with the City’s designated representatives to show
cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall
state the names of the person with whom the Applicant may meet and will provide that the Applicant
shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its
evidence concerning why the abatement termination and/or tax savings repayment should not occur.
If, after giving such notice and receiving such evidence, if any, the City determines that the abatement
termination and/or the tax repayment action is proper, the Applicant shall be provided with written
notice and a hearing before the SBCC before any final action shall be taken terminating the abatement
3
and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination
to a St. Joseph County Superior or Circuit Court.
8. Repayment. In the event the City requires repayment of the tax abatement savings as provided
hereunder, it shall provide Applicant with a written statement calculating the amount due (the
“Statement”), and Applicant shall make such repayment to the City within one hundred twenty (120)
days of the date of the Statement. If the Applicant does not make timely repayment, the City shall be
entitled to all reasonable costs and attorneys’ fees incurred in the enforcement of this Agreement and
the collection of the tax abatement savings required to be repaid hereunder.
9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit
A contain the entire understanding between the City and the Applicant with respect to the subject
matter hereof, and supersede all prior and contemporaneous agreements and understandings,
inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This
Agreement may not be modified or amended other than by an agreement in writing signed by the City
and the Applicant. The Applicant understands that any and all filings required to be made or actions
required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant.
10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy,
power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or
partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the
same or of any other right, remedy, power, or privilege with respect to any occurrence or be construed
as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver
shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
11. Governing Laws of Indiana. This Agreement and all questions relating to its validity,
interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts
of the State of Indiana.
12. Applicant’s Consent to Jurisdiction. The Applicant hereby irrevocably consents to the
jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court
in connection with any action or proceeding arising out of or relating to this Agreement or any
documents or instrument delivered with respect to any of the obligations hereunder, and any action
related to this Agreement shall be brought in such County and in such Court.
12. Notices. All notices, requests, demands, and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been received when delivered by
hand or by facsimile (with confirmation by registered or certified mail) or on the third business day
following the mailing, by registered or certified mail, postage prepaid, return receipt requested, thereof,
addressed as set forth below:
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If to Applicant: The Nexus Center, LLC
3607 S Main St,
South Bend, IN 46614
Attn: Pastor David Buggs
If to the City: City of South Bend, Indiana
227 W. Jefferson Boulevard, Suite 1400S
South Bend, Indiana 46601
Attn: Executive Director of Community
Investment
13. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the
benefit of the City and the Applicant and their successors and assigns, except (a) that no party may
assign or transfer its rights or obligations under this Agreement without the prior written consent of
the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may
assign and transfer its rights under this Agreement to the Permitted Assign without prior written
consent. “Permitted Assign” means the affiliated single purpose entity created for purposes of
designing, constructing, owning, operating, and maintaining the project which is the subject of this
Agreement.
14. Valid and Binding Agreement. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original as against any party whose signature
appears thereon, and all of which shall together constitute one and the same instrument. By executing
this Agreement, each person so executing affirms that he has been duly authorized to execute this
Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation
of the party.
15. Severability. The provisions of this Agreement and of each section or other subdivision herein
are independent of and separable from each other, and no provision shall be affected or rendered invalid
or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or
unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby.
16. No Personal Liability. No official, director, officer, employee, or agent of the City shall be
charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of
defense or be held personally liable to the Applicant under any term or provision of this Agreement or
because of the execution by such party of this Agreement or because of any default by such party
hereunder.
[Signature Page Follows]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
“Applicant”
The Nexus Center, LLC
By: __________________________________
Pastor David Buggs
Manager
The Nexus Center, LLC
Approved as to Legal Adequacy and Form this
__________ day of ____________, 2024.
Counsel, South Bend Common Council
_____________________________________
Counsel for Applicant
_____________________________________
“City”
City of South Bend, Indiana
By: __________________________________
Sharon McBride
President, South Bend Common Council
By: __________________________________
Rachel Tomas Morgan
Chairperson, Community Investment
Committee
By: __________________________________
Erik Glavich
Department of Community Investment
By: __________________________________
James Mueller
Mayor
David Buggs
6
EXHIBIT A
Abatement Schedule
Subject to the adoption by the SBCC of a resolution confirming the adoption of Declaratory Resolution
No. 5062-23, the property owner is qualified for and is granted a mixed-use real property tax
abatement for a period of nine (9) years as shown by the schedule outlined below.
