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05-28-2025 Agenda Packet
OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Matthew Neal Margaret Gotsch DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, MAY 22, 2025 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Wednesday, May 28, 2025: 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: https://tinyurl.com/052825CC 5:00 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1.Bill No. 25-27 - Resolution to Approve the Issuance of a Scrap Metal / Junk Dealers / Recycling Operation License for Alternative Two (2) LLC (Substitute) 5:15 P.M. COMMUNITY RELATIONS CHAIRPERSON, GOODEN-RODGERS 1.Bill No. 25-31 - Appointing Dr. Dé Bryant to a One (1) Year Term as a Member of the Community Police Review Board 5:25 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1.Discussion – Proposed Revisions to the Building Department Ordinance Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Public Works & Property Vacation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2.Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov 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 Wednesday, May 28, 2025 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: https://tinyurl.com/SBCC052825 1. INVOCATION PASTOR DANIEL CHO | FIRST PRESBYTERIAN CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES MAY 12, 2025 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ 8. BILLS ON THIRD READING TIME:______ 9. RESOLUTIONS BILL NO. 25-27 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSE FOR CALENDAR YEAR 2 2025 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE (SUBSTITUTE) 25-31 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL APPOINTING DR. DÉ BRYANT TO A ONE YEAR TERM AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD 10. BILLS ON FIRST READING BILL NO. 31-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 314 WEST CHIPPEWA AVENUE COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 32-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1037 WEST COLFAX AVENUE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ 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. 2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-28-2025) 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 Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member Ophelia Gooden-Rodgers, 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. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Alice Marie Pickens, Citizen 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. Canneth Lee, Member Troy Warner, Member Rachel Tomas Morgan, 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 Sharon McBride, Member Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Member Savino Rivera Jr., Citizen Member 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 Sharon McBride, Member Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member 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. Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member Karen L. White, Vice- Chairperson Troy Warner, Member 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 Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member Citizen 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 Dr. Oliver Davis, Member Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member 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 Ophelia Gooden-Rodgers, Member Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member Gabriel Murei, 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 Sheila Niezgodski, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Firdia Johnson, Citizen Member Joseph Mayer, 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 Troy Warner, Member Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member Henry Davis Jr., Citizen Member Stacey Odom, 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 2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025) CANNETH LEE, 1ST District Council Member President Council Rules Committee, Member OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Public Works & Property Vacation Committee, Vice-Chairperson Community Investment Committee, Member PARC Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Member Information & Technology Committee, Member TROY WARNER, 4TH District Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson Council Rules Committee, Member Public Works & Property Vacation, Member PARC Committee, Member Sub-Committee on the Minutes, Member Zoning & Annexation Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member Utilities Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member Utilities Committee, Vice-Chairperson Information & Technology Committee, Member Personnel & Finance Committee, Member Health & Public Safety Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Vice-President Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Zoning & Annexation Committee, Vice-Chairperson Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson City of South Ben d Community In vestm en t Filed in Clerk's Office May 21,2025 Bianca Tirado City Clerk, South