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HomeMy WebLinkAbout01-26-09 Common Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, JANUARY 26, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4,. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 03-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF- WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET + AND THE FIRST NORTH-SOUTH 14 FOOT WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET + LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30. THE STREET TO BE VACATED IS A PORTION OF MICHIGAN STREET, SOUTH FROM WESTERN AVENUE APPROXIMATELY 250 FEET 8. BILLS, THIRD READING ~ TIME: 03-09 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF- WAY LINE OF SOUTH MATN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET + AND THE FIRST NORTH-SOUTH 14 FOOT WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET + LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30. THE STREET TO BE VACATED IS A PORTION OF MICHIGAN STREET, SOUTH FROM WESTERN AVENUE APPROXIMATELY 250 FEET 9. RESOLUTIONS BILL N0. 09-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1713 AND 1717 BURDETTE STREET, SOUTH BEND, INDIANA, 46637 09-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511 - 3615 VOORDE DRIVE TO BE AN ECONOMIC REVITALIZATION 'AREA FOR PURPOSES OF A FIVE (5} YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FORTIS PLASTICS, LLC 09-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511 - 3615 VOORDE DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR AIC VENTURES (FORTIS PLASTIC, LLC - LESSEE) 09-10 A RESOLUTION CONFIRMING THE ADOPTION. OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1728 NORTH IRONWOOD DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR ROBERT R. LEE (C.E. LEE COMPANY, INC.) 09-11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 719 AND 725 TURNOCK STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. & WEISS HOME, INC. 09-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 912 NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH AND CAROLYN QUEENAN 10. BILLS, FIRST READING BILL NO. 04-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD 05-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $43,500.00 FROM COUNTY OPTION INCOME TAX (COLT) FUND #404 TO PROVIDE RENT SUPPLEMENT TO THE FAMILY VIOLENCE/SPECIAL VICTIMS UNIT 06-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6, OF THE SOUTH BEND MUNICIPAL CODE AND TO ADD SECTION 6-4.7 TIME LIMITATION ON PERMITS, AND SECTION 6-26 LOW VOLTAGE CONTRACTOR REGISTRATION 11. UNFINISHED BUSINESS A. REPORTS FROM BOARD OF ZONING APPEALS 1. BILL NO. 09-13 - SPECIAL EXCEPTION FOR 744 SOUTH MAIN STREET B. REPORTS FROM AREA PLAN COMMISSION 1. BILL N0. - 84-08 - REZONING- 541 AND 543 WILLIAM 2. BILL N0. - 85-08 - REZONING - SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DR 3. BILL N0. - 86-08 - REZONING - 3013 SAMPLE STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: ~- ranch, ~~arner & ~1 sscceates, ~'nc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners `~~ll ~~- 03-a~ Honorable Members of the City of November 20, 2008 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Petition to Vacate an East-West Alley, a North-South Alley and a portion of a Street Right-of way located in the block East of Main Street, South of Western Ave., West of Michigan Street and North of Monroe Street, South Bend, Indiana: Dear Council Members: Our clients, the City of South Bend, the City of South Bend Redevelopment Departr-ent, Western Avenue Properties LLC, and Diaz Regelio, Luis Sotelo and Marie Luisa, the Petitioners, are requesting the approval of the Vacation of two 14ft. Public Alleys and a portion of Michigan Street right-of-way in the block bounded by East of Main Street, South of Western Ave., West of Michigan Street and North of Monroe Street. The reason for this request is to allow the property owners to configure the existing lots within this block to create larger properties for future development purposes. If you have any questions ,concerning this matter, please feel free to give me a call at 234-4003. Sincerely, .+'' r'' Michael J. Danch President s ~~~~iC'~ ~t €`~~ Danch, Harner & Associates, Inc. ~~~~'~ JAr~ - ~ 2oog File # 080190 dQKf3ti00P,~Ei ltl. 1643 Commerce Drive ^ South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 office 2691471-3010 ^ Fax 269/471-7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET+ AND THE FIRST NORTH-SOUTH 14 FOOT WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY~198 FEET+ LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30. THE STREET TO BE VACATED IS A PORTION OF MICHIGAN STREET, SOUTH FROM WESTERN AVENUE APPROXIMATELY. 250 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public properties. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following properties: ALLEY VACATION REQUEST: A). ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEETt AND THE FIRST NORTH-SOUTH 14 FT. WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEETt LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30 IN THE RECORDED PLAT OF "MARTIN'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN BOOK 3, PAGE 28 IN THE RECORDS OF THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDIANA. PARTIAL STREET VACATION REQUEST: B). A PART OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST IN PORTAGE TOWNSHIP, THE CITY OF SOUTH BEND INDIANA. BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 13 OF THE PLAT OF "MARTINS ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN PLAT BOOK #3 PAGE #28 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS OFFICE, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF WESTERN AVENUE; THENCE N. 90°00'00" E., 88.60 FEET ALONG THE EASTERLY EXTENSION OF SAID RIGHT-OF-WAY LINE; THENCE S. 30°55'36" E., 23.43 FEET TO A POINT ON A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 676.95 FEET, AND HAVING AN ARC DISTANCE OF 246.84 FEET, TO THE END OF A CHORD BEARING S. 19°08'29" W., AND HAVING A DISTANCE OF 245.47 FEET; THENCE S. 90°00'00" W., 19.56 FEET TO A POINT ON THE EAST LINE OF LOT NUMBER 16 OF SAID PLAT, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE ALONG SAID WEST LINE N. 00°08'02" W., 252.00 FEET; TO THE POINT OF BEGINNING. CONTAINING 0.32 ACRES MORE OR LESS. SUBJECT TO ALL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. hereby determines that it is desirable to vacate said properties. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: Tax Key Number IS-3016-058802 Tax Key Number 18-3016-0589 Tax Key Number 18-3016-059001 Tax Key Number 18-3016-0599 Tax Key Number 18-3016-0597 Tax Key Number 18-3016-0595 Tax Key Number 18-3016-0593 Tax Key Number 18-3016-058801 Tax Key Number 18-3016-059002 Tax Key Number 18-3016-0600 Tax Key Number 18-3016-0598 Tax Key Number 18-3016-0596 Tax Key Number 18-3016-0594 Tax Key Number 18-3016-0596 SECTION IV. The purpose of the vacation of the real property is to allow lots 28,29 and 30 to become larger lots, with the vacation of said Alleys. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk ~~ .,,ate Fp-p~a .,p, "~='~'t•- ,'.r' -. ?: _''.7 ~-:? E.: ~~iL. t`;~1 bi Lr :.: ~ .. a.. ._ a -i a. u:"d '*.~ ~' `~ Lt^L'~llSlri~ CrL.~~iZ ~i9 l'.:s~ eeyw.iwv Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at ~ o' clock m. _ City Clerk Approved and signed by me on the day of 2 , at o~clock m. Mayor of the City of South Bend 1 st ~ READftvG ~"1~' FUL'!EC HE.~;F;li~IG 3 ~ ~ F~E,~l~~NG i~OT F,CPP.OYED REcERREE~ PASSE( FEI~d In ~icr~s's C3-~€~e JAN - 7 2009 JO~~N VQOR~?E CI1''(ClEi~K, SQ. SEND, (N. PETITION TO VACATE PUBLIC ALLEYS AND A PARTIAL STREET RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: NOVEMBER 20, 2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED .PROPERTY OWNER(S), PETITION YOU TO VACATE: ALLEY VACATION REQUEST: A). ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET± AND THE FIRST NORTH-SOUTH 14 FT. WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET± LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30 IN THE. RECORDED PLAT OF "MARTIN'S ADDITION TO THE CITY OF SOUTH BEND" AS. RECORDED IN BOOK 3, PAGE 28 IN THE RECORDS OF THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDIANA. PARTIAL STREET VACATION REQUEST: B). A PART OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST IN PORTAGE TOWNSHIP, THE CITY OF SOUTH BEND INDIANA. BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 13 OF THE PLAT OF "MARTINS ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN PLAT BOOK #3 PAGE #28 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS OFFICE, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF WESTERN AVENUE; THENCE N. 90°00'00" E., 88.60 FEET ALONG THE EASTERLY EXTENSION OF SAID RIGHT-OF-WAY LINE; THENCE S. 30°55'36" E., 23.43 FEET TO A POINT ON A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 676.95 FEET, AND HAVING AN ARC DISTANCE OF 246.84 FEET, TO THE END OF A CHORD BEARING S. 19°08'29" W., AND HAVING A DISTANCE OF 245.47 FEET; THENCE S. 90°00'00" W., 19.56 FEET TO A POINT ON THE EAST LINE OF LOT NUMBER 16 OF SAID PLAT, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE ALONG SAID WEST LINE N. 00°08'02" W., 252.00 FEET; TO THE POINT OF BEGINNING. CONTAINING 0.32 ACRES MORE OR LESS. SUBJECT TO ALL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.. NAME (signed & printed) ~ ADDRESS Tax Key Number(s) Tax Key Number 18-3016-058702 City of South Bead 1200 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 2 City of City of South Department of 12~' Floor Coun 227 West Jeffe: South Bend, Ins Bend nd, development -City Building on Blvd. ana 46601 Tax Key Number 18-3016-058701 B'or Ci6y of S~ th Bend Department of Redevelopment Western Avenue roperties LLC 422 E. Monroe reet South Bend, In 'ana 46601 ~. For Western A nue Properties LLC t lei AIP'R . ~~L1P1'~r1 C~~ ~'f,.YW ~$~ Luis Sotelo, Diaz Regelio Marie Luisa 1026 W, Lincol Avenue Anaheim, Ca. 9 05 Diaz Ps /Rod Tax Key Number 18-3016-0596 18-3016-0597 Tax Key Number 18-3016-0598 18-3016-0599 18-3016-0600 18-3016-059001 uis Sotelo Marie Luisa ^ P .. /GCS ~ ,rj ~ ._ /1 1P~o 1~. 9~,z. So~~a ~laf~ Q ~~sa. ~ q~.Z 3 CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 JAN - 7 20C9 JC~-ti~l'JCCRLE CETY CLEnK, S0. E3Et10, IN. SOLfT'rr BEhD COUNTS PUBJ~ LIBFA.RY 304 5. lAAdN STREET Olfl}f BEND, 8J 4bf ~AY. iD gls-SOOB-o R, C/L ~ BTERId AitENUE R/~i 8 VtES'fERN AVENUE PROPERTIES LLC TAX pD §18-3016-0593 g ~ pia I ~Q\~~~~~~ LOT 13 P ~~~ ~5 J~ ~ p ~ _. ~ _ P ~ ~ O ~ . ((~ \`Y(ESIERN AVENUE PROPERTIES LLC gt~ TAX 10 $18-3018-0594 LOT 14 ¢ 2l $ - WESTERN AVENUE ~ ~ PROPERl1E5 LLC TAX lD 18-3016-0595 ~_ WESTERN AVENUE PPOPERTIES LLC ~g ~ TAX 10 $18-3016-0596 ~ LOT 15 ~ S a~ ~ ~srcx I r r I WE5fERN AVENUE PROPERTIES LLL TAX ID }78-3016-0597LOT 16 YIE5TERN AVENUE PROPERTIES LLC TAIL-IR-x`78=3016-0598--. - r"~ INDIANA LAND TRUST ` 425/524 TAX ID X18-3016-0599 LOT 17 g ~ ~~ uns soTa.o $ Tax opts-3o,s-awo r a \ LOT 18 ~ ~ a . L-3 I n;tE >rlcl,,~~,a Px~tRs I P.e. enx f331 SOUM P,END, fN 46624 ~/ TAY. ID 818-3091-347=04 `,~ R/W LINE /~ X5000 R/w NE L-2 f1 I g ti / ~~ w~ ~~~ ~ UNRID SPATES POST ~ OFFlC pj 424 . IAICMGAN ST SO BEND, IN 46601 TAX ID {18-3086-3472 /. ~' N I V ' 1 ' LINE BEARING L-1 N 90'00'00" E L-2 S 30'55'36" E L-3 S 90'00'00" W L-4 N 00"08'02" W CURVE RADIUS ARC LENGTH C-1 676.95' 246.84' DISTANCE 88.60' 23.43' 19.56' 252.00' CHORD LENGTH CHORD BEARING 245.47' S 19'08'29" W LEGAL DESCRIPTION: The street to be vacated is a portion of Michigan Street and is described as follows: A Part of the southwest quarter of Section 12, Township 37 Nalth, Rartge 2 East in Portage Township, City of South Bend, Indiana. Beginning at the Northeast corner of Lot 13 of the plat of Martins Addition as recorded in Plat Book 3, Page 28 in the Office of the St Joseph County Recorders Office, said point also being on the South right of way line of Western Avenue; thence N 90 00'00' E, 88.60 feet along the Easterly extension of said right of way line; thence S 30 55' 36' E, 23.43 feet to a point on anon-tangent curve; thence along said curve to the left having a radius of 676.43 feet, and having an arc distance of 246.84 feet, to the end of a chord bearing S 19 08' 29' West and having a distance of 245.47 feet; thence S 90 00' 00' W, 19.56 feet to a point on the East line of Lot 16 of said plat, said point also being on the West right of way line of Michigan Street; thence along said west line N 00 08' 02' W, 252.00 feet to acres, more of less and subject to all highways and easements of record. t"pg talTrc-vr-tTe~ylnnln~yg. ~(u~ynwupuuy i..... _._............