HomeMy WebLinkAbout12-16-13 Special Common Council Agenda & PacketYsLe)o�poxi
SOUTH BEND COMMON COUNCIL SPECIAL MEETING
COMMON COUNCIL INFORMAL MEETING ROOM
MONDAY, DECEMBER 16, 2013 5:00 P.M.
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
T1TT.T. N!1
78 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2013 OF $500,000 FROM
SELF - FUNDED EMPLOYEE BENEFIT FUND ( #711)
62 -13 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 605, 613, 617,
621 NOTRE DAME AVENUE AND 823 SORIN STREET,
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
5. BILLS, THIRD READING TIME:
RTT.T. N(1
78 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2013 OF $500,000 FROM
SELF - FUNDED EMPLOYEE BENEFIT FUND ( #711)
62 -13 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 605, 613, 617,
621 NOTRE DAME AVENUE AND 823 SORIN STREET,
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
6. 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.
-11 � 0 n�? T-1,3
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $500,000
FROM SELF - FUNDED EMPLOYEE BENEFIT FUND ( #711)
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2013 operating and capital budgets in
2012 (Ordinance #10197 -12, passed October 29, 2012) which included expenditures for
various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2013 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
Self- Funded Employee Benefit Fund ( #711) $500,000
TOTAL
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Attest:
City Clerk
Member of the Common Co cil
v'gning of ti;is 107 only "a proge an
oppo:tl Tiny for ;i € �,e�liri,C) alld
Council action on this issa
Presented by me to the Mayor of the City of South Bend, Indiana, on the
_ day of , 2013 at o'clock _ . m.
Deputy City Clerk
Approved and signed by me on the day of , 2013 at
o'clock . m.
1 st READING I L-$ —( 3
PUBLIC HEARING
3 rd READING
NOT APPROVID
REFERRED
PASSED
Mayor, City of South Bend, Indiana
'i-Od in Clerk's Offir,.
JG r ;
CITY =14K,
120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAx 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
December 2, 2013
Mr. Derek D. Dieter, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4 °i Floor
South Bend, Indiana 46601
RE: 2013 Year -End Budget Appropriation Ordinance — Civil City Funds — Self Funded
Employee Benefit Fund 711
Dear President Dieter,
Enclosed please find a bill appropriating additional funds for certain departmental and
city services operations for the year 2013. This bill requests an additional appropriation
amount of $500,000 in the Self - Funded Employee Benefit Fund 711. The City is self -
insured for employee health insurance costs and claims paid have been high during the
fourth quarter of 2013. The amount currently appropriated may not be sufficient to cover
all medical claims that will be paid during 2013.
I will present this bill to the Common Council at the appropriate committee and council
meetings. This bill will be filed for I" reading on December 9, 2013 with 2 "d reading,
public hearing and 3`d reading scheduled for a special meeting on December 16, 2013.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574 -235 -7500.
Regards,
Mark W. Neal
City Controller
CC: Mayor Pete Buttigieg
Kathryn Roos, Chief of Staff
Cristal Brisco, Corporation Counsel
John Murphy, Deputy City Controller
Mced in Clerk's Cone:
CITY CLFR %,, c 'G!,
G' rl �3FMt}, IN
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT, 605, 613, 617, 621 NOTRE DAME AVENUE AND 823 SORIN
STREET, COUNCILMANIC DISTRICT No. 4 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTY FROM SF2 SINGLE FAMILY
AND TWO FAMILY RESIDENTIAL AND PUD PLANNED UNIT DEVELOPMENT
DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A MULTI -
FAMLY RESIDENTIAL PROJECT.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is 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:
That part of the Southeast Quarter of Section 1, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is described as:
Beginning at the Southwest comer of Lot 34 in the recorded Plat of "Sorin's First
Addition to the Town of Lowell, recorded in Plat Book #1, Page 35 in the office of the St.