Year 1 - 100%
Year 2 - 100%
Year 3 - 95%
Year 4 - 95%
Year 5 - 90%
Year 6 - 90%
Year 7 - 85%
Year 8 - 85%
Year 9 - 80%
December 19, 2023
City of South Bend
PLAN COMMISSION
Honorable Committee Chair Hamann
4th Floor, County-City Building
South Bend, IN 46601
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574)235-7627
Filed in Clerk's Office r . JAN p 2 2024
DAWN M. JONES CtTY CLERK, SOUTH BENO, IN
RE: 3931 Portage Road and Vacant Lot Adjacent to and West of 3931 Portage Road
PC#0186-24
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
January 8, 2024, Council meeting, and set it for public hearing at your January 22, 2024L Council
meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, 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:
Rezone property from S2 Suburban Neighborhood 2 to C Commercial.
If you have any questions, please feel free to contact our office.
Sincerely,
Kari Myers
Zoning Specialist
CC: Bob Palmer
Tim Corcoran
Planning Director
Angela Smith
Zoning Administrator
Scott Ford
Commission President
BILL NO. 01-24
December 19, 2023
City of South Bend
PLAN COMMISSION
Honorable Committee Chair Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: 711 Leland Avenue -PC#0187-24
Dear Committee Chair Hamann:
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574)235-7627
w w:sout-t-li:>endin.gov/zooir.1!::1---.... Filed in Clerk's OfficeG��-□2i024
-DAWN·r,4�0::-1e;c�_ CITY CLERK, SOUTH BEND, IN
(� "'T"tn,../,D
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
January 8. 2024. Council meeting, and set it for public hearing at your January 22, 2024, Council
meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, 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:
Rezone property from U2 Urban Neighborhood 2 to UF Urban Flex
If you have any questions, please feel free to contact our office.
Sincerely,
Kari Myers
Zoning Specialist
CC: Bob Palmer
Tim Corcoran
Planning Director
Angela Smith
Zoning Administrator
Scott Ford
Commission President
BILL NO. 02-24
City of South Bend
PLAN COMMISSION
December 19, 2023
Honorable Committee Chair Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: 734 S. Walnut Street -PC#0185-24
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'�-Office
[ .,:�2202�
DAWN M. JONESCITY CLERK, SOUTH BEND IN.. '
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
January 8. 2024. Council meeting, and set it for public hearing at your January 22, 2024L Council
meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, 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:
Rezone property from U1 Urban Neighborhood 1 to NC Neighborhood Center
If you have any questions, please feel free to contact our office.
Sincerely,
Kari Myers
Zoning Specialist
CC: Bob Palmer
Tim Corcoran
Planning Director
Angela Smith
Zoning Administrator
Scott Ford
Commission President
BILL NO. 03-24
City of South Bend
PLAN COMMISSION
December 19, 2023
Honorable Committee Chair Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: 1610 and 1612 Hilde Court-PC#0188-24
Dear Committee Chair Hamann:
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574)235-7627
�av/zoning
Filed in Clerk's Office
l;·n220 �
DAWN M. JONES CITY CLERK, SOUTH BEND, IN
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
January 8, 2024. Council meeting, and set it for public hearing at your January 22, 2024L Council
meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, 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:
Rezone property from U1 Urban Neighborhood 1 to UF Urban Flex
If you have any questions, please feel free to contact our office.