~ ,rcHrl vae~~~;•: CITY CLERK, 5~. 6L;PiD, i~!. I I ( I I w } I j ~ ~ ~,~ ~~ - C/L ~IESTERI~t AVENUE R/~f 82.5' I ~" `~ W S,B. DEFT. OF o WESTERN AVENUE PROPERTIES LLC § ~ R~ ID OPMENT ooh TAX ID x'18-3016-0593 ' 518-3016-0585 01 m~ LOT 13 3015-0566 ~ 8 - / S.B. DEPT. OF REDEVELOPMENT o WESTERN AVENUE PRQeERT1ES LLC TAX ID 578-3015-0566 ~ TAX ID 518-3016-0586 O1 a R TAX ID 518-3016-059 / LOT 26 0 - - - -E0~14- - - - ~ ~, NES'If7tN AVENUE PROP[IO&5 L1L \ % m /18-1076-0555 T / N ~ A _ I r I O ~' ---- o ~ ^ --- -\\ -- ---- WESTERN AVENUE PROPERTIES LLC TAX lD ~ att oa sanR eFxo rnx m +te-sotb-osb~ a2 LOT 27 $ i3 TAX ID 518-3016-0596 1 518-3p15-0566 ! ~ ~a~ LOT 15 1 ~8~ S IC ~ ro ~1 S 8 02 ~ ~ LL WESTERN AVENUE PROPERTIE TAX %518-34~6y 0597 I 7AX ID' LOT ----------------- ., ~ \~\ ~ T 16 I 518-3015-0570 ITY OF SOUTH BEND .^ i - - - - }~. ~-- TAX H-3018-0596 I Q 8 05 ~ /ts 3 T ¢ P O _~- - 89 01 - AX -- ------------ ~e'~ -. {- •-p~~ ~~•~ • --......... - - ~~~ I TAX ID ~ ~ ~ \ ~~' INOWIA LAND TRUST 425/SZS 518-3D75-0571 I * P ~ TAX ID {78-3016-0599 I \ LOT 29 ti+' N L07 17 I rax 1D H \ ¢ ~O ,( \ o P I 518-3015-0572 \ ~ ----~~ ~ ~~s ~oTn.o __~ '° ° _ ------------------- T \ TAX 10 {18-3016-0590 Oi ~ o , ~ i ~ - - - '_ ~ .1 LOT 30 I CW 9 `~ ° ~,' °- ~ ~ wwn a uns soma I ~ Tnx m {~6-3016-0600 I W UI , I y @ ~ ~ LOT 18 I R W l1NE ' R E C L MO ~ NROE STREET R tiY 82.15' _ _ I _ \ ~ ~ / \ ~ ~ ~ m \ ~^ ~° TAX Iq /18-30Y/-0628 \ ~ °o 00 ~ n \ \ n I / ~ ~m ~m TAX 10 X18-3017-0616 TAX 10 a18-3017-0629 LEGAL DESCRIPTION: I I I W ~~ ~' ~I ~' H w wl [~ ~I _U ~I V ~~ w ~~ a ;~; ~ ~ «~ _ CJ Y 1\ C? C3 1v ' Q £JJ , I Y ,z ~ cz ~ Q ~ U ~? ~. The first alley to be vacated is the first East/West alley North of Monroe Street from Main Street East to the first North/South alley for a distance of 165 feet and a width of 14 feet. The second alley to be vacated is the first North/South alley East of Main Street from Monroe Street North to the first East/West alley fora distance of 198 feet and a width of 14 feet. Both alleys being apart of Martins Addition as recorded in Plat Book 3, Page 28 in the Office of the St Joseph County Recorders Office, City of South Bend, Portage Township, 5t Joseph County, Indiana. Property Owners Within 150 Feet 1 A i. ^.:' •..3 ~~ . ,J~;ri - 7 2009 :r,~._, :~~.:3 ~: ~; City Chapel Evangelical Free Church EI Paraiso South Bend Inc Tasha Bailey Brandy & Ben Group 401 S Main St 425 S Main St LLC South.Bend, IN. 46601 South Bend, IN. 46601 9434 Indianapolis Blvd. Tax Key # 018 3015 0566 Tax Key # 018 3015 0570 Highland, IN. 46322 Tax KPV # (11 R 3M .ri nFi7~ City of South Bend Dept.of Redevelop 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 3016 058601 City of South Bend Dept of Redevelop 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3016 058501 City of South Bend 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3016 058702 Rogelio & Maria Diaz 1026 W Lincoln Ave Anaheim, CA. 92805 Tax Key # 018 3016 058802 Salvation Army 510 S Main South Bend, IN. 46601 Tax Key # 018 3017 0618 City of South Bend 227 W Jefferson Ste. 1200 South Bend, IN. 46601 Tax Key # 018 3017 0628 One Michiana Partners P.O.Box1331 South Bend, IN. 46624 Tax Key # 018 3091 347404 Western Av Properties LLC 422 E Monroe South Bend, IN. 46601 Tax Key # 018 3016 0593 Western Ave Properties LLC 422 E Monroe St South Bend, IN. 46601 Tax Key # 018 3016 0594 City of South Bend Dept.of Redevelop 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3016 0589 Salvation Army 510 S Main South Bend, IN. 46601 Tax Key # 018 3017 0615 City of South Bend Dept.of Redevelop 1200 County City Bldg. South Bend, IN. 46601 Tax Key # 018 3016 058502 City of South Bend Dept.of Redevelop 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3016 058801 Western Ave Properties LLC 422 E Monroe South Bend, IN. 46601 Tax Key # 018 3016 0595 United States of America Post Office 424 S Michigan South Bend, IN. 46601 Tax KPV # n1 R RnRR Rtl7~ Rogelio & Maria Diaz 1026 W Lincoln Ave Anaheim, CA. 92805 Tax Key # 018 3016 059001 Vickie Gabbard Trustee 750E 8th St Mishawaka, IN. 46544 Tax Key # 018 3017 0627 City of South Bend Dept.of Redevelop 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 3016 058602 City of South Bend Dept.of Redevelop County City Bldg. South Bend, IN. 46601 Tax Key # 018 3016 059002 Western Ave Properties LLC 422 E Monroe South Bend, IN. 46601 Tax Key # 018 3016 0597 Rogelio & Maria Diaz 1026 W Lincoln Ave Anaheim, CA. 92805 Tax Key # 018 3016 0598 Rogelio & Maria Diaz Rogelio & Maria Diaz _ St.Joseph County Public Library 1028 W Lincoln Ave 1026 W Lincoln Ave 304 S Main St Anaheim, CA. 92805 Anaheim, CA. 92805 South Bend, IN. 46601 Tax Key # 018 3016 0599 Tax Key # 018 3016 0600 Tax Key # 018 3008 0284 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOLILEVAAD SOUTH BEND, INDIANA 46601-1830 Crrr OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD +OF PUBLIC OftKS January 5, 2009 Mr. Mike Danch Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, IN 46628 PHONE 574/ 235-9251 FAx 574/ 235-917t TDD 574/ 235-5567 RE: Alley Vacation -Portion of Michigan Street -North/South alley from Monroe Street parallel with Michigan Street, and east/west alley from Main Street to said north/south alley. Street Vacation -Michigan Street, south of Western Avenue Dear Mr. Danch: At its meeting on November 10, 2008, the Board of Public Works reviewed your. petition to vacate the above alley and street. Favorable recommendations were submitted from the Engineering Division, Community & Economic Development, Area Plan Conunission, and Police Department. The Engineering Department questioned whether the City had the authority to grant this vacation, or if the street property belonged to the State. Mr. McFadden, INDOT, has since informed our department that he could find no transfer of ownership of the subject right-of=way to INDOT when the street was used as a State highway. The original subdivision for the City of Soutln Bend was recorded and dedicated the right-of- way to the City. Therefore, the Board of Works has given a favorable recommendation to your request for the vacations subject to easements for water main and two separate sewer lines. Engineeriing states that gas, power and other utilities may also occupy the area. You will need a radius map showing properties within l50' of the proposed vacation for your petition to the Conunon Council. Please contact Tony Molnar at (574) 235 9254 prior to picking up your radius map. GARYA. GILOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER ~Dnce this concern is addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Soard of Public WorIts will forward their recammendations to them. Sincerely, ~_.. Linda M. Martin, Clerk C: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl P. Litkrell, City Engineer RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1713 AND 1717 BURDETTE STREET, SOUTH BEND, INDIANA, 46637 WHEREAS, Indiana Code Section 36-7-4-918.6, required the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36- 7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1713 and 1717 Burdette Street, South Bend, Indiana 46637 more specifically being Lot 7 of Burdette Street Villas Minor Subdivision as recorded under Instrument Number 0820238 in the Office of Recoxder of St. Joseph County, in order to permit a special exception for a group residence on property zoned "MF1" Urban Corridor Multifamily District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort,_communityrnoral standards; convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council F ~ ~ai ~~ r~t~r~a~~c~ `--12-' 1`1li i f.~T e1 tJ~~1`~Fl, l:'i~?~" -' • coil tii,~~:d~E3 ~:~wd7a ~,. ~i1~.t~ nt ~i~rEt'~ ~fifiice JAP1 - 8 2009 JOH?~ 80RBC B, IN. CITY CLERK, Board of Zoning Appeals - December, l 8, 2008 HEAVENLY HAM The petition of Heavenly Ham seeking the following variances: from the required 30' front yard setback to 11'; from the required 26 parking spaces to 18; from the required perimeter landscaping to landscaping as shown on the site plan; and from the required dumpster landscaping to no landscaping, on property located at 2307 Edison Road. This property is zoned "CB" Community Business. This was tabled from the November BZA meeting. NO ONE CAME FORWARD AT THIS TIME TO PRESENT THE PETITION A MOTION WAS MADE AND SECONDED AND UNANIMOUSLY CARRIED TO TABLE THIS PETITION TO THE END OF THE MEETING STADIUM VILLAGE The petition of Stadium Village seeking a Special Exception to allow a group residence within Units "L" & "M" of Stadium Village in a "MF1"District, on property located on the west side of Burdette Street north of Vaness Street. This property is zoned "MF 1 ". MR. DEREK SPIER: With Abonmarche Consultants, 750 Lincolnway East, South Bend and I'm representing the owner and builder who is Stadium Village Homes, LLC and with me this afternoon is Craig Taelman and also the contingent purchaser who is the Jesuit's and with me this afternoon is Bill McCarthy. I'd like to pass out a copy of a site plan and I do have a letter in support from one of the adjacent condominium owners, I'd like to submit. . MR. SPIER PASSED OUT A SITE PLAN AND LETTER OF SUPPORT AT THIS TIME MR. SPIER: As is described in the petition we are seeking a Special Exception to allow units L and M within the condominium development to be used as a group residence for a Jesuit community. The intention is to create one large unit by having the main floor opened to one another thxough the dining area. The opening between the two units will be constructed in a way that it can be closed up should the units ever be sold independently in the future. There will be a maximum of eight residents between the combined units and there will be eight bedrooms in the two combined units. And also there will also be eight parking spaces. Each of the two units has a two car attached garage and then there are two spaces immediately adjacent within the driveway. The proposed use is compatible with the adjacent land uses. Recently in the neighborhood there have been two condominium projects and one apartment development completed or under construction. And also the presence of a Jesuit community within the development, it will be largely unnoticed and virtually indistinguishable from the other condominium units. It will basically operate just like any other private residence. So the approval of this Special Exception will allow the members of the Jesuit community to basically fiinction as one single non-traditional family. And with me this afternoon I have Bill McCarthy that would like to go into a little bit further detail about some of the members that will live here. 2 Board of Zoning Appeals -December 18, 2008 MR. SASSANO: Can I ask you a quick question? Where are the four extra parking spaces. I'm sorry I don't see them. MR. SPIER: Within the drive. Each of the units have a two car garage on the first floor and just right outside in the driveways, there will be two spots. MR. SASSANO: Okay so you're not referring to four designated spots? MR. SPIER: No. MR. BILL MCCARTHY: I'm a Remax 100 Realtor and today I am representing the Clark Street Jesuit community at the request of Father Paul Campbell. Father Campbell approached me two or three months ago with the idea that he wanted to consolidate the Jesuit community that has always existed at Notre Dame. Presently there are seven Jesuit priests that are spread out throughout St. Joe County. Two are living in the dorms at Notre Dame and five that live in a home up in the Granger area. They have a new student coming in next year which will bring us to a total of eight. Father Paul is actually the new administrator of the Jesuits. He's headquartered in Chicago but he is actually like, you would call it the regional manager, that would encompass the Notre Dame Jesuits. The Jesuits have a long tradition of having personnel or staff at Notre Dame and I think I need to point out that these are not typical college students. I have met all of the ones that will be residing here and they are in ages from 20 to 45. They're at Notre Dame studying, technically making them students but they are not typical students. MR. SASSANO: Are they all ordained priests? MR. MCCARTHY: The two students are not. ~ Some of the older ones are. The two that are in the dorms are not ordained yet. They are seminary students. Again what Father Paul, he approached me with this that he wants them to live together as a family. His charge forme was to find a residence within walking to Notre Dame to eliminate the need for each of the students to have cars. We toured a variety of properties within, again another one of my perimeters was a mile from campus, I identified multiple sites that might work and Father Paul settled on the Stadium Village project. Once we settled on that of course the next object again since this is technically not within the law, which is why we're here seeking a Special Exception for I can't think of any better phrase for it than anon-traditional family. And I think that ... MR. SASSANO: Who will own the building? MR. MCCARTHY: The Jesuits. MR. SASSANO: So you're selling the property to them? MR. MCCARTHY: I'm selling the property to the Jesuits and they will retain title. They're viewing it as a long_term.hold. The hold to their community there much as the Opus Day brothers do on south Notre Dame Ave. where there's 15 students and residents. There will not be any type of commercial development there. This is just viewed as lodging. And frankly again they're spacing is very important to them. They want one bedroom for each student. And the privacy issue, there will not be, obviously with this type of resident, it's not a typical student housing issue. 3 Board of Zoning Appeals -December 18, 2008 MR. SASSANO: I just have one quick question for Chuck? Does this Special Exception transfer with ownership or is it tagged to the owner? In other words if they sell it does the Special Exception go away? MR. BULOT: The Special Exception does transfer with the property. It does stay with the property. MR. SASSANO: So if they sold it to a single owner who wanted to rent it to seven or eight students, that could happen without anotJ~er review process? MR. BULOT: That is correct. MR. SASSANO: Is there a way to put a stipulation on the petition that it does go with the owner? MR. JANKOWSKI: No. No... MR. MCCARTHY: Excuse me, we did discuss the possible sale if indeed if it ever...the only reason the sale would come up is if the number of seminary students would diminish over a considerable period of years and at that point that is one of the reasons we wanted to keep units with individual characteristics, what they would seek then if they got into a sale situation, they would re-divide the units and then sell the unit they weren't using. And at that point the council then would have the opportunity to reclassify the unit. MR. SASSANO: Well in the case of a sale, does it become two group residences or does it automatically convert back to multi family? MR. BULOT: I believe once you designate the property that designation and the Special Exception travels with the designated units. So if you have the two units, you're going to have a Special Exception for those two units. If you divide them in half and you sell one of the units and make it essentially two units now rather than the one connected unit, I'm not sure about that. MR. JANKOWSKI: You're being a Special Exception for two units, period. How they construct the inside of .them is none of our ... MR. MCCARTHY: Again I would point out that each presently has a separate address and another part of this process for us willing be combining the address into a single address which again we need to do is because there's an imaginary lot line that runs between the two buildings. MR. BULOT: Let's go back to the example you hinted to earlier and that is in the future sometime dividing them into two separate units. You still have the Special Exception and the use would be for each of the units independently whether or not you choose to use them that way. So if ... MR. MCCARTHY: Again what they've dictated to me is if they're not interested in the Special Exception staying with the unit. That's not one of their goals. MR. SASSANO: How long have the Jesuits been at Notre Dame? MR. MCCARTHY: Decades, decades. This home where they presently are in Granger, they've owned since 1985. And again they're viewing this as a long term hold. Actually Opus Day has been here since the 40's or 4 Board of Zoning Appeals -December 18, 2008 50's. So again the Jesuits have probably been here for at least 30 years and they're not envisioning going anywhere. Again this location is ideal for them. It is right across from the baseball field. Father Paul gets to achieve or have the opportunity to achieve his goal of eliminating the need for cars for the students. It's pretty much a college atmosphere there. Everything around there is multi family, condo. It's a high density area. Just on the eastern side of the campus. IN FAVOR MR. CRAIG TAELMAN: I'm with the builder of Stadium Village and my address is 1212 S. Walnut Street, South Bend. We're in favor of this as a developer for maybe a different reason than they're in favor of it for. Presently all of our owners are out of town owners and they only come in town periodically for the games. And it would be nice to have a local presence there and living there and who can monitor the units daily for us. And if we have local people living in that unit within Stadium Village I think it would be an asset for the whole community of Stadium Village so we have local people there to monitor the facilities on a day by day basis. So we are also in favor of having the Jesuits move into the Stadium Village complex. REMONSTRANCE MR. RICHARD DEAHL: From Barnes and Thornburg, located at 100 N. Michigan Street here in South Bend. I. have the pleasure of representing Joseph Lombardy who is an owner of an individual townhome unit within the Stadium Village development. We do wish to express a couple of concerns of Mr. Lombardy to the Board today.. As you note there's four standards that you as Board evaluate when granting or issuing a recommendations in favor or against or no recommendation for Special Exceptions. In this case the Special Exception goes beyond really a density issue. The Special Exception goes to the core issue of how many people and whether a household or a single family occupy unit. Mr. Lombardy acknowledges that this is certainly a higher dense area. It's a multi family one zoned area which permits single family units to be very close together and with additional variances there are zero lot line property. And Mr. Lombardy in this case has no issue and actually supports the idea of the future development and sale and occupancy of the unit so as by the Jesuit priests. His main concern is that this Special Exception, if it were to be granted, would apply to allow non families or non households to occupy these units on a go forward basis after the Jesuit priest's ownership. And therefore we're respectfully requesting that the Board consider either no recommendation or an unfavorable recommendation unless the Board were to consider imposing some conditions on this Special Exception, such as, the Special Exception would apply only for so long as owned and occupied by the Jesuit priests or their organization. Because without that this Special Exception would create two separate group residences which are basically two units within a single family, high density, but a single family developed area. It would allow two of these units to be used basically by students for rental housing or other uses in that fashion. And that could very well have an impact on values of the property within Stadium Village as well as property values right around there. So we respectfully request that that the Board consider either making no recommendation to the City Council in this matter or an unfavorable recommendation unless conditions were imposed on the Special Exception to limit it solely to the Jesuit priests for their ownership and their occupancy of these two units. Thank you. REBUTTAL: Board of Zoning Appeals -December 18, 2008 MR. SPIER: I understand the concern about the properties after the Jesuits after if they should sell it of the units being transferred to a more traditional student use. We are in favor if a condition be put on the Special Exception. We are in favor of that. MR. HOBAN: I have a question, is there any intention of having a chapel of any sort, Inside the units? MR. SPIER: No. MR. SASSANO: Is this space going to be used for meetings of any kind? Is this simply for dwelling or are you going to have weekly Bible studies ...? MR. MCCARTHY: All they have expressed to me is just housing. Again presently their housing is spread throughout the county and their just seeking to bring students, the Jesuits all together so they can live together as a family. They've expressed no interest at all in any commercial type activities. The building isn't proper for that anyway. It's essentially four bedrooms with a basement. MR. SASSANO: Okay. Chuck correct me if I'm wrong, but should somehow should the use involve more into a public gathering space there are plenty of options through Code Enforcement to address that? Is that correct? In other words there's regular meetings with 20 cars showing up, does that then become a use that the neighbors find disruptive that they can react at that time? MR. BULOT: What you're getting into now is considered religious use and getting into a totally different area. If it functions as religious use then we have to accommodate the loading for the space and accommodate the public now because it falls under as if it were a church or as if it were a synagogue. You have to accommodate the public which means you have to have the handicap accessibility... MR. SASSANO: My question is if somehow this evolves into that, there are ways in which the issue can be brought forward for discussion and resolution if that's what in fact ...giving this a status of a group residence doesn't imply that this group can now operate freely as a religious organization with meetings? MR. BULOT: No. The Special Exception Use is solely for habitation. It doesn't cross over into an additional use. MR. SASSANO: Okay that answers my question. Thank you. My only question then for counselor is, what stipulations can we put on it? MR. JANKOWKSI: You can't limit it. If the Special Exception is recommended, the Special Exception runs with the property, period. 5o you can't stop it there. MR. SASSANO: And you can't put a time frame on it? MR. JANKOWSKI: You can't put a time frame on it. The Special Exception runs with the property. If they were to sell it, they would sell it with the Special Exception in place. And the Special Exception would run with both units regardless how they split it up inside. There's isn't anything you can do to limit that with regard to any motion made by this Board. 6 Board of Zoning Appeals -December 18, 2008 MR. SASSANO: I thought Special Exception were a little more open ended in terms of the definition of the occupancy in that for example you could say that the definition of a Special Exception is the use by a defined religious order for example. Do you understand? MR. JANKOWSKI: I do but what they're asking for is basically a group home. To get what you're talking about is ... MR. SASSANO: Defining a group home? MR. JANKOWSKI: No, no. MR. SASSANO: Group home in the Code is pretty specifically defined. MR. JANKOWSKI: Yes. MR. KILBASE: Didn't we have some comments from Area Plan? MS. CHRISTA NAYDER: Our only real concern was the parking. It looks like that they have at least allowed enough parking, one space per bedroom for this. For this development we were kind of looking down the road if there were to be enough parking for if everyone had one person per bedroom. Specifically for them it looks as if they have it covered here. MR. SASSANO: Well I'll try. I think one of the keys here is the term Special Exception and clearly this is a Special use. I think we're all sensitive to the impact of student housing being minimized and controlled especially in a new townhome development. But this particular Special Exception is in fact special in that they're all priests living in a community through the Jesuit order or seminarians and not the typical student housing. So I don't think the approval of this use would suggest to one or imply the approval of what we would find more typically which is undergraduate or graduate students living together. So I think there is a defined need for this Special Exception, I don't think it is injurious to the public health, safety and welfare. It certainly doesn't have a negative impact on the property values of the adjacent properties since the lifestyle is relatively quiet and seems to fit within the concepts of the