Joseph County Recorder's Office; thence North 01 °51'57" East along the West -line of
said Lot #34 & #33 in said Plat a distance of 297.05 feet more or less to the North line of
said Lot # 33; thence South 88 027'55" East along said North line 78.6 feet more or less;
thence South 01 °51'57" West a distance of 40.02 feet more or less; thence South
88 °27'51" East a distance of 64.83 feet more or less; thence South 00 °55'24" West a
distance of 0.49 feet more or less; thence South 88 °27'51" East a distance of 143.44 feet
more or less to the Westerly right -of -way line of Notre Dame Avenue; thence South
00 °01'08" East along said right -of -way line a distance of 233.17 feet more or less to the
Northerly right -of -way line of Sorin Street; thence along said Northerly right -of -way line
for the next two courses, around a 318.31 feet radius curve to the right an arc distance of
122.97 feet more or less to the end of a chord which bears South 80 °28'30" West and
having a length of 122.21 feet more or less and North 88 °27'58" East a distance of 174.75
feet more or less to the point of beginning.
Containing 1.76 acres more or less.
subject to all legal highways, easements and restrictions of record.
and the same is hereby established as PUD Planned Unit Development District.
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
2
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 20_1 at o'clock M.
City Clerk
Approved and signed by me on the day of
20 , at o'clock m.
Mayor of the City of South Bend, Indiana
t;t RBADtNG �z -t` -o
PUBLIC HEARING
3rd P.EAD[NG
NOT APPROVED
REFERRED
PASSED
Filed it A,ce
J(i6`tiv `vOutiDf
GfTY CLEFEK, u'3F 4Fh4 Fitrhf�a, �N
PETITION TO REZONE
City of South Bend, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend
the zoning ordinance as herein requested.
I) The subject properties are located at:
605, 613, 617, 621 Notre Dame Avenue and 823 Sorin Street, South Bend, Indiana 46617.
Key Number(s) is /are: 18 -5031 -1129, 18- 5031 - 112901, 18 -5031- 112902, 18- 5031 - 112903,
18- 5031 - 112904, 18 - 5031 - 112905,18 - 5031 - 112906,18 -5031- 112908,18 - 5031 - 112909,
18- 5031 - 112910,18 - 5031 - 112912,18 - 5031 - 112913, 18 - 5031 - 112914,18- 5031 - 112915,
18- 5031 - 112916,18- 5031 - 112917,18 - 5031 - 112918,18 - 5031 - 112919,18 - 5031 - 112920,
18- 5031 - 112921,18 - 5031 - 112922,18 -5031- 112923,18 -5031- 112924,18 - 5031 - 112925,
18 -5031- 112926,18 - 5031- 112927,18 - 5031 - 112928,18 - 5031 - 112929,18 - 5031 - 112930,
18- 5031 - 112931 ,18 - 5031 - 112932,18 - 5031 - 112911
3) Name and address of property owner(s) of the petition site:
Belcorp Financial Services, Inc.
120 East Ogden Avenue
Suite 124
Hinsdale, IL 60521
E -Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
PDC Capital Group, LLC
770 Yd Avenue, SW
Carmel, Indiana 46032
E -Mail Address N/A
5) It is desired and requested that this property be rezoned:
From: SF2 Single Family and Two Family & PUD Planned Unit Development Districts
To: PUD Planned Unit Development District
6) This rezoning is requested to allow the following use(s): Multi family Residential
development.
7) Attached, and made a part of this PETITION, is:
(a) a list of names and addresses of all property owners, and the tax key numbers for all
properties within 300 feet of the petition property;
(b) six (6) site plans; and
(c) addressed, stamped envelopes for all property owners within 300 feet of the petition
property.
8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF
THE ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND
THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR
REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL
MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING
UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS
ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE
MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY
FINAL PLAN APPROVAL.
Signature(s) of All Property owner(s), or
signature of Attorney for all property owner(s):
nt :ony appia- Attorney for Petitioners
52582. 933 North
South Bend, Indiana 46637
E -Mail Address N/A
Ph. No. 574- 277 -8720
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Horner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mdanch@danchharner.com
Filed in
;a;i�e
CITYCLERR,,ScL -rre B! NO, IN I
LEGAL DESCRIPTION
That part of the Southeast Quarter of Section 1, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is described as:
Beginning at the Southwest corner of Lot 34 in the recorded Plat of "Sorin's First
Addition to the Town of Lowell, recorded in Plat Book #1, Page 35 in the office of the St.