Bend, IN South Bend Common Council City of South Bend 227 W.Jefferson Blvd. South Bend, IN 46601 RE: SUBSTITUTE BEE.Resolution to approve the issuance of a Scrap Metal/Junk Dealers/Recycling Operation License pursuant to Section 4-51 of the South Bend Municipal Code. Dear Honorable Council Members: On May 12,2025,the Common Council tabled Bill No.25-27 due to concerns that were not addressed. The bill is not changing,but I am submitting additional materials and information to address the concerns that were raised during said meeting. A renewal application for the operation of Scrap Metal/Junk Dealers/Recycling Operations has been received. In accordance with the procedure for the renewal of city business licenses this application was submitted to the Police Department,Fire Inspection Bureau,Neighborhood Resources,and the Zoning Department for their review and recommendation. The following property was inspected and received favorable recommendations regarding fire,code,and environmental compliance,also for proper maintenance of the premises,and the height and condition of the fence. Alternative Two LLC—700 W.Chippewa Ave. SBPD PROCESS—Investigates each applicant and makes a recommendation as to whether the license should be granted. SBPD considers the criminal history,if any,and the likelihood that granting the license will endanger the health,safety,or welfare of the public. Ensure applicants do not have any warrants or wants with SBPD. Verify the applicant is not involved in any criminal investigations. Applicants must electronically report to SBPD on a daily basis. Businesses that obtain items though legal purchases such as an auction and then sell through their business are not required to report and the non-reporting status is considered compliant. Video Surveillance required. Excellence Visit Phone County-City Building 311 inside City limits Accountability 227 W Jefferson Blvd,Suite 1400 S 574)233-031 1 outside City limits Innovation South Bend,IN 46601 Inclusion Em ail:31I(cr outhbendin.zov Empowerment Website: Southbendin.gov Substitute Bill 25-27 City of South Bend Conn/nunitylnvestment SBPD found nothing considerable to warrant that the application be denied. As a result, SBPD recommends that the license be issued. CODE—Determines whether such premises are fit &proper for the maintenance &operation of such a business. Fencing is in good condition;verified by Code &Zoning. Is there litter or debris around the exterior part of the business. Are there improperly parked vehicles. Are there any environmental issues. SBFD- Determines whether such premises are fit &proper for the maintenance &operation of such a business. Ensure there are no combustible materials,and all inflammable materials must not be stored on premises. Storerooms&garages must be free from rubbish,waste materials,old rags &paper. Oil,gasoline,oily waste and other greasy material must be stored in metal waste cans. Proper number of fire extinguishers must be in close proximity to areas within such scrap or junkyards..wherein trash,metal or other waste materials may be burned,&keep &maintain therein an unobstructed fire truck lane of at least 10 feet in width into such yard from the main entrance. Ensure waste oil containers are double lined or have secondary containment with some sort of berm around the tanks to keep them from being hit by vehicles. If hot work(welding or cutting)is being done on the premises it must be set up away from the oil storage area &other combustibles. ZONING— Verifies the use of the property is allowed. The property is considered Legal Non-Conforming. ENVIRONMENT— Verifies through IDEM's Virtual File Cabinet (VFC)and the Environemental Protection Agency(EPA)that the property does not have active notices of violation. All reviewing agencies found the property to be compliant and recommend the license be issued. Because the applicant has met all the requirements of the ordinance,the attached resolution is respectfully submitted for your consideration. Sincerely, AM Michelle Adams Business License Administrator Excellence Visit Phone County-City Building 311 inside City limits Accountability 227 W Jefferson Blvd,Suite 1400 S 574)233-031 1 outside City limits Innovation South Bend,IN 46601 Inclusion Em ail:31 1(u southbendin.gov Empowerment Website:Southbendin.eov Filed in Clerk's Office SUBSTITUTE BILL NO. 25-27 RESOLUTION NO.Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSE FOR CALENDAR YEAR 2025 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and WHEREAS, on May 6, 2025, the Business License Administrator provided written notice to the City Clerk that the following business: Alternative Two LLC—700 W. Chippewa Ave. has been approved for Scrap Metal Dealer, Junk Dealer, and/or Recycling Operations License for the year 2025; and WHEREAS, the license application for the above-referenced business received favorable recommendations from Neighborhood Resources,Zoning Department,Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The license application for the following business: Alternative Two LLC—700 W. Chippewa Ave. Is approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the property by Neighborhood Resources, Zoning Department, Police Department, and the Fire Prevention Bureau as evidenced by the Business License Administrator's communication to the City Clerk dated May 6, 2025. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana State of Indiana Office of the Secretary of State Certificate of Organization Filed in Clerk's Office of 2 ? ALTERNATIVE TWO LLC Bianca Tirado City Clerk, South Bend, IN I, DIEGO MORALES, Secretary of State, hereby certify that Articles of Organization of the above Domestic Limited Liability Company have been presented to me at my office, accompanied by the fees prescribed by law and that the documentation presented conforms to law as prescribed by the provisions of the Indiana Code. NOW,THEREFORE, with this document I certify that said transaction will become effective Tuesday, May 13, 2025. STATF•Q In Witness Whereof, I have caused to be affixed my y signature and the seal of the State of Indiana, at the City 01 -<,,r t,,:, 1,3„:" • lgZik "y of Indianapolis, May 14, 2025. i4/3Wwol,*n 4 DIEGO MORALES 1816 SECRETARY OF STATE 202505131891151/ 10835761 To ensure the certificate's validity,go to https://bsd.sos.in.gov/PublicBusinessSearch APPROVED AND FILED DIEGO MORALES INDIANA SECRETARY OF STATE 05/14/2025 10:12 AM ARTICLES,' QR Ti Formed pursuant to the provisions of the Indiana Code. BUSINESS ID 202505131891151 BUSINESS TYPE Domestic Limited Liability Company BUSINESS NAME ALTERNATIVE TWO LLC PRINCIPAL OFFICE ADDRESS 700 West Chippewa Ave,South Bend,IN,46614,USA TICL :':- c,STERED OFFICE AND AD REGISTERED AGENT TYPE Individual NAME Kenneth Schumacher ADDRESS 700 West Chippewa Ave,South Bend,IN,46614,USA SERVICE OF PROCESS EMAIL mashe11e00@yahoo.com I acknowledge that the Service of Process email provided above is the email address at which electronic service of process may be accepted. PERIOD OF DURATION Perpetual EFFECTIVE DATE 05/13/2025 EFFECTIVE TIME 07:07AM i riii r it l:4 1 i:Lri I X a: ;ail:i f ii e: TITLE Member NAME Kenneth Douglas Schumacher ADDRESS 700 West Chippewa Ave,700 West Chippewa Ave,South Bend,IN,46614,USA MANAGEMENT INFORMATION THE LLC WILL BE MANAGED BY MANAGER(S) Yes Page 1 of 2- APPROVED AND FILED DIEGO MORALES INDIANA SECRETARY OF STATE 05/14/2025 10:12 AM THE SIGNATOR(S)REPRESENTS THAT THE REGISTERED AGENT NAMED IN THE APPLICATION HAS CONSENTED TO THE APPOINTMENT OF REGISTERED AGENT. THE UNDERSIGNED,DESIRING TO FORM A LIMITED LIABILITY COMPANY PURSUANT TO THE PROVISIONS OF THE INDIANA BUSINESS FLEXIBILITY ACT EXECUTES THESE ARTICLES OF ORGANIZATION. IN WITNESS WHEREOF,THE UNDERSIGNED HEREBY VERIFIES,SUBJECT TO THE PENALTIES OF PERJURY,THAT THE STATEMENTS CONTAINED HEREIN ARE TRUE,THIS DAY May 13,2025. THE UNDERSIGNED ACKNOWLEDGES THAT A PERSON COMMITS A CLASS A MISDEMEANOR BY SIGNING A DOCUMENT THAT THE PERSON KNOWS IS FALSE IN A MATERIAL RESPECT WITH THE INTENT THAT THE DOCUMENT BE DELIVERED TO THE SECRETARY OF STATE FOR FILING. SIGNATURE Kenneth Schumacher TITLE Member Business ID:202505131891151 Filing No: 10835761 Page 2of2- City of South Bend Filed in Clerk's Office Corn m unit In vestm en ty o 6 ?n'5 Bianca Tirado City Clerk, South Bend, IN May 6,2025 South Bend Common Council City of South Bend 227 W.Jefferson Blvd. South Bend,IN 46601 RE: Resolution to approve the issuance of a Scrap Metal/Junk Dealers/Recycling Operation License pursuant to Section 4-51 of the South Bend Municipal Code. Dear Honorable Council Members: A renewal application for the operation of Scrap Metal/Junk Dealers/Recycling Operations has been received. In accordance with the procedure for the renewal of city business licenses this application was submitted to the Police Department, Fire Inspection Bureau,Neighborhood Resources,and the Zoning Department for their review and recommendation. The following property was inspected and received favorable recommendations regarding fire,code,and environmental compliance,also for proper maintenance of the premises,and the height and condition of the fence. Alternative Two LLC—700 W.Chippewa Ave. SBPD PROCESS—Investigates each applicant and makes a recommendation as to whether the license should be granted. SBPD considers the criminal history, if any,and the likelihood that granting the license will endanger the health,safety,or welfare of the public. Ensure applicant does not have any warrants or wants with SBPD. Verify the applicant is not involved in any criminal investigations. Applicants must electronic report to SBPD on a daily basis. Video Surveillance required. SBPD found nothing considerable to warrant that the application be denied. As a result, SBPD recommends that the license be issued. CODE— Determines whether such premises are fit &proper for the maintenance &operation of such a business. Fencing is in good condition;verified by Code &Zoning. Is there litter or debris around the exterior part of the business. Excellence Visit Phone County-City Building 311 inside City limits Accountability 227 W Jefferson Blvd,Suite 1400 S 574)233-0311 outside City limits Innovation South Bend,IN 46601 Inclusion Email:311 n outhbendin.aov Empowerment