Sincerely,
Kari Myers
Zoning Specialist
CC: Bob Palmer
Tim Corcoran
Planning Director
Angela Smith
Zoning Administrator
Scott Ford
Commission President
BILL NO. 04-24
South Bend Common Council
4th Floor County City Building
227 W. Jefferson
South Bend, IN 46601
January 3, 2024
Dear Honorable Council,
Filed in Clerk's Office
JAN 03'��0
�N .&4, JONES -CITY CLERK, SOUTH BEND, IN
��
Please accept this Ordinance to vacate the paper alley adjacent to my property. We have resided at
914 E. Jefferson for a little over 3 years. In that time, the alley south of our property has been
overgrown grass that has never been used for access. The alley approach on Notre Dame A venue
is used as a private driveway of sorts for my neighbor, providing access to what used to be a
parking lot when it was a business. The alley to the east has already been vacated. Our block is
quite short, just over 400', far below the requirement for a mid-block connection. The only
purpose the alley serves is access for the utility companies for the electric/phone/cable lines in the
alley. The propose ordinance preserves those rights via a utility easement.
We are seeking this approval at this time because we would like to construct a small ancillary
dwelling unit for our aging parents. By vacating the alley, we will be able to set the small
accessory home (800 sq.ft.) at the current property line and use the vacated alley as a means of
meeting our setback. With the utility easement in place, no construction will occur in the vacated
alley. We investigated a development variance from the BZA, but where told by the Staff that the
appropriate action was the vacate the alley. Historical aerials show that this alley has never been
used. Recent changes in development ( conversions from businesses to homes on this block) make
access from that alley unlikely. The home at the comer of Notre Dame and Jefferson already has
direct access to Notre Dame. The only other property abutting the alley, as well as our own, has
access from the heavily used north-south alley.
We respectfully request approval to vacate this alley. While we prefer not to remove the approach
on Notre Dame because of the frequency in which the utility companies use that access point, we
understand it is a current City policy to remove the approach when the alley is vacated.
Thank you for your consideration.
zr;k� � !IiAngela M. Smith
BILL NO. 05-24
Filed in Clerk's Office
432 S. Lafayet te Blvd.
South Bend, IN 46601
MINISTRIES
Phone: 574.235.4150
Fax: 574.289.7801
www.hopesb.org
January 3, 2024
Office of the City Clerk
South Bend, IN
Re: Hope Ministries Request to the City of South Bend to Vacate a Portion of an Alley
We submit this letter to provide information as to the reason Hope Ministries is requesting the
City of South Bend to vacate a portion of the alley between Western Ave. and Monroe St. to the
north and south, and between Main St. and S Lafayette Blvd. to the east and west.
Hope Ministries has provided housing and support to those experiencing homelessness in South
Bend for 70 years. Currently, approximately 100 men, women and children live with us in our
main building at 432 S Lafayette Blvd. Among the housing we offer are 18 two-bedroom
apartments for families and single mothers. We have a wait list of 3 to 6 months for families
who need a safe place to live and find stability in their lives for their future. Hope would like to
add an additional 6 apartments for families so that we might be able to care for more families
who need housing and who want to be part of the program we offer. In addition to the six new
apartments Hope would like to improve the quality of housing we offer single men. In order to
accomplish these objectives, we need to remodel several areas of our existing main building.
This renovation requires that we move a portion of our non-residential program to the adjacent
building which we own at 211 W. Monroe St. This building is immediately across the alley from
our main building. We need to connect the two buildings for the safe and efficient operation of
Hope Ministries.
The portion of the alley we are petitioning the City to vacate is adjacent to four parcels. Hope
Ministries own three of these. The remaining building is owned by H V Properties (Michoacan
Supermarket). The part of their building that abuts the alley has no door or window openings
into the alley. We will not be establishing any permanent barriers to the alley allowing full
access by utility companies to all points of service currently existing in the alley.
Vacating the portion of the alley we have requested will allow Hope to move forward with
planning so that we might house and serve more of the most vulnerable members of our
community.
Thank you for your consideration.
s;;::::�/J __ _
Director of Ministry Partnerships
HEAL TRANSFORM TH RIVE
BILL NO. 06-24