Joseph County Recorder's Office; thence North 01051157" East along the West line of
said Lot #34 & #33 in said Plat a distance of 297.05 feet more or less to the North line of
said Lot # 33; thence South 88 °27'55" East along said North line 78.6 feet more or less;
thence South 01 °51'57" West a distance of 40.02 feet more or less; thence South
88 °27'51" East a distance of 64.83 feet more or less; thence South 00 °55'24" West a
distance of 0.49 feet more or less; thence South 88 °27'51" East a distance of 143.44 feet
more or less to the Westerly right -of -way line of Notre Dame Avenue; thence South
00 °01'08" East along said right -of -way line a distance of 233.17 feet more or less to the
Northerly right -of -way line of Sorin Street; thence along said Northerly right -of -way line
for the next two courses, around a 318.31 feet radius curve to the right an are distance of
122.97 feet more or less to the end of a chord which bears South 80 °28'30" West and
having a length of 122.21 feet more or less and North 88 °27'58" East a distance of 174.75
feet more or less to the point of beginning.
Containing 1.76 acres more or less.
subject to all legal highways, easements and restrictions of record.
ice
U4. i01,f�
.l0141€L�>>rrr r
CITY CLERK 66Jrh BENHS, IM
0:0 W
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
N COMMISSION OF ST. JOSEPH COUNTY. IN
227 W. JEFFERSON BLVD. ROOM 1140 COUNTY -CITY BLDG. SOUTH BEND. INDIANA 46601 (574) 23S -9571
Wednesday, November 20, 2013
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Belcorp Financial Services, Inc. to zone from SF2 Single Family & Two Family
District and PUD Planned Unit Development District to PUD Planned Unit Development District, property
located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend - APC# 2685 -13.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Belcorp Financial Services, Inc. was legally advertised on
Thursday, November 07, 2013 and that the Area Plan Commission at its public hearing on Tuesday, November 19,
2013 took the following action:
Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the
proposed ordinance of Belcorp Financial Services, Inc. to zone from SF2 Single Family & Two Family
District and PUD Planned Unit Development District to PUD Planned Unit Development District,
property located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend, is
sent to the Common Council with a favorable recommendation subject to the written commitment
addressing occupancy, between the owner and the NNRO being recorded. This site is located in an area
with a mixture of residential uses consisting of owner - occupied, rentals and multi- tenant developments.
There are several non - residential uses in the area.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in
the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
� ohn W. B yo nYi
p
i r i
Attachment
CC: Belcorp Financial Services, Inc.
PDC Capital Group, LLC
SERVING: ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
www.stjosephcountyindiana.com/Areaplan
Staff Report 11/7/2013
APC # 2685 -13
Owner: Belcorp Financial Services, Inc.
Location: The northwest corner of Notre Dame Avenue and Sorin Street
Jurisdiction: City of South Bend
Public Hearing Date: 11/19/2013
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family & Two Family District
and PUD Planned Unit Development District to PUD Planned Unit Development District
to allow residential units with an office /maintenance building.
Land Uses and Zoning:
On site: On site are four yet to be completed buildings, facing Sorin Street and
Notre Dame Avenue, and one incomplete interior building.
North: To the north are single family homes zoned S172 Single Family and Two
Family District.
East: To the east, across Notre Dame Avenue, are three single family homes
zoned SF2 Single Family and Two Family District, and the Darby Row
development zoned MU Mixed Use District.
South: To the south across Sorin Street are single family homes zoned SF2 Single
Family and Two Family District.
West: To the west are single family homes zoned SF2 Single Family and Two
Family District.
District Uses and Development Standards:
The Planned Unit Development (PUD) District is designed and intended to: encourage
creativity and innovation in the design of developments; provide for more efficient use of
land; permit special consideration of property with outstanding natural or topographical
features; facilitate use of the most appropriate construction techniques in the development
of land; and, provide for any individual land use not otherwise specified elsewhere in this
Ordinance. The PUD District encourages imaginative uses of open space, promotes high
standards in design and construction, and furthers the purposes of the Comprehensive
Plan. The PUD District is not intended for the development of residential subdivisions or
other developments which are provided for as a matter of right within any district of this
Ordinance.