Website:Southbendin.aov yam` City of South Bend Comin unity lnvestment Are there improperly parked vehicles. Are there any environmental issues. SBFD- Determines whether such premises are fit &proper for the maintenance &operation of such a business. Ensure there are no combustible materials,and all inflammable materials must not be stored on premises. Storerooms&garages must be free from rubbish,waste materials,old rags &paper. Oil,gasoline,oily waste and other greasy material must be stored in metal waste cans. Proper number of fire extinguishers must be in close proximity to areas within such scrap or junkyards..wherein trash,metal or other waste materials may be burned,&keep &maintain therein an unobstructed fire truck lane of at least 10 feet in width into such yard from the main entrance. Ensure waste oil containers are double lined or have secondary containment with some sort of berm around the tanks to keep them from being hit by vehicles. If hot work(welding or cutting)is being done on the premises it must be set up away from the oil storage area&other combustibles. ZONING— Verifies the use of the property is allowed. Each property is considered a legal nonconforming use. ENVIRONMENT—None of the properties have active notices of violation. All reviewing agencies found the property to be compliant and recommends the license be issued. Because the applicant has met all the requirements of the ordinance,the attached resolution is respectfully submitted for your consideration. Sincerely, 414m0 Michelle Adams Business License Administrator Excellence Visit Phone County-City Building 311 inside City limits Accountability 227 W Jefferson Blvd,Suite 1400 S 574)233-0311 outside City limits Innovation South Bend,IN 46601 Inclusion Em ail:311 gsouthbendin.gov Empowerment Website:Southbendin.gov Filed in Clerk's Office 0 6 2025 BILL NO. 25-27 Bianca Tirado RESOLUTION NO.City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSE FOR CALENDAR YEAR 2025 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and WHEREAS, on May 6, 2025, the Business License Administrator provided written notice to the City Clerk that the following business: Alternative Two LLC—700 W. Chippewa Ave. has been approved for Scrap Metal Dealer, Junk Dealer, and/or Recycling Operations License for the year 2025; and WHEREAS, the license application for the above-referenced businesse received favorable recommendations from Neighborhood Resources,Zoning Department,Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The license application for the following business: Alternative Two LLC—700 W. Chippewa Ave. Is approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the property by Neighborhood Resources, Zoning Department, Police Department, and the Fire Prevention Bureau as evidenced by the Business License Administrator's communication to the City Clerk dated May 6, 2025. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana For as municipal business license questions,contact: City of South Bend•Ordinance Violation Bureau 227 West,efferson Blvd•Suite 455*South Bend,Indiana 46601•574.235.6052•f 574.235.9173 Vr LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS Filed in Clerk's Office CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 P?AY 0 6 ?O'5 Bianca Tirado City QI2rk,South Bend, IN I.APPLICATION TYPE Check One: New Renewal A.Scrap Metal Dealer Junk Dealer Recycling Operation_ II. BUSINESS DATA 11nn T A. Business Name: I[ yy' V lam 1( U a B. Business A Tess: City: State: I&) Zip: C. Mailing Address(If different from above). City: State:" V T Zip: D. Business Telephone Number:-t15 4 -caC1"at1 - 55c E. Business Fax Number: q-o F. E-Mail Address: YIexQS.hel Ie.0:94ib,Y,(1 G. Zoning of Proposed Business Location L l L (5r r H. How long has the business been in continuous operation: l;{•r5 I.Lot Size of Premises: I J IC•17S J. Type of Fencing Used: __ ott,9 re_- Gi_I(k/1 al K. Is the Property Owned or eased by the Applicant: j)(AD G Lc=,1 1. Name of Owner if Property is Leased: , q / 2. Business Address of Owner: J t(C L)IJ. l L tt t::k)! .-1tT1r1 1'Jt1)0 Please Continue to Page 2(back of sheet) Q— 9 A50 , FEB 0 3 7(r) For o lce Use Only APR 2 4 2025ApplicationFiledFireDept.Approval Application Fee PaicfEB 0 3 nitiiDept.Approval Fhb 0 6 2025 Sent to Dept. FED ' Code Enforcement F EB 1 7 7f7s Police Dept. Records Approva Police Dept.Crime Prey.Approval Common Council Ap rrovval Code Enforcement License Number . (._d gO. 5-007 License Fee Paid Not Approved Reason 1 For all municipal business license questions,contact: City of South Bend•Ordinance Violation Bureau 227 West Jefferson Blvd•Suite 455*South Bend,Indiana 46601•574.235.6052•F:574.235.9173 LICENSE APPLICATION FOR —SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 III. PERSONAL DATA A.Applicant's Legal Name: Ct pLL 1 B.Residential Address:eeo() W . L ' City: 3°M j)n State:.J j Zip: "C (O Io t - C. Residential Telephone Number: 5-744- .qq -0SScr D.Cellphone Number: q' q j 4(0 E. G. I. Position with Business Iinn IV. INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES,BUILDINGS, PARKING SPACES, LOADING DOCKS,FUEL STORAGE,AND LANDSCAPING. V.INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI.AFFIRMATION I, hereby,certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code,Section 4-51. jet, i&ait/tife4.p/ RV Signature Date 2 t t 11 ovilik ti . S A Y I Tiii. 