denser plan design so I make a motion that we send to the Common Council with a favorable recommendation. A motion to send this Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Sassano and seconded by Mr. Hoffman. The motion carried unanimously. After hearing the evidence on the petition, the Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION SENT TO THE'COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION 7 c It IJ ~ ~ ~`t-~ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511- 3615 Voorde Drive TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Fortis Plastics, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3511:3615 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: Land Situated in the State of Indiana, County of 5t, Joseph, City of South Bend. PARCEL I: A portion of the East '/ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, and a part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast '/4 Section 33, thence South 0 degrees, 07 minutes, 29 seconds West, along and with the East line of said Southeast Quarter of Section 33, a distance of 815.52 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 1,348.23 feet to the intersection of the Northerly Right-of--Way line of Voorde Drive and the Westerly Right-of--Way line of proposed Progress Drive, said point being the point of beginning; thence North 0 degrees 19 minutes 51 seconds East, along and with the said Westerly Right-of- Way line of proposed Progress Drive, a distance of 455.00 feet; thence North 89 degrees 40 minutes 09 seconds West, along a line parallel with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet; thence South 0 degrees 19 minutes 51 seconds West, a distance of 455.00 feet to a point on the Northerly Right-of--Way line of Voorde Drive; thence South 89 degrees 40 minutes 09 seconds East, along and with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet to the place of beginning. PARCEL II: A portion of the Southeast'/a of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees Ol minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line, of Voorde Drive, a distance of 737.20 feet to the point of beginning; thence North 0 degrees 18 minutes 5lseconds East, a distance of 455.00 feet; thence South 89 degrees 40 minutes 09 seconds East, a distance of 302.21 feet; thence South Ol degrees 18 minutes 51 seconds West, a distance of 455.00 feet to the North line of said Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West, a distance of 302.21 feet to the place beginning. EXCEPTING THEREFROM the following described real estate: A portion of the Southeast ~/ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, i*~ St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North Line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees .18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and .Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet. to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. PARCEL HI: A portion of the Southeast '/a of Section 33, Township . 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees Ol minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning and which has Tax Key Numbers New Parce171-03-33-401-006.000-026 (Parcel 1), New Parce171-03-33-401-007.000-026 (Parcel II) and New Parce171-03-33-401-008.000-026 (Parcel III) presently, as an Economic Revitalization Area; and WfI1REAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. ~~- ~ ~ I/~ ~ ~-~ ~ Member of the Common Co cil this ~syA ~~ oily t~ o~~ovide a~ ~~gtunv ~r heariE~ ~:a~~ ~,~.. ~ ~~ ~ pub~iic C>~~~"i.~. ~.~ 0(1 ~il~~~ to Ct~r~'~ pi~i~e a ~c 2 s Zoos s~;id V9~RRE ~~i•CT ,~PPCtC`s~~: :'` ,~,l~CPTs~ :.: ~~~~t ~~~ ~~-o~ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511- 3615 Voorde Drive AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR AIC Ventures (Fortis Plastics, LLC -Lessee) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3511 - 3615 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: Land Situated in the State of Indiana, County of St, Joseph, City of South Bend. PARCEL I: A portion of the East '/Z of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, and a part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast '/4 Section 33, thence South 0 degrees, 07 minutes, 29 seconds West, along and with the East line of said Southeast Quarter of Section 33, a distance of 815.52 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 1,348.23 feet to the intersection of the Northerly Right-of--Way line of Voorde Drive and the Westerly Right-of--Way line of proposed Progress Drive, said point being the point of beginning; thence North 0 degrees 19 minutes 51 seconds East, along and with the said Westerly Right-of- Way line of proposed Progress Drive, a distance of 455.00 feet; thence North 89 degrees 40 minutes 09 seconds West, along a line parallel with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet; thence South 0 degrees 19 minutes 51 .seconds West, a distance of 455.00 feet to a point on the Northerly Right-of--Way line of Voorde Drive; thence South 89 degrees 40 minutes 09 seconds East, along and with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet to the place of beginning. PARCEL II: A portion of the Southeast 1/4 of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees Ol minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet to the point of beginning; thence North 0 degrees 18 minutes 5lseconds East, a distance of 455.00 feet; thence South 89 degrees 40 minutes 09 seconds East, a distance of 302.21 feet; thence South Ol degrees 18 minutes 51 seconds West, a distance of 455.00 feet to the North line of said Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West; a distance of 302.21 feet to the place beginning. EXCEPTING THEREFROM the following described real estate: A portion of the Southeast I/4 of Section 33, Township 38 North, Range Z East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. PARCEL III: A portion of the Southeast '/4 of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. Part of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 32, Township 38 North, Range 3 East, described as beginning at a point three hundred five (305) feet North of the South one-eighth (1/8) corner of the West boundary of said Section; thence East one hundred ninety-four (194) feet; thence South sixty (60) feet parallel to the West boundary of said Section; thence West one hundred ninety- four (194) feet .to the West boundary of said Section; thence North sixty (60) feet to the place of the beginning; and which has Key Numbers New Parcel 71-03-33-401-006.000-026 (Parcel I), New Pazce171-03-33-401-007.000-026 (Parcel II) and New Pazce171-03-33-401-008.000-026 (Parcel III) presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: ~~~ SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of .Agreement between the Petitioner and -the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1:1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. .- ~ ~. ~ ; Member of the Common Counci 4._ , ~~ ns thi h3'1 i~ or~i~~ to provide an .`~_; . ~~;.~ tL~ p~~lio hewing and Councit action on this issue. v v~ESE~r~~ f .: L ~- ~ q ~ii~~i trt Gt~r[~'~ ~f~ic~ DEC 2 9 20G8 ,IG;~:I~! ypG~VE p+[JG3{~T'~, RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1728 l~torth Ironwood Drive AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 'THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR Robert R. Lee (C.E. Lee Company, Inc.) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the parpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1728 North Ironwood Drive, South Bend, Indiana, and which is more particularly described as follows: Part of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 32, Township 38 North, Range 3 East, described as beginning at a point three hundred five (305) feet North of the South one-eighth (1/8) corner of the West boundary of said Section; thence East one hundred ninety-four (194) feet; thence South sixty (60) feet parallel to the West boundary of said Section; thence West one hundred ninety- four (194) feet to the West boundary of said Section; thence North sixty (60) feet to the place of the beginning; and which has Key Number 024-1001-0410 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is fox Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The. Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coun~il ~~ R tics ~•~ ~:,,4 •F si ~Ei~ ;r~.r.M:'y~i~~ i:Jti ~i~.~:;~ ~ ~SSSw~ ~`%:: t,,.u4 F~RESENTED ~ ' LSO !~ NQT APPiZO~fE~s F'tt~d ~tl CIE~I{'~ ®~iiG~ DEC 2 9 2oas CITY CLEPIC, ADOPTEi3 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING~CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 719 and 725 Turnock Street AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Northeast Neighborhood Revitalization Organization, Inc. & Weiss Homes, Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and .WHEREAS, a Declaratory Resolution designated the area commonly known as 719 and 725 Turnock Street ,South Bend, Indiana, and which is more particularly described as follows: A part of the West half of the Southeast quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Lots D & E of Turnock's subdivision of a part of Turnock and Mack's addition to the City of South Bend as recorded in Plat Book 9, Page 82 in the Office of Recorder of said county. Also including the North 7 feet of a 14 foot wide alley being the first East-West alley lying south of Kalorama Street between Turnock Street and the first North- South alley east of North St. Louis Boulevard. Subject to rights-of--way, easements, covenants, and restrictions of record. and this property has Tax Key Numbers 18-5034-1224 and 18-5034-1225, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et seq., and; WI~REAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been"met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and fmds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. 2 SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se . SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member ofthe Common Council 1 ':~9ck3 ~~f.~ ~~~~: '~ kiwi ~o PRESENTED . l - Z~ ~ ~~ NQT APPROVfF3 ~a~r ~~ ~~ ~i~~`~'~ ~fifi~e DEC ~ G 2608 JuiiF~ UQOR~'E ~,DOPTED RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 912 NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH AND CAROLYN QUEENAN WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 912 North St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #129A of .the Plat of "Sorin's Second Addition Fifth Replat" Subdivision recorded by document No. 0809811 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.19 acres more or less. Subject to all legal highways, easements & restrictions of record. and this property has Tax Key Number 018-5107-2783, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et seg., and South Bend Municipal Code Sections 2-76, et se :, and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. . SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. - Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. 2 SECTION III: The Common Council also hereby determines and fmds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the azea herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the properly owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION 1X. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. 3 SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council ~ `~r~ e~~~ ~~ €~:~ ~~i! i - ~~1;- t~ provide ~~ ~L~~ i~?~'' ~ e0r ~f~~eE~ ~C~~~~g ~61€~ ~~aaY ~r ~`viE~it"J Y~~a'4'.ni~'u8 ~~ ~Il~ E~.~9~GAi PRESENTED L ~ ~40 - ~~ TdOT APPROVER JAiy - ° 2009 4 ao~~~ voo a~~o, [r~. CtTY CLERK, uQ ADOPT€13 ~ ~~,~~._ ~~ AEORIMARCWE Confidence By Design ENGINEERS ARCHITECTS PLANNERS SURVEYORS 750 Lincoln Way East South Bend, IN 46601 T. 574-232-8700 F. 574-251-4440 www.abonmorche.com FORT WAYNE, IN BENTON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI December 8, 2008 _ ~~ ~ ~ ~ ~ _ c~~~-~~ City of South Bend Common Council 227 West Jefferson Boulevard, Suite 400 South South Bend, IN 46614 RE: Right-of-Way Vacation 74 Foot Wide Alley on West Side of Turnock Street Lying South of Kalorama Street Dear Honorable Members: Please accept the attached petition and ordinance as our firm's written request, on behalf of the current owner, Northeast Neighborhood Revitalization Organization, Inc, and the contingent owner, Weiss Homes, Inc., to vacate the following described public rights-of-way: (1) a 14 foot wide alley being the first east-west alley lying south of Kalorama Street between Turnock Street and the first north-south alley east of North St. Louis Boulevard. Please refer to the attached drawings for the area to be vacated. The reason we are submitting this vacation request is utilize the north 7 feet of the vacated alley in order to develop two homes to the north. The additional 7 feet will give Weiss Homes the needed width for the construction of two homes. Without the additional 7 feet, only one home could be constructed due to the current narrow lot widths. The City Board of Public Works is expected to consider and approve both the vacation request at either their December 22nd meeting dependent upon various city department reviews or at their January 12tH meeting. If you have any questions or comments regarding this vacation request, please contact our office at 232-8700. We appreciate your time and consideration on this request. Sincerely, ABONMARCHE CONSULTANTS, L.L.C. Derek J. Spier, AEI/CP Planner ,~ 1~ ~~~C~' ~ Cat@~~ ~1~~ Q DE~~BrZ~~U ;~rri v ~Qk3-~~~0, t*t. - - c5~ ~~% F:\Projects\M8-0883\Altey Vacafion\Cify Counicl Vacation. Request Cover Letter.doc ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE; BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property maybe injuriously or beneficially affected by - such vacating: LOTS E AND 13 OF TURNOCK'S SUBDIVISION OF A PART OF TURNOCK AND MACK'S ADDITION TO THE CITY OF SOUTH BEND AS RECORDED IN PLAT BOOK 9, PAGE 82 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. Section IV. The purpose of the vacation of the real property is TO VACATE A 14 FOOT WIDE ALLEY SO THAT THE NORTH 7 FEET CAN BE ADDED TO SAID LOT E TO THE NORTH. THE ADDITIONAL 7 FEET WILL BE COMBINED WITH LOTS D AND E WITHIN SAID TURNOCK'S SUBDIVISION TO THE NORTH AND BE SUBDIVIDED INTO 2 NEW LOTS FOR REDEVELOPMENT. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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 , 2 , at o'clock . m. City Clerk Approved and signed by me on the o'clock . m. at REAG~`iQ , t ~~'~' ~ Q day of , 2 , at Mayor, City of South Bend, Indiana RUBLtC HEARIF~` ~:ra READING I~Ot APPROYE~ ~~ERftfII P1~551~A • :...., ~~~~ ~ 4~ ~~~~~~'=~ ~fii~~~ J ~~ - ~ ,;.~,.l~.o %JVU JG~[~o +JCG~DE Gl~E GLi:;;i4, wU, 8[,f~A, ft~. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: 1215108 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS NORTHEAST NEIGHBORHOOD 803 LINCOLN WAY WEST REVITALIZATION ORGANIZATION, SOUTH BEND, IN 46616 INC. PHILLIP E. BYRD, EXECUTIVE DIRECTOR SIGNATU E RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON (S) LOT # E IN TURNOCK'S SUBDIVISION NAME: DEREK J. SPIER, AICP ADDRESS: 750 LINCOLN WAY EAST SOUTH BEND, IN 46601 PHONE: 574-232-8700 ~.~ ~aert3'~ ~fi~i~~ ~t~~~i ~k n ~~~%~:c~~c,~ CORYDON L. & MELISSA A. HURST HENRY & DELOIS WEYMON HENRY C. JR. & DELOIS WEYMON 53176 PRESTWICK COURT 720 N. ST. LOUIS BOULEVARD 720 N. ST. LOUIS BOULEVARD GRANGER, IN 46530 SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-5034-1217 18-5034-1218 18-5034-1219;18-5034-1220 GEORGE & JESSE L. BROADNAX C/O NEIGHBORHOOD HOUSING SERVICES 1970 BROADWAY, STE. 470 OAKLAND, CA 9.4612 18-5034-1222 CATHERINE M. COUCH 727 N. TURNOCK STREET SOUTH SEND, IN 46617 18-5034-1223 RENEE V. LENOIR 712 N. ST. LOUIS BOULEVARD SOUTH BEND, IN 46617 18-5035-1226 RESTER M. ATKINS ALLSOP RESTORATION INC. 710 N. ST. LOUIS BOULEVARD 50640 MERCURY SOUTH BEND, IN 46617 GRANGER, IN 46530 18-5035-1227 18-5035-1228 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18-5035-1244.01; 18-5032-1135 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 N. NOTRE DAME AVENUE SOUTH BEND, IN 46601 18-5032-1138;18-5032-1140 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18-5032-1137;18-5032-1152 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 N. NOTRE DAME AVENUE SOUTH BEND, IN 46601 18-5032-1141 OWENS HEATING COMPANY 1115 FREMONT SOUTH BEND, IN 46628 18-5032-1154 BLUE & GOLD HOMES, L.L.C. 53243 CATALINA COURT SOUTH BEND, IN 46635 18-5032-1155 HAMPSHIRE GROUP INC. 104 ST. LOUTS STREET SOUTH BEND, IN 46617 18-5035-1245 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18-5032-1153 MADISON CENTER INC. 403 E. MADISON STREET SOUTH BEND, IN 46617 18-5035-1244;18-5035-1243 TRUST NUMBER 753 SOUTH BEND AVENUE, AUDREY RICHARDS, TRUSTEE 753 SOUTH BEND AVENUE SOUTH BEND, IN 46617 18-5032-1156 AJP REAL ESTATE GROUP, L.L.C. P.O. BOX 232 F:~Projectsll~f8-08831A11ey VacationlTax Key Listdoc MISHAWAKA, IN 46545 18-5032-1156.01 J QEC _ Z r:..':' ~-- r.~T1 C....• :. ..~ 1316 COUNTY-CITY BUILDING 227 ~/. JEFFERSON BOULEVARD SOUTH BL•ND,INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ~OA~tU OF I9UBLiC ®RKS January 12, 2009 Mr. Derek Spier Abonmarche Consultants 750 Lincoln Way East .. South Bend, Indiana 46601 PHOraE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE; Alley Vacation -First East/West Alley from Turnock to the First North/South Alley North of South Bend Avenue between St. Louis and Turnock (Preliminary Review) Dear Mr. Spier The Board of Public Works, at its January 12, 2009, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. ~ The vacation would not hinder the use of a public right of way by the neighborhood in which it is . located or to which it is contiguous. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 urior to nickinlr up your radius man. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, ;. Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER --=~_ /LO/- 8sio/- - i~oi- -dJl -7~- ~90~- e~oi- •-~/~-- /9or oo0i-~' /O'L50/- L50/- --I~~- /O'0S0/^ r•J'FL/ /o•emi- --bi~r~ zsor 6~0/- .~y -Ar ilh IV' ~a ~ ~ d~ c r 44 . y ;9 t9o ~~ ~a ~ B ~S ' ~ ~y4 4 C _S ~1 Q~ 1 d~ ~ S n1 C+~aoy~o I.L'd7~1 a Ol- 8 ~ -~ ~ ~~ $ ~ I ~0~~ ~ ~ o ~ s H u m ~ ~ ~ $ •w W a~ ~ ~0 ~ ~ ~ E 'FE r L6/BD aye ~ L ao• ~ u £rao-I I O~~j~ 6 °a. t ~ ~~ b. - m 4yd~ ~ ~ /Fa~ I ~Z. i W _- 6/-- I b6L ~ ~/F%- / gor aOe~^~~ Lo'4o9Q - i - LOBO-p~_ 90bn- /o•Soeo 5090- ti9~~9~ 9^^ti£I^^ ld B L(] y~g I ~~ 1 y- ~~ p ~ a DO/ ~. ~ ~ a .~ ~fi ~ I 5Di aon ~ v ° '71 mil ~ ~ Z® . _ ~ s sizr~'" lzi-E6 C w I zczi- ~ R ~ t9F/'-- I Q\ , '~ sL8//- /O%8//- U 1 ~9//-~i, ~ s ¢~z~- z~r~-~Ea _G ~ $ bLB/ L~ ~ ~+ 09F/= Y'rw ~ EUli/-~/ t'n ~ 8 . OL --o - /aii- ~ o~zr-g/ zozi-y/ . L - - - ~ ~ * W '~LSF ---~ N lo•s~s~ •td --- ~~ sL/r; ~ , eozi-0~ oozi-,E/ • ~szry ~?..e~z~-~ ~ ~ ~ asFi-~' o~ ~t ' 1 9L//- I _ A ESZ/' fi CJ L9L'/- `~ LOr/•~ri 66// Z~ ~ •5c of ~' s ~ ~ -i 1 \ I oL/r- ~ 69a• ~+ ~~z/' , assEi- z ~ I ~ I w I " 89n. I z ~ r` ~ -N w .r, I ~z% W y 0 I ~ I '~' I$ ~ ~ n ~, Lb//-O/ ~`O ~~ s~o -e ~y ~ i ti ~ I ~ I~ ~ ~~ I p ~'A I Ha £ ~'-` ~ m~ * 1 ~. 06//-fj ~ ° ° ~ 6 ~-n n I ~I~" ~ i~ ti ~ ~ $ ~~ I ~ 1 ~'' ~' I vti ~ 9. v adtl c ~ I t ~ o / ra EE •~ fF 99 ~~v ED5 L4 ~~89 ' t -~-zZl ' ~I ~~J.. ~ 1 '735 ~~1 ~ ~~ ~ 'dM.~-- ~'~'d1~oc1 ~/ -8 ~ ~, ---- m zoao- J, - 1 - 0080- r Sato pZ ~~ Pb N_ lit Q I ~i~ ~~~ E ~~ ,b,y~l A9~i g/i• SHEET ~ OF C u: d }' W J p J Q O ~ o a z c C NOTES & LEGEND: 1. THE HATCHED AREA IS THE THE ALLEY TO BE VACATED. ~'ttv~ lt~ dust ~ crt'r ~~ RIGHT-OF-WAY VACATION -SITE PLAN & N PROPOSED MINOR SUBDIVISION INCLUDING LOTS "D" & "E" OF TURNOCK'S SUBDIVISION & THE NORTH 7' OF ADJACENT ALLEY PORTAGE TOWNSHIP, ST. JOSEPH COUNTY W~ E INDIANA S LOT "D" & "E" & NORTH 7 FEET OF ADJACENT ALLEY 12,702 SO. FT. (0.29 ACRES) I LOT „~„ s.o' 1 I I N90'OD'00"E 146 00' 5' S - - IDE YARD SETBACK ' Y Y 23.7' , 28.3' 8.0 o d U Q r. Q m ~ o p n ,%j ~ I m .~ . • U7 ' N 7' 23 10.0' ~ D' ~ I ~ a w LOT "D" . - m • o 725 TURNOCK b sr. m 2s o' D! o . b OLD LOT LINE ~ D. 7 0 36.7 ~ _N _ _ _ _ _ - 2i3 - 1D __ - _ - - ~! - - 5' SI DE YARD SETBACK 5.0' LOT "E" ~ d°- 719 TURNOCK ST. OLD LOT LINE - i _7. r Lil t W Cn / U 1 O z ~ ~ 7 ~ 1~ ~ ,~ ~ LOT 13 I I I DRAWING FOR RIGHT-OF-WAY VACATION ONLY PREPARED FOR: WEISS HOMES, INC. DRAWN BY; DJS I DATE: 12/5/08 CHECKED BY: SCALE: 1"=30' ®® ABONMARCHE CONSULTANTS, L.L.C. 75D Lincoln Woy East Fort Wayne, Indiana South Bend, Indiana 46601 Benton Harbor, Michigan (574) 232-8700 Manistee, Michigan FAX: (574) 251-4440 ENGINEERING / LAND SURVEYING / PLANNING / CDNSTRUC'RDN SERVICES DWG NAME: ZONING: SF-2 RESIDENTIAL SEC. 1-T37N-R2E SEPTIC APP. //: N/A O z O 1 W I .1 m CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF THE MAYOR January 20, 2009 Mr. Derek Dieter (`~ ~ President, South Bend Common Council ~~,~ ~ ~ `-~~ °~ v 4~' Floor, County-City Building South Bend, IN 46601 - Re: Ordinance Appropriating $43,500 for Rent Assistance . to The Family Violence/Special Victims Unit Dear President Dieter: The Family Violence/Special Victims Unit (FV/SVU) is a valuable community resource, located in South Bend, which, among other things, helps victims of family violence obtain civil protective orders. Unfortunately, the FV/SVU's full funding ended December 31, 2008, and while FV/SVU procured a funding grant in 2009, it does not cover the FV/SVU's rent for its building at 711 E. Colfax Avenue. The attached grdinance approves an appropriation of $43,500 to cover half the FV/SVU's rent expense in 2009. This ordinance also represents an effective partnership with St. Joseph County government which is sharing with South Bend half the 2009 rental expense of the-FV/SVU. I will present this ordinance to the Common Council at all its pertinent meetings. Thank you for your consideration. Sincerely, ~i~~~ ~lY~~~~°~'" ~~~i~~~ JAF~ 2 ~ 200 •- ~- Stephen J. Luecke _: ._ :. Mayor .. vC,Ftt 1~9u^f~i: CITt CL~R~. ~C. H~tdt3, ild. COUNTY-CITY BUILDING • 227 W. JEFI:ERSON BOULEVARD • SOUTH BEND, INDIANA 46601 PHONE 574/235-9261 ~ FAx 574/235-9892 • TDD 574/235-5567 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $43,500.00 FROM COUNTY OPTION INCOME TAX (COIT) FUND # 404 TO PROVIDE RENT SUPPLEMENT TO THE FAMILY VIOLENCE/SPECIAL VICTIMS UNIT STATEMENT OF PURPOSE AND INTENT The Family Violence/Special Victims Unit (FV/SVU) is currently housed on the second floor of the Family Justice Center Building at 711 E. Colfax Avenue in South Bend, and it is a cooperative program through the St. Joseph County Prosecutor's Office and the police units of South Bend, St. Joseph County and Mishawaka which assists victims of crime. Among other things, the FV/SVU helps hundreds of violent crime victims obtain civil orders of protection, and it is a valuzble community resource. Through December 2008 the FV/SVU Program was funded under the federal Family Justice Center grant program, and it has secured another grant which covers certain 2009 program expenses, but not rent. To assist the FV/SVU, both St. Joseph County and the City of South Bend have partnered cooperatively to share the 2009 rent expense of the FV/SVU, with each unit paying one half the rent, or $43,500.00 each. This Ordinance authorizes appropriation for South Bend's contribution to FV/SVLJ 2009 rent costs after the County has paid its one half share. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of Forty-Three Thousand Five Hundred Dollars ($43,500.00) be and hereby is appropriated from the County Option Income Tax (COLT) Fund # 404 to pay the City of South Bend's- agreed one half share of the Family Violence/Special Victims Unit (FV/SVU) 2009 rent in the building at 711 E. Colfax, South Bend, Indiana. Section II. This appropriation shall be payable after St. Joseph County has paid its one half share of the FV/SVU 2009 rent. Section III. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor. - LJ~-~- VJ - ~~ Member, South Bend Commo ouncil ~~~.:~~~~ of dhiiy hill i~ o~l~ ~~ pt+~,~id~ E ~ <;:~w~t~~~~°~ ~~r ~uhloc he~t8e~~ ~~~~ ~OUtI~~ a~$~ 00 ~dS I~~ Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana - F:\DATA\SHARE\Legal\Wpdata\AMD\Ordinances\FV SVU Rent Appropriation 01 1509.doC 1st R~ADtFlG ~ -L~- ~`~ ' ., PUBLtC F{EAR1~7G 3 rd R[ADlNG NOT APPROVED REFERRED - ,~_ oe~tFn ._ - ~t~~~ iii ~{~i'~'~ ~~~s~~ ~a~ 2 a 2oag d~;`!~J VQi~~ s~E CITY DLr':i;, c~. E<EryT~, tad. LL -. O a5 d .:f~~:: o •:i<: m~ ~~d ~~~ s` G. a1~ v O N ~; . ~ .- x ~~'r~'~'3'' JAMES D. MARKLE, R.A. Design/Plan Review Specialist BUILDING DEPARTMENT 125 S. LAFAYETTE BLVD. SUITE 100 SOUTH BEND, IN 46601 (574) 235-9554 TDD 574-235-5567 FAx 574-235-5541 CHARLES C. BULOT BUILDING COMMISSIONER ~~ ~~111~I~i~I// ~~ rz~ / ~% x~__/ x MARK A. LYONS Asst. Zoning Administrator Januar 12 2009 I~Jw ~ ~ ~ ~ ~~ Y ~ _ The Honorable Derek Dieter ' `' `~~ ~ 5 '~i;~9 ,~~1 i'. South Bend Common Council ... - - ~F 455 County-City Building - . _ "~ South Bend, IN 46601 ....- . - . ~ ~ ~ ..- ~:~ `~'~ RE: Intent of Filing for Changes Chapter 6, Building, of the South Bend Municipal Code Dear Mr. Dieter: On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further create the "Consolidated Building Board". In 1993, by Ordinance No. 8412-93 subsection 1, the Board created the Building Department as an enterprise fund. It has been determined that in order to adequately maintain the enterprise fund, a fee increase would be needed as set forth in this ordinance. In addition, advanced technology has created a need for regulations and inspections of low voltage installations as set forth in this ordinance. Further, the increasing demand for formal documentation of various zoning regulations and compliance has created a need for fees related to processing of these documents. All document fee increases are based on 2008 year-end average hourly overhead costs for one-hour and two-hour processing times. I intend to present these changes at the next available scheduled Common Council meeting. Feel free to contact me if you have any questions. Sincerely, Charles C. Bulot Building Commissioner ~il~d Ifl ~t~Cv ~ ~~s6~~ JAN 2 0 2009 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6, OF THE SOUTH BEND MUNICIPAL CODE AND TO ADD SECTION 6-4.7 TIME LIMITATION ON PERMITS, AND SECTION 6-26 LOW VOLTAGE CONTRACTOR REGISTRATION STATEMENT OF PURPOSE AND INTENT On December 31, 1991, the City of South Bend grid the County of St. Joseph entered into an agreement to merge their building departments; and further created the "consolidated Building Board". In 1993, by Ordinance No. 8412-93, Subsection 1, the Board created the Building Department as an enterprise fund. It ha.s been determined that in order to maintain the enterprise fund, a fee increase will be needed as set forth in this ordinance. In addition, advanced technology has created a need for regulations and inspections of low voltage installations as set forth in this ordinance. Further, the increasing public demand on the Department to provide documentation for various zoning regulations and compliance has created a need for fees to cover costs of providing those documents. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 6, Article 1, Section 6-4.1 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 6-4.1. Filing Fees-and Improvement Location Permits. and Document ProceSSin~/I'reuaration Fees. The fees levied by this section shall be paid prior to the issuance or acceptance by the Building Commissioner of ,any petitions filed with the Board of Zoning Appeals, Improvement Location Permits or written documents on zoning and uses as regulated by .Chapter Zl ~of the South Bend Municipal Code Document processing fees shall be raid prior to the issuance of documents including but not limited to verifyin~ zoning legal non-confonnin~ uses lots of records, rebuild letters. (1) ~ Board of Zoning Appeals: a. Variances and Appeals - $85.00 b. Special Exceptions - $300.00 (2) Improvement Location Permit: a. First Term: $20.00 b. Renewal: $20.00 (3) Document Processing/Preparation Fees: a Zoning Verification Only - X25.00 fb) All Other Documents - ~~.0~ Section II. Chapter 6, Article 1 of the South Bend Municipal Code shall be amended to include a new Section 6-4.7 titled Time Limitation on Permits to read in its entirety as follows: Section 6-4.7. Time Limitation on Permits (a) All~ermits issued by the Building Department except where stricter limits are specifically stated in this Chapter or in Chapter 21 Zoning shall be valid when work is started within six (6) months from the date of issuance and completed within one 1 near. (b) By request an extension of six (6) months may be granted with a maximum of two (2) such extensions. (c) If work is not completed within two (2) years from the date of issuance, a new hermit shall be required The fees for building_permits shall be based on the cost of completion of the work The fees for all other hermits shall be based on the apparatus equipment, and/or wiring being installed or performed in accordance to the fees listed for that work m this Chapter. Section III. Chapter 6, Article 2, Section 6-6.3(c) of the South Bend Municipal Code shall be amended to reading its entirety to read as follows: Section 6-6.3 Demolition Permit and Registration. (c) All persons performing demolition work within the City shall be registered with the Department. Registration shall be on forms provided by the Department and shall be accompanied by payment of a registration fee of one hundred dollars ($100.00). Said registration shall be for a term of one (1) year ~ ~'~ ~' ` •°°"^""° commencine on the effective date of the surety bond_re4uired by this Section. However, an owner of the property performing their own demolition work shall be exempt from the bonding and registration requirement, with the exception of building or structures being demolished which are over six hundred (600) square feet, the owner shall be subject to the bonding requirement set forth in subsection 6-6.3(d). 2 Section IV. Chapter 6, Article 2 Section 6-6.5(c) of 'the South Bend Municipal Code shall be amended to read in its entirety as follows: Section 6-6:5 b m.~.: ?t:, sign ('onti•actor Registration. (c) All persons, firm, or corporation erecting signs in the City for °~ ~^''^^ remunerat~~1 shall be registered with the Department. Registration shall be on forms provided by the Department and be accompanied by a five thousand dollars ($5,000.00) bond made payable to 'the City of South Bend indemnifying the City against all loss or damage to public ways, public places, and other public property during the course of the work under the sign permit and further conditioning that the applicant will indemnify the City and pay any and all personal and property damages caused by any negligent act or omission in the erection of such sign, proof of liability insurance t'r'^ ' ~' " ~'' ""*°''_~' ~f ''~ ~ ,*h R°"`' 1 J L na '^^~ ~'^~~°., in the amounts of one hundred thousand dollars (5100 000 00) per person, three hunc'red thousand dollars ($300 000 00) per occurrence and fifty thousand dollars ($SO.000.OO~cr property damage to save and keep the City harmless from andclaims. damatres• liabilities tosses actions suits or iudQments which may be brought presented, sustained or obtained aQainst_the City or itti officials because of negligence of the sign banner contractor or his agents, or by reason of defects in the constn~ction or damages resulting from the colianse or failure of anv sign, and payment of a registration fee of one hundred dollars ($100.00). Said registration shall be for a term of one (1) year ~ *' ~' r F '~ ""'^° commencing on the effective date of the surety bond. Section V. Chapter 6, Article 6, Section 6-23(h)(1) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (h) Tend of license; renewal: (1) Term: The term of each license under this article is from the effective date of '.. + .. ?:..~-...° the surety bond and for twelve (12) months thereafter. .~ Section VI. Chapter 6, Article 6, Section 6-24(c) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (c) Fees. Each application for a permit for installation or alteration of electrical wiring or equipment shall be accompanied by fees in accordance with the schedule below, with a minimum permit fee being twenty dollars ($20.00). (1) Temporary service for construction: All amperage $ 7.00 (2) Switchboards and panel boards each, new and replaced: 60-amp $ x-98 7.00 100-amp X98 9.00 200-amp X98 12.00 400-amp -1-?:98 15.00 600-amp -1-5-98 20.00 Over 600-amp to 2,000 amp 29:88 25.00 Over 2,000 amp 2-5:98 50.00 (3) Circuits (new or replaced): a. Each Circuit x:88 5.00 (4) Horsepower (machinery): a. First hp 7.00 b. Each additional hp 0.25 t 51 Pool wiring and/or bonding 20.00 !6) Repair extension, and/or Maintenance of wiring ?0.00 {~}~ Reset. relocation and reconnect fees, each 20.00 I (~~~ Each re-inspection fee 25.00 I (~}~ Each additional final inspection 50.00 If the exact number of circuits or horsepower is unknown at the time of the application for a permit, a permit may be taken for the minimum amount known with new permits issued as the extent of the work known. Section VII. Chapter 6, Article 6 of the South Bend Municipal Code shall be amended to include a new Section 6-26 titled Low Voltage Contractor Registration to read in its entirety as follows:. Section 6-26 Low voita~e contractor Registration. It shall be unlawful to en~a~e in business in the City as a contractor installing low voltage wiring without first having_registered as required by this article. Section 6-26.1Definitions. 4 The term "low voltage contractor" for the purpose of this article, shall mean and include anyone engaging for remuneration in the business of installing low voltage wirm~, mcludm,~ but n_ot limited to security, fire, burglary and surveillance svstems• video/audio cable data, CATV, Fiber Optic and telephone cables. Section 6-26.2. Regulations. (a) Any contractor engaging for remuneration in the installation of low voltage wiring shall be construed as doing_business as a low voltage contractor. fib) It shall be the duty of all low voltage contractors to comply with the Electrical Code adopted by the City of South Bend. ~c) Failure to comply with the Electrical Code and all other applicable local, state and federal laws and regulations shall be grounds for suspension or revocation of a low voltage wiri~~permit issued hereunder and may be grounds for refusal to renew the low voltage contractor registration. Section 6-26.3 Registration. (a) Application and forms All forms required by this article shall be made available in the Office of the Building Commissioner and shall be kept on file m that office. Every- ap lication for registration or renewal thereof, as required by this article, shall be filed with the Officer of the Building Commissioner Such registrations shall be reviewed by the Building Commissioner or his representative as to their content and applicability and shall be reviewed on an annual basis. (b) Fees The annual fee for a low voltage contractor registration shall be one hundred dollars ($100.00). (c) Surety Bond Each applicant for registration must also provide a surety bond p~able to the City in the Qenal sum of five thousand dollars ($5 000 00) conditioned upon faithful compliance with the provisions of the electrical code as rt relates to work performed b~ the applicant, and agreeing to pay all damages costs, and expenses caused by the applicant through failure to comQly with such provisions. (d) Terni of Registration All registrations received under this Article shall be for a term of one (1) year commencing on the effective date of the surety bond. _. = Section 6-26.4 Permits. (a) Required in advance No person shall perform or cause to be performed the installation or alteration of any low voltage wiring on or within any buildm~, structures or premises within the City without obtaining= in advance a permit from the Building Department. (b) Penally Where a person shall unlawfullyproceed to do any work or installation without a~ermit as required herein the applicable permit fee shall be tripled as a penalty. The payment of such penalty shall not release the person in default from any other penalties provided herein or in any other relevant section of the South Bend Municipal Code nor from compliance with any relevant provisions of the South Bend Municipal Code. (c) Fees Each application for a hermit for installation or alteration of low voltage wiring shall be accompanied by fees in accordance with the schedule below with the minimum permit fee of twenty dollars ($20.00)._ (1) Outlet, termination, and/or jack, each $3.00 Section VIII. Chapter 6, Article 7, Section 6-36.2(8)(1) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (g) Term of license; renewal: (1) Term. The term of each license under this article~.~~ commences on the effective date of ' f ..~ '.:e°^~° the surety bond and is for twelve (12) months thereafter. Section IX. Chapter 6, Article 11, Section 6-50(c) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Section 6-50 Prelicensing Registration Process. (c) Term of registration. All registrations received under this article shall be for a I term of one (1) year commencing on the effective date of is~«i~e the surety bond. Section X. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. Attest: . w ,City Clerk K.- ~ - ~ ~.-~ti., \ Member, South Bend Common Cou it i~~ }~ rr ~~ •`. as.. ^r. a ~ rub 0~"'' ~~Hr~0~ 3i'ii~ ~~! Rft~I c ~~ BSI ~ ~5t1@e ! . Presented by me to the Mayor of the City of South~Bend, Indiana on the day of , 2 , at o'clock . m. Approved and signed by me on the o'clock . m. City Clerk day of 2 , at F:\DATA\SHAREIIxgal\WpdataWMD\Ordinances\Building Ord 010309.doc PUBLIC !-IEARIh!G _ 3 rd R~ADtPJG NOT APt'ROVE!? REfERRE0 PASSED - Mayor, City of South Bend, Indiana r ia4 I~ ~E~C'1~C'~ ~fi~~~:~ 1 pt ?_ 0 2009 ~'~<<~ IJ a _ d~- 3 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITI' OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 744 SOUTH MAIN STREET:: WHEREAS, Indiana Code Section 36-7•-4-915.6, requires the Common•Cotulcil to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Couiici] is required to tnalce a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-915.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COAZMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 744 SOUTH MAIN STREET,. SOUTH BEND,~INDIANA in order to pemlit A SPECIAL EXCEPTION TO ALLOW A GROUP RESIDENCE (contingent on rezoning from LI to MU) SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Conunon Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. • SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent'with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerlc. SECTION V. The Resolution shall Ue in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 3 Member of the Common Council Signirn of tt1iS bill iy ortt~r to pro~'~.~e ~;~ o;~~r~3~r~t~ for uuL~~, hearing 81~ C~1 ~ld~~ ~~t~i~ ~ ,~-. PRESENTED ~ ~ 2,~ ~ o ~ I~C?T AFPi:QVf~ ~poPTt7D ~t~~d ~€~ ~~y~'Pfi'~ ~~~~~ DEC 2 4 2003 J~1{E~ il4~+~~~ ' C1T'f GLFk[~,uJ, kvid7, [v, BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANTS' NAMES: Michael Baxter Margaret Pfeil and Charles Wilber, on behalf of Our Lady of the Road ADDRESS: P O Box 4375 /South Bend, IN 46634 PHONE: (574) 514-8859 ADDRESS OF PROPERTY: 7~4 South Main St. /South Bend IN 46601 PRESENT ZONING OF PROPERTY: LI OWNER'S NAME: 744 South Main LLC (c/o P.H. Mullen) PHONE: (408) 836-9325 ADDRESS: 853~Terra Bella Ave. /San Jose, CA 95125 COUNSELOR CONSULTANT: N/A PHONE: N/A ADDRESS: N/A NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Seeking a special exception to allow a group residence for weather-related emer~ency. Please see attached sheets for justification contingent on re-zoning from LI to MU. I attest under the penalties for perjury that the foregoing representations are true. Signature of Property Owner(s) ....,. Justification for Seeking a Special Exception as a Group Residence for the property located at 744 South Main St. South Bend, IN 46601 Submitted by Michael Baxter, Margaret Pfeil, and Charles Wilber On behalf of Our Lady of the Road, Inc. P.O Box 4375 South Bend, IN 46634 (574) 514-8859 This petition pertains to a property zoned LI (Light Industrial) and is made in concert with a petition for re-zoning to MU (Mixed Use). It seeks a special exception so that the re-zoned property may be used as a "group residence" for emergency in ielation to the program known as "Weather Amnesty" whereby people with nowhere to stay are housed overnight by social agencies and ministries. The property is located at 744 South Main Street in South Bend, Indiana. The building area is 12,320 square feet situated on .97 acres, with frontage on South Main Street, just to the south of the downtown area in South Bend. 'The building consists of (1) a large front area with a kitchen, chairs, tables, and couches; (2) behind this, another large area for men's and women's restroom, three showers, three washers and driers, and clothes racks; (3) behind this, another large area for supplies; storage, and a small office; (4) behind this, a smaller area for use as storage; (5) adjacent to this, a warehouse area for more storage of larger items; and (6) an upstairs area which is vacant. A large parking lot (18,900 square feet} is located to the north of the building, and a side yard is located to the south of the building. As regards the proposed special exception for "group residence," Our Lady of the _ Road has been asked by social agencies and ministries to assist in providing housing to homeless people over night. People will be welcomed in the evening and depart early the next morning. They will be received in the front area of Our Lady of the Road (# 1; __, ._ above), use the bathrooms and showers (# 2), and sleep on twin beds in the area adjacent to the office and supply room (# 3). At least two staff members and/or volunteers of Our Lady of the Road will stay over on these nights as well. This service will be provided in conjunction with the Center for the Homeless, Hope Ministries, the YWCA, Life Treatment Center, and other agencies operating as part of the Continuum for Care. The number of people housed for weather amnesty would be about ten, the same number of people not being taken in by Hope Ministries due to changes in their facilities. This will therefore not increase the overall number of people receiving overnight weather-amnesty but allow it to remain the same. Our Lady of the Road will begin functioning as the final z option for overnight housing, although this order could change in response to changes regarding other social agencies and the overall situation of homelessness in South Bend. Regarding the four standards for special exceptions, these are listed separately and they are followed by a statement as to how this petition meets each of these standards. The first standard is that "the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare." This proposed use will not be injurious to the public for the following reasons. First, as regards public health, the proposed use will result in homeless people being able to sleep indoors rather than on the streets, in abandoned buildings, or with others in possibly overcrowded conditions. Second, also regarding health, this use will give the homeless people the time, energy, and sleep needed to address personal health issues. Third, as regards comfort, this proposed use is not injurious, in that it will not involve any more people sleeping in this space than would be permitted under pertinent regulations. Fourth, as regards community moral standards, this proposed use is not injurious in that the moral standards of the people staying overnight at Our Lady of the Road do not differ substantially from those living in other homes in this or any other neighborhood. Fifth, as regards convenience, this proposed use is not injurious to the comfort of the public; to the contrary, if the reality of homeless people living on the streets is taken to be a matter of public inconvenience, then this proposed use will enhance, albeit in only a small way, the convenience of the public. As regards the general welfare of the public, this proposed use will enhance it, especially if we consider (as the Russian writer Fyodor Dostoevsky beckoned us to consider) that a society is to be judged on how well it cares for its weakest members. In these ways, this proposed use is not injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. So the first standard for granting a special exception is met. The second standard is that "the proposed use will not injure or adversely affect the use of the adjacent area or property values therein." This proposed use will not injure or adversely affect the use of the adjacent area or the property values therein, for several reasons. First, the property to the north of this property is a parcel that was used by Indiana Michigan Power for transformers but is now unused and will be unused for the foreseeable future. Second, the property to the west, across Main Street, is .. currently being used by Indiana Michigan Power for transformers and no other purpose. Third, the property to the south, Rink Publishing, is separated from this property by asix- foot-high chain-link fence, an alley, another six-foot-high chain-link fence, and a Iarge parking lot, thus making access to that property difficult. Fourth, most of the property to the east is owned by tl~e Center of the Homeless; it includes a garden, a parking lot, and the south side of a building which is used by the CFH for similar purposes. Fifth, the property to the northeast, a typesetting company, does not do business in the evening and is located a hundred feet away from this property. Sixth, the presence of staff people on weather amnesty nights will increase the opportunity to observe, oversee, and regulate the night activity in this area. Seventh, Our Lady of the Road will install lighting to improve nighttime visibility in its parking lot, an improvement that will be a benefit throughout the year. Eighth, the availability of more overnight shelter will draw people indoors to sleep and thus diminish the likelihood of loitering and other unsavory night activity in the area. Ninth, periodically providing weather amnesty will not lower property values in the area because similar programs are already operating and, as noted above, Our Lady of the Road will only be replacing a similar program that has existed for several.years. For these reasons, the second standard for granting a special exception is met. The third standard is that "the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein." The district in which this property is located and the land uses authorized therein are entirely consistent with the proposed use. Several properties in the immediate area are zoned for mixed use and, as mentioned above, are used for similar purposes and thus enjoy a use in keeping with the special exception proposed here. Specifically, to the east of the property, the Center for the Homeless uses a lot for parking the vehicles it uses in its landscaping and snow-removal business, which employs homeless people. Also, to the east of the property, the Center for the Homeless uses a lot for gardening which also will involve homeless people. Also, to the southeast of the property, the Center for the Homeless hosts a Madison Center outlet, which receives many homeless people. Each of these efforts addresses the needs of a population similar to the one to be served by Our Lady of the Road taking in homeless people on weather-amnesty nights. Also, the work of taking in homeless people on weather amnesty nights will involve no major exterior renovations to the building or the grounds of the property, other than improvements such as installing outdoor lighting, repaving the parking lot, and repairing existing fences. The fourth standard for granting a special exception is that "the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan." This proposed use is compatible with the City plan in several respects. First, as regards the trends that prompted the City of South Bend to begin work in 2002 in the City Plan, one such trend is a decline in the City population. The proposed use will make it possible for a few homeless people, the majority of whom are long-term residents in South Bend, to remain in South Bend, until they find employment or are able attain needed services. Second, as regards the trends that prompted the City of South Bend to begin work in 2002 in the City Plan, another such trend is that the population of South Bend is much more diverse than it was when the last city plan was formulated in 1961. The proposed use is in keeping with this increase in diversity, in that Our Lady of the Road welcomes ~- people of any race, color, ethnic group, gender, sexual orientation, ability or disability, and religious creed, including those who profess none at all. Third, as regards the City Plan's guiding principle of "flexibility," the proposed use of this property falls within the parameters indicated by this principle. This area is characterized by a mixture of "light industrial" zoning, typically for light manufacturing, warehouse, and service-related activity, and "mixed use" zoning, typically retail, office, and dwelling units. Granting this petition for mixed use would meet the principle of flexibility, while not in any way conflicting with the overall nature of the area. 4 Fourth, as regards one of the elements of the City Plan, namely, the "Vision of South Bend in 2025" that was adopted by the Common Council on May 10, 2004 as part of the basis for the City Plan, the proposed use is compatible with this vision, in many respects. The vision calls for "diverse housing choices," and highlights "achievements of ethnic and racial harmony, volunteerism, philanthropy, and just and equal access to economic and social opportunities." The proposed use enables an important part of the population of South Bend, naively, homeless people, to pursue housing choices. There is story after story of guests at Our Lady of the Road who use its services and then have been able to move into their own homes. Moreover, people of diverse racial and ethnic groups staying together under the same roof, albeit on an intermittent basis, can promote harmony. In addition, the proposed use will promote volunteerism, inasmuch as Our Lady of the Road will use volunteers to assist in weather amnesty hospitality. Also, Our Lady of the Road receives no formal funding from the Church, nor from federal, state, or local governments. It relies on personal donations. In this way philanthropy is promoted. Finally, the proposed use will foster the just and equal access to economic and social opportunities, inasmuch as it enhances such access for a segment of the population who are often deprived of such access owing to purposeful stereotyping and popular prejudice, namely, the segment of the population of our City who are homeless. In sum, the proposed special exception for the property at 744 South Main Street in the City of South Bend for use as a group residence meets all four standards set forth as principles for- determining the worthiness of a petition for a special exception. ~~ +.~. DRb 441TW NYtI Ql Wt-N O-pllY ® Ir*7VD OOOIt 1 1'RME DEMOLITION PLAN ~ ~~ • ~ h~ ~° 50UiH MAIN STREL'7 SITE PLAN (~y t 6 . ~' IO011 ---~- JL. JV JCN~~ ••J • Rec PARCELID NAME_1 TAXMAILADD TAXMAILCIT 018-3041- CENTER FOR THE 1 1574 HOMELESS lNC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- INDIANA AND MICHIGAN 2 1563 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3041- INDIANA MICHIGAN POWER 3 155902 COMPANY P O BOX 16428 COLUMBUS OH 43216-6428 018-3041- 4 1583 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3041- 5 1586 M R S REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3041- LEINEN ARTHUR R JR & 6 1588 BRENDA SUE 22405 US 12 EDWARDSBURG MI 49112 018-3022- 7 0818 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- 8 1578 L C TYPESETTING CO INC 747 S MICHIGAN ST SOUTH BEND IN 46601 018-3018- 61546 MIAMI MEADOWS 9 0674 G M 3 B LLC CT SOUTH BEND IN 46614 018-3041- 61546 MIAMI MEADOWS 10 157101 G M 3 B LLC CT SOUTH BEND IN 46614 018-3042- UNIVERSITY OF NOTRE 11 1634 DAME DU LAC % RICK K 836 GRACE HALL NOTRE DAME IN 46556 12 1615 RL61 LLC 3510 PARK PLACE MISHAWAKA IN 46545 018-3041- THE CENTER FOR THE 13 1579 HOMELESS INC 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 14 0816 BENDIX LOCAL 9 740 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 15 0819 MARANATHA TEMPLE !NC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- PEAK MONICA M & 1ST 16 1572 SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617 018-3041- 17 156801 744 SOUTH MAIN LLC 744 S MAIN ST SOUTH BEND IN 46628 018-3042- 18 1621 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3022- 19 0820 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3042- CITY OF SOUTH BEND DEPT 1400 COUNTY CITY 20 163001 OF REDEV BUILDING SOUTH BEND IN 46601 018-3042- 21 1630 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3042- 22 1631 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 CENTER FOR THE 018-3041- HOMELESS INC ATTN 23 1577 SHANNON 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- CENTER FOR THE " 24 1591 HOMELESS INC 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- SMITH EDWARD L & LAURA 25 0817 1l21NT LEVY EDWAR 316 S EDDY ST SOUTH BEND IN 46617 018-3041- INDIANA MICHIGAN POWER 26 155901 COMPANY PO BOX 16428 COLUMBUS OH 43216-6428 018-3041- CENTER FOR THE 27 1576 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 28 0815 BENDIX LOCAL 9 740 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- INDIANA AND MICHIGAN 29 1565 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3022- 30 0814 BENDIX LOCAL #9 740 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- CENTER FOR THE 31 1575 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- INDIANA AND MICHIGAN 32 1561 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3041- PEAK MONICA M & 1ST- - 33 1573 SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617 018-3041- INDIANA AND MICHIGAN 34 1564 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3022- 35 0813 J & J ENTERPRISES 732 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 36 0812 J & J ENTERPRISES 730 S MICHIGAN ST - SOUTH BEND IN 46601 018-3041- 61546 MIAMI MEADOWS 37 1560 G M 3 B LLC CT SOUTH BEND IN 46614 018-3018- HERITAGE RESTORATION 38 0673 AND DEV GROUP LLC 2197 SOUTH 2200 EAST SALT LAKE CITY UT 84109 018-3018- 715 SOUTH MICHIGAN 39 0686 PARTNERSHIP 715 MICHIGAN SOUTH BEND IN 46601 018-3041- 61546 MIAMI MEADOWS 40 1571 G M 3 B LLC CT SOUTH BEND IN 46614 018-3041- 61546 MIAMI MEADOWS 41 1570 G M 3 8 LLC CT SOUTH BEND IN 46614 018-3018- 42 0685 701 SOUTH GATEWAY LLC 701 S MICHIGAN STREET SOUTH BEND IN 46601 018-3041- DESIGN PACKAGING INC SOUTH BEND IN 46624- 43 1558 "07/08 PROB PLAT' PO BOX 564 0564 018-3041- PETER NEMETH 44 1559 PROPERTIES LLC 613 DUBLIN DR MISHAWAKA IN 46545 Board of Zoning Appeals -January 15, 2009 A motion to send this petition to the Common Council with a Favorable Recommendation subject the rezoning being passed and to allow a group residence for weather related emergency as set forth in the standards by the St. Joseph County Continuum Care was made by Mr. Hoffman and seconded by Ms. Wilder- Hamilton. The motion carried unanimously. After hearing the evidence on the petition, the Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation with conditions. Based on the testimony presented, the Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation with conditions and will issue written Finding of Facts. SPECIAL EXCEPTION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION WITH CONDITIONS BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 January 16, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 1/15/09 Dear Council Members: The above referenced petition of Michael Baxter, Margaret Pfeil & Charles Wilber, on behalf of Our Lady of the Road was legally advertised on January 1, 2009. The Board of Zoning Appeals gave it a public hearing on January 15, 2009, at which time the following action was taken: Upon a motion by Mr. Hoffman, being seconded by Ms. Wilder-Hamilton and unanimously carried, the petition for Special Exception for a group residence for weather related emergency, on property located at 744 S. Main Street, is sent to the Common Council with a Favorable Recommendation subject to the rezoning and to allow a group residence for weather related emergencies as set by the St. Joseph County Continuum Care. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot Building Commissioner ~" -~ CCB/cah BAXTER, PFEIL ~. WILBER ON BEHALF OF OUR LADY OF THE ROAD (group residence in "MU") SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the properly predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: SUBJECT TO THE REZONING AND TO ALLOW A GROUP RESIDENCE FOR WEATHER RELATED EMERGENCY AS SET FORTH BY THE ST. JOSEPH COUNTY CONTINUUM CARE DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 15th Day of January, 2009. YES NO RICHARD KILBASE ® CHRISTOPH HOFFMAN ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON Board of Zoning Appeals -January 15, 2009 MICHAEL BAXTER, MARGARET PFEIL, AND CHARLES WILBER ON BEHALF OF OUR LADY OF THE ROAD The petition of Michael Baxter, Margaret Pfeil, and Charles Wilber, on behalf of Our Lady of the Road seeking a special exception to allow a group residence, for weather related emergency on property at 744 S. Main Street. This property is zoned LI pending rezoning to MU. MR. MICHAEL BAXTER: I reside at S15.S. St. Joseph St., South Bend, and I am one of the three board members for Our Lady of the Road, and Margaret Pfeil and Charles Wilber are also present to answer any questions that might arise. They are the other two board members. We started Our Lady of the Road in December of 2006 and we originally opened up our services to people who came to Our Lady of the Road during the day time. Our idea was to provide simple services to people in form of coffee, showers, laundry and so on. In the past two years the ministry has grown so that now about 50 to 100 people throughout the year come in any given day. We are open three days a week, Friday, Saturday and Sunday. When we did the architectural design for the building we asked John Werntz our architect to design it in such a way that if there were ever a need and we were called upon that we would be able to provide some overnight stay as well. But we never perused that but we did think in our minds that this need might arise. Well it so happens that early this fall, mid fall I would say, several of the other social agencies operating downtown serving the homeless did turn to us specially for the weather amnesty program where by people are allowed to come in out of the cold for overnight stay on a very simple basis. Come in the evening and leave in the morning on the cold nights. The social agencies downtown including the Center for the Homeless, Hope Ministries, Life Treatment Center and other agencies have been providing this. There was a change in the capacity at Hope Ministries so that they we able to take 10 instead of the usual 20 people a night. And people having done a count of the downtown area thought that there might be a need based on their counting based on the down turn of the economy and for the bad forecast for the winter which has materialized before our eyes. So we are coming to this Board seeking a Special Exception to a prospective rezoning from LI to Mixed Use. The Special Exception allowing people to stay on an overnight basis at Our Lady of the Road. I laid out in the justification in some detail the questions and the answers that we have as to the four criteria which are relative to this application. Basically we think that it is not injurious but in fact good for the community to betaking in people who are on the streets, especially on the coldest of nights for overnight stay. We believe that it doesn't have a deleterious effect on the district because this type of service is provided to adjacent, by services who are housing adjacent properties. This service will not require us to change the structure of the building or property in any way except to improve it by probably installing outdoor lights and just generally having people at that site at night will have a positive effect on the patterns of the people during the night time hours. So we feel like this is very fitting to what we've been doing and it's fitting to what other agencies that are located nearby are doing as well. I can keep it as simple as that. MS. WILDER-HAMILTON: Will the facility available over the weekend or open Friday, Saturday and Sunday? _ MR. BAXTER: Yes. We would like to have people stay overnight on any cold night where there's a real need. A lot of people stay outside and they tucker through a lot of difficult weather but when the weather gets really cold, even the hardiest of souls look for a place in weather amnesty so. MS. WILDER-HAMILTON: What degree is considered. severe cold? 4 Board of Zoning Appeals -January 15, 2009 MR. BAXTER: 32 at the moment. It used to be at 26 and I think a few years ago it was raised to 32. Some where is the toughest. time for people on the street or when it's above 32 and it's still cold like in the 30's and the low 40's. MR. HOFFMAN: Jeff, this is for you. I'm reading ahead here. Do we have any legal issues with the term weather amnesty? MR. JANKOWSKI: No because that would be the only time that this would be operable. MR. HOFFMAN: Right and that is defined, so. MR. JANKOWSKI: And that would be included in whenever you're making a recommendation or no recommendation. And that would be included in whatever it is that you decide that it would be limited to a declaration of weather amnesty by somebody. I don't know who that is. MR. HOBAN: Yeah who defines weather amnesty? Is that a Federal thing or local...? MR. JANKOWSKI: I don't know. I don't know the answer to that. I don't know where that standard comes from, that's what I'm concerned about also. MR. HOFFMAN: Because it's not necessary defined as a weather emergency, where the Mayor would step in. MR. JANKOWSKI: The Mayor can declare a weather.emergency. The Commissioner would declare some sort of weather emergency where you talk about the heating centers would kick in. Where weather amnesty kicks in, I don't know who makes that declaration. MR. HOBAN: Do you have an