Site Plan Description:
The total area to be rezoned is 1.76 acres. There are two residential buildings facing
Sorin Street, two residential buildings facing Notre Dame Avenue, an interior residential
building, and a rental office /clubhouse /maintenance building located at the northwest
comer of the site. These buildings total 21,527 square feet or 28% of the site. The four
street- facing buildings each contain six two- bedroom units and the interior building will
contain 36 one - bedroom units. There are 85 parking spaces at a rate of one per bedroom,
plus one space for the rental office /clubhouse /maintenance building. Paving covers
APC # 2685 -13 Page 1 of 3
Staff Report
11/7/2013
23,329 square feet or 30% of the site. There is perimeter landscaping around the entire
project boundary, foundation landscaping in front of all the buildings, and parking
screening between the parking spaces and the street. Open space is 3 1,8 10 square feet or
42% of the site.
Zoning and Land Use History And Trends:
This site was originally rezoned in 2007 for 32 residential units in 7 buildings with 32
garage spaces and 33 surface parking spaces. In February 2011, a Final Site Plan was
approved by the Commission for a 32 unit, 64 bedroom project in five buildings with 65
parking spaces. Additionally, a written commitment regarding ownership and occupancy
as well as elevation renderings were made part of the approval.
Traffic and Transportation Considerations:
Notre Dame Avenue and Sorin Street both have two lanes.
Utilities:
The site will be served by City water and sewer.
Agency Comments:
The Department of Community Investment gives a favorable recommendation, but
suggests additional landscaping, better pedestrian connectivity between buildings and bike
racks.
Commitments:
The petitioner will be entering into commitments with the Northeast Neighborhood
Revitalization Organization (NNRO) restricting the number of bedrooms to 84 and
restricting the rental of the dwelling units to graduate students, as that term is defined by
the University of Notre Dame.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
City of South Bend - City Plan, November 2006
LU 2.1: Encourage developers to use planned unit and traditional neighborhood
development models to promote land use compatibility in future developments.
ED 1.2: Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Map recommends this area for medium density residential.
Plan Implementation /Other Plans:
The Northeast Neighborhood Development Area Plan (2003) identifies the majority of the
neighborhood as single family home ownership preservation. The northwest corner of
Notre Dame Avenue and Sorin Street is not located within any of the sub - areas.
2. Current Conditions and Character:
The buildings on this site are in various stages of construction. Darby Row, across Notre
Dame Avenue, was built in 2012. Many of the single family homes are being advertised
as student rentals.
APC # 2685 -13 Page 2 of 3
Staff Report
3. Most Desirable Use:
11/7/2013
The most desirable use for this property is higher density residential. The density of this
development is 34 units per acre, or 48 bedrooms per acre. The density of Darby Row is
30 units per acre, or 55 bedrooms per acre. The density of The Belfry, located at the
southeast corner of Notre Dame Avenue and South Bend Avenue is 31 units per acres, or
62 bedrooms per acre.
4. Conservation of Property Values:
Given the other multifamily developments along this stretch of Notre Dame Avenue, the
surrounding property values may be conserved or increased with the PUD Planned Unit
Development rezoning.
5. Responsible Development And Growth:
It is responsible development and growth to encourage the completion of buildings where
infrastructure and services exist to create a viable residential option.
Staff Comments:
The petitioner has proposed commitments with the neighborhood association. This
commitment will need to be recorded before the Final Site Plan will be approved.
Recommendation:
Based on information available prior to the public hearing the staff recommends that this
petition be sent to the Common Council with a favorable recommendation, subject the
commitments between the owner and the NNRO being recorded.
Analysis:
This site is located in an area with a mixture of residential uses consisting of owner-
occupied, rentals and multi -tenant developments. There are several non - residential uses in
the area.
APC # 2685 -13 Page 3 of 3
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Rezoning from:
"PUD" PLANNED UNIT DEVELOPMENT &
"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to
MASTER ZONING KEY
® SOUTH BEN C 'SFe' SIN C-LE FAMILY AND TWO FAf.lILY CISTR IC
■SOUTH BEND TviFI- 'URE3AN CORRICOR b,IULTIFPduIILYDISTRICT
SOUTH BEND •i:,fU' P,IIXED USE DISTRICT
SOUTH B END 'O' OFFICE DISTRICT
SOUTH 13END'LB LOCA.LEU SIN ESS DISTRICT
SOUTH BEND "CB"' CENERA.LBUSINESSDISTRICT
SOUTH BEND PUD' PLANNED UNIT DEVELOPI:•IENT
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APC # 2685 -13