'F. si eI " 'SIN '''' . 4. s s d t 1, loll --p-I!. li t a A Y^ Y IMO i 1 8cafp1 i ir. V L lit ir t.4115.0. 4. .' Y.. W, 1 jjouf$ t I \ . ‘ ea#'4 t - - 2- 2• 1 y1 1.,E w i 4 4 ~yqY{ 1, L i4 yj Michelle Adams From: Kari Myers Sent: Wednesday, February 5, 2025 4:30 PM To: Michelle Adams Subject RE: Scrap Metal Dealer App. Michelle- Alternative Two—700 W. Chippewa Ave. —The property located at 700 W.Chippewa Ave. is zoned I Industrial and a Scrap Metal Dealer use is not allowed by right in this district,however,the current use has been in continuous operation prior to the adoption of our current Zoning Ordinance and is therefore considered legal non- conforming. Any outdoor storage of material needs to remain below the fence line. Let me know if you have any questions. Cart Ayers Zoning Specialist Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. llt' '. South Bend,IN 46601 574)235-5932 www.southbendin.Qov/zoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Michelle Adams<madams@southbendin.gov> Sent:Wednesday, February 5, 2025 3:53 PM To: Kari Myers<kmyers@southbendin.gov> Subject:Scrap Metal Dealer App. Good afternoon Kari, RE: Alternative Two-700 W. Chippewa Ave. Attached is a Scrap Metal Dealer renewal application for your review and recommendation. Thank You, gcr_K-.241icheQe Adams bCity of South Bend Business License Administrator Department of Community Investment 227 W. Jefferson Blvd.,Suite 1400 S. South Bend, IN 46601 574)235 5912 1 Michelle Adams From: Jim Wood Sent Thursday. February 13. 2J25 12:13 PM To: Michelle Adams Subject: Alternat ve Two 700 Chippewa Michelle. This one is good to go. Thanks, Jim Sent from the iPad of Jim Wood Chief Inspector Neighborhood Services anc Enforcement City of Sou.h Bend 00. 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Pi. 4 440 I i.:11• ,,'1.i,•,4,..... :II I I I 1 4....` 1:1 I 1 1 f., 0 ^`• kat I.I 4 M itto. 0 '' ••, At 4,111 CO I 1.4..0.. 1• '‘ Mt 1 1 I I I' gi. I 4 0..... 1 1 :1 N.s...10: rft 't lb OM= I 1 d, ;.-...::.-•••.41.1 1111, -......---• e j .......... ........_ 40'0117r 1‘.)10. ..7,:%\—. .7.-. 14 1 iblr . L.s%7: N 11,.. ...... ....‘ - 11 L.... 111,,'.VP 4 q...-.2, -,.. . . ... _. to, Y 174?„ lt a I 1) 46\ i \ i VI I s07'./.• 4 I. I s i f. ii i• 1.Y t 1# ; 1. i 4 i i 44i n i:i--- 45.7,- .0 e • .114; 7--i446- , •• , 1 4 ' IV 14.,.-r.,... 4 1 • y. ' 1 1•Y.-Wilk i V•, i I 5.11:C ' • ' 411111 Simi POLICE DEPARTMENT SCRAP YARD INVESTIGATION FORM DATE: 02/10/25 BUSINESS NAME:Alternative Two LLC BUSINESS ADDRESS: 700 W. Chippewa APPLICANT NAME:Kenneth Schumacher 1. Pursuant to Sec.4-51(e)(2)of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant,if any,and the likelihood that granting the license will endanger the health,safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any,and the recommendation of the Police Department shall be attached to the application and forwarded to the Business License Administrator. Comments: Nothing of concern 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with all noise regulations set forth in Sec. 13-82 of the South Bend Municipal Code. Comments:No calls for service reference loud noise regulations 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions (if applicable). 4. Pursuant to Sec.4-51(k)(1)SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by ordinance. Such information shall be sent via electronic forms of transmission to the SBPD using the Records Management System, Leads Online. (if applicable) comments: This business is not registered with leads online. eurr rt tc t cg crs. o r1.on-c c(+}('? 6uSCi IUSc SKtfiLS : Onlf rt tt is 1 ncn9 i+l rnS After reviewing Police records for the applicant and business address,the SBPD recommends the license be(circle one)granted/denied. 9eArla Joga, 02//o/25 Officers Name and Title 4'43/40.V:1/AM hermits 5^pPrr-o• Done t^ Permit 700 W. Chippewa Ave. ISSUED Applicant Name,alternative x caws Permit NLmbar Scrap Metal License tsIOEo 700 W.Chippewa 71•r.Alternative 2 LLC 70C W.Chtppew J:Iur 700 W Chippewa ST South Bend IN 46614 700 W Chippewa' County:St.Joseph isstilo 700 W Chip.- Co'cacti Application Filed 02/04/2025 lirmEffective 04/23/2025 Expiration 04/23/2026 Authorised 04/23/2025 Autnorrzaa ny Jeff Yoder IssJec 04/23/2025 lisueu By Jeff Yoder Checklists 1 Passed.0 Failed,0 Not Applicable lrr.B_''at)dlst;• SCR2025-007 Exp.Jan.31st Please inspect within 10•days. 700 W Chippewa Ave Alternative Two_Redacted.pdfaView r, CI rt.....,......,....,;r....,.r...........-Ir.,.....LO,........11.1-.10n-...,.tG G 9t nSC...nOcc hf7..n11C..C4^n 1/1 South Bend Fire Department Inspection Report 12:2 S.Michigan St AO Alternative 2 LLC-700 W Chippewa AVE,BLDG Alternative 2.South Bend IN 46614- 3712 INSPECTION DETAILS nspeetion Date inspection Type inspection Number 04/17/2025 Scrap Metal Dealers/Junk Dea/ers/Recycling rREINSPECTI 7234-R4 Lead Inspector Shift Station Unit Jeff Yoder N/A Station 5 N/A Other Inspectors N/A SUMMARY OF INSPECTION 0 0 1 0 0 Passed codes Resolved violations Failed codes NEXT STEPS Please direct questions about your Inspection to: Reinspection Date Jeff Yoder 04/17/2026 jyoder@southbendin.gov FEE invoice Date Inspection Fee Date Paid Amount Paid N/A invoice Number Check Number Transaction Number N/A N/A WA GENERAL NOTES Jeff Yoder-04/01/2025 15:05 Waiting on Rob from Kropp fire protection services to inspect new valve. SIGNATURES Contact signature Inspector signature c/ Ken Schumacher 04/17/2025 Jeff Yoder 04/17/2025 CHECKLISTS Reinspection Status Code Description Resolved 90L6 9 Fire detection,alarm,and extinguishing systems,mechanical Location:Riser smoke exhaust systems,and smoke and heat vents shall be Comments:Replace water flow indicator valve maintained in an operative condition at all times,and shall be replaced or repaired where defective.Nonreguired tire protection systems and equipment shall be inspected.tested and maintained or removed. u,.,: tea...... w _,« ter..w.•Y11iiLL.. J.._ I hs -_ rw . ASram•.• s >• .. a .r .,...•..,. Michelle Adams From: Skip Morrell Sent: Wednesday, March 5, 2025 12:45 PM To: Sarah Schaefer; Elizabeth Maradik;Abby Wiles;Jim Wood; Kenisha L.Wells; Michelle Adams; Erik Glavich; Kari Myers; Michael Divita; Tim Corcoran Cc: Caleb Bauer Subject Re: Follow-up f'om business license compliance meeting Attachments:Scrap Metal Review - Zoning Compliance.pdf; Buffer Types.pdf Hi all, Jim and I visited scrap the metal sites to observe fencing. Along many property lines a buffer would not be required by zoning since the lots abut other I Industrial sites.Where a buffer would be required,fencing was legal non-conforming in every case and would require an upgrade (adding shrubs, trees, or made solid)to meet current standards. I put together a visual document to show what the zoning ordinance would require at each site and current conditions. I've also attached the page from the ZO that calls out various buffer types. Best, Skip Morrellrt- jO 4\, Principal Development Planner oj City of South Bend Department of Community Investment-Zoning amorrell@southbendin.gov 574)235-7625 From:Sarah Schaefer<sschaefer@southbendin.gov> Sent:Tuesday, February 25, 2025 5:18 PM To: Elizabeth Maradik<emaradik@southbendin.gov>; Abby Wiles<awiles@sjcindiana.gov>;Jim Wood jwood@southbendin.gov>; Kenisha L. Wells<kwells@southbendin.gov>; Michelle Adams madams@southbendin.gov>; Erik Glavich <eglavich@southbendin.gov>; Skip Morrell<amorrell@southbendin.gov>; Kari Myers<kmyers@southbendin.gov>; Michael Divita <mdivita@southbendin.gov>;Tim Corcoran tcorcora @southbendi n.gov> Cc:Caleb Bauer<cbauer@southbendin.gov> Subject: Follow-up from business license compliance meeting Thank you for meeting today to discuss compliance and enforcement for business licenses. Here are the follow-up items we discussed: * * * * * Cumcth Lee President Rachel Tomas Morg;u1 \'ice President Troy \Varner Chairpcrso11, Commillee ol' the \ Vholc Cumeth Lee First District Ophelia Goodrn-Rodgcrs Sern11d District Sharon L. McBride Third District Troy \V;m1er Fourth District Sherry Bolde11-Simp'io11 Fil'th District Sheila Niezgodski Sixth District Dr. Oli,n Da,·is At Lu·ge Rachel Tomas Morgan At Large Karen L. \Vhite Al Large City of South Bend Common Council 1-11 County-City Buildi11g • 227 \ V. Jelferso11 Bl\'Cl South Bell(!, l1Hliana l.(iGO I South Bend Common Council Attn: Council Member Gooden-Rodgers 4th Floor, County-City Building South Bend, IN 46601 May 20, 2025 Filed in Clerk's Office M.W 2 0 7n 5 Bianca TiradoCity Clerk, South Bend, IN RE: A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL APPOINTING DR. DE BRYANT TO A ONE YEAR TERM AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD Dear Chairperson Gooden-Rodgers: As you know, there is currently a vacancy on the Community Police Review Board. This proposed resolution appoints Dr. De Bryant to fill this vacancy with a one-year term. Dr. Bryant was nominated by Dr. Davis. Please file this proposed resolution and place it on the agenda for the Community Relations Committee meeting for May 28, 2025, and the full Council meeting later that evening. Thank you for your consideration. Canneth Lee, President South Bend Common Council (.i7 l) '2:l.,-<JW21 • Fax (57 !.) '2:·Li-9l 7J • TDD (.57 [.) '2:-l.'i-.'i.:i(i7 • http://m1w.southbrndi11.go,· Bill 25-31 Filed in Clerk's Office BILL NO. 25-31 Y 2 0 2025 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL APPOINTING DR. DE BRYANT TO A ONE YEAR TERM AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD WHEREAS, Section 2-12.1.13(a)(2) of the South Bend Municipal Code addressing the Community Police Review Board provides: The initial Review Board shall be composed of three (3) Members appointed to a one (1) year term; three (3) Members appointed to a two 2) year term; and three (3) Members appointed to a three (3) year term; and WHEREAS, there is currently a vacancy among the members of the Review Board. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend appoints Dr. De Bryant, nominated by Dr. Oliver Davis, to a one-year term as a member of the Community Police Review Board. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana May 21, 2025 City of South Bend ,PLAN COMMISSION Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 46601 RE: 314 W Chippewa -PC#0271-25 Dear Committee Chair Davis: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office AY 2 1 20 r 5 Bianca Tirado 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 May 28, 2025, Council meeting, and set it for public hearing at your June 23, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the June 16, 2025, 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: Change zoning of the parcel from Commercial (C) District to Suburban Neighborhood 2 (S2) District If you have any questions, please feel free to contact our office. Sincerely, <Jr� Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Tim Corcoran lntenin Zoning Administrator Scott Ford Commission President Bill 31-25 Filed in Clerk's Office BILL NO.31- 25 2 1 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 314 W CHIPPEWA AVE COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Commercial (C) District to Suburban Neighborhood 2 (S2) District. 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: KERASOTES THEATRES MINOR SUBDIVISION LOT 1 be and the same is hereby established as Suburban Neighborhood 2 (S2) District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 12.07(0(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. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Docusign Envelope ID:23603A52-7DF3-41 D8-B3D1-7795F582A8B7 227 W. Jefferson Suite 1400 S city of south fiend South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number71-08-26-200-004.000-002 Address: W Chippewa Ave, South Bend, IN 46614 Owner: Sycamore Land Company, LLC Legal Description: Lot Numbered One (1)as shown on the recorded plat of Kerasotes Theatres minor subdivision recorded June 24, 1997 as document 9724832, in the office of the Recorder of St. Joseph County, Indiana. Project Summary The proposed project is a 180-unit multifamily project across 5, 36-unit buildings and a clubhouse. The 5 residential buildings will be 3-story walk ups. The site will feature above ground retention. Requested Action Application includes (check all that apply) O Rezoning Current District: C Commercial Additional Districts, if applicablE Proposed District S2 Suburban Neighborhood 2 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 Filed in Clerk's Office 5) Responsible development and growth. Subdivision — complete and attach subdivision application HAY 2 1 2975 Special Exception — complete and attach Criteria for Decision Making Bianca Tirado Use requested: City Clerk, South Bend, IN Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Height Requirement Required Documents HCompleted Application (including Contact Information) Site Plan drawn to scale RFiling Fee Additional documents as noted above Docusign Envelope ID:23603A52-7DF3-41D8-B3D1-7795F582A8B7 Contact information Property owner(s) of the petition site: Name: Sycamore Land Company, LLC Address: 7901 4th St N, Ste 5032 Saint Petersburg, FL 33702 Name: Address: Name: Address: Contact Person: Name: Cole R. Caress Address: 8902 N Meridian St Indianapolis, IN 46260 Phone Number: (317) 590-3616 E-mail: ccaress@birgeandheld.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Signed by: jart.j. Gel l av 4E SCAB556506414 W. rfl*WA Ave a J dam rl _ y 11 ti 11 ti t Iiii .,` i L.)Lei If) . Iii Ara D I' 4.)i a t l I Li I- '..;i_11,1 ;I ! a ? ' 11 ! ! ' rNJ !1 a 1. 4.)11 a 1 ,)' r ti i.,) rl"'pi " CONCEPTUAL SITE PLAN 5.13.2025 F O L E Y Q D E S I G N BIRGE & HELD- SOUTH BEND, IN BIRGE &HELD www fdeydesign'mm SOUTH BEND,INDIANA 8902 N.MERIDIAN STREET,SUITE 205 INDIANAPOUS,IN 46260 Docusign Envelope ID:A55C8639-8243-4A2E-936B-FC285083BB45 LIty or outn i ena BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-26-200-004.000-002 Address: W Chippewa Ave, South Bend, IN 46614 Owner: Sycamore Land Company, LLC Zoning: S2 Suburban Neighborhood 2 Project Summary: The proposed project is a 180-unit multifamily project across 5, 36-unit buildings and a clubhouse. The 5 residential buildings will be 3-story walk ups. The site will also feature above ground retention. Requested Action Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Developer is requesting a variance to the height requirement of 40'-0" per S2 zoning regulations. For a 3-story building of this type the typical height of the roof bearing is approximately 31'-0". Based on the Zoning definition (vertical distance from the average finished grade adjacent to the front of the building to the highest point of the building) at a 6:12 roof pitch the highest peak would be 46'-0". Developer is requesting a variance to increase the requirement by 6'-0". Required Documents Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale Filing Fee Docusign Envelope ID.A55C8639-13243-4A2E-936B-FC285083BB45 Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Docusign Envelope ID:A55C8639-B243-4A2E-936B-FC285083BB45 Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The zoning requirements allow for a 3-story building, so the variance request will not be outside the intent for the use of the property, it will give the building the necessary height to allow for a standard roof pitch of 6:12. 2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The variance is asking for a minimal amount of height increase to allow for a steeper roof slope which will produce a more attractive building massing. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The strict application would result in a shallower roof pitch or flat roof which would add more waterproofing concerns and a less attractive building form. 4)The variance granted is the minimum necessary, because: In effort to provide a unit count that aligns with the demand of the area and the economic goal of the developer, the orientation requirement requested by the ordinance causes hardship for this subject property. 5)The variance does not correct a hardship caused by a former or current owner of the property, because: The variance will not correct a hardship because the land is vacant. Docusign Envelope ID:A55C8639-B243-4A2E-936B-FC285083BB45 Contact Information Property owner(s) of the petition site: Name: Sycamore Land Company, LLC Address: 7901 4th St N, Ste 5032 Saint Petersburg, FL 33702 Name: Address: Name: Address: Contact Person: Name: Cole R. Caress Address: 8902 N Meridian St Indianapolis, IN 46260 Phone Number: (317) 590-3616 E-mail: ccaress@birgeandheld.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: S,gned by May 21, 2025 City of South Bend PLAN COMMISSION Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 46601 RE: 1037 Colfax Ave -PC#0272-25 Dear Committee Chair Davis: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (57 4) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office MAY 2 1 2025 Bianca Tirado 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 May 28, 2025, Council meeting, and set it for public hearing at your June 23, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the June 16, 2025, 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: Change the parcels zoning from Urban Neighborhood 1 (U1) to Urban Neighborhood Flex (UF) If you have any questions, please feel free to contact our office. Sincerely, Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Tim Corcoran lntenin Zoning Administrator Scott Ford Commission President Bill 32-25 Filed in Clerk's Office BILL NO. 32-25 MAY 2 1 2025 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1037 W COLFAX AVENUE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Urban Neighborhood 1 (U 1) District to Urban Neighborhood Flex (UF) District 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: EX RR LOT 50 ROCKAFELLERS 2ND ADD be and the same is hereby established as Urban Neighborhood Flex (UF) District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(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. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Filed in Clerk's Office City of South Bend MAY 2 1 2025 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION Bianca Tirado zor in na southben 9din. ov City Clerk, South Bend,IN 9 Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 71-08-11-133-007.000-026 Address:1037 W Colfax Avenue, South Bend, IN 46616 Owner: Miatt Properties LLC Legal Description: Beginning at a point on the East line of said Lot Numbered 50, 138 feet North of the Southeast corner of said Lot; thence South 138 feet to the said Southeast corner of said Lot;thence West to the Southwest corner of said Lot; thence North on said West line of said Lot, 99 feet;thence Northeasterly to the point of beginning. Project Summary ECEIV E To re-purpose long-term vacant house to a small-scale office space MAY 1 9 2025 BY Requested Action Application includes (check all that apply) Rezoning Current District: U1 Urban Neighborhood I I"I Additional Districts, if applicablE Proposed District:UF Urban Flex Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Subdivision —complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Miatt Properties LLC Address: 1822 E Fox Street South Bend, IN 46613 Name: Address: Name: Address: Contact Person: Name: Myra Reid Address: 1822 E Fox Street South Bend, IN 46613 Phone Number: 574.229.9446 miattproperties@gmail.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: M y ra Reid Digitally signedby Myra Reid Date:2025.05.19 10:28:02 04'00' Site Plan - 1037 W Colfax Ave 1. U1 4 r r d r U1 U1 OS U1OS st:, OS W OS OS U1 U1 Q 1 1 OS 3 I 1 Uri W COLFAX AVE 5/19/2025, 1:56:27 AM 1:1,128 0 0.01 0.01 0.02 mi I I Parcel 2023_Aerials City of South Bend Zoning Public Street Labels I ti ' . ` d t ,- r l • 1 II Red: Band_1 Urban Neighborhood 1 City Limits 0 0.01 0.02 0.04 km 1111 Green:Band_2 `=:- Open Space Esn Community Maps Contrl'011lon m.University of Notre Dae,St Joseph CountyGIS. © 0penStreelldep. mama. Esn. TomTorn. Garmin. III Blue: Band_3 City of South Bend-Department of Community investment This map is to be used for reference only and does not constitute an official survey of property lines.This map should be used for planning purposes only.Please contact the Department of Community Investment for more informaliion(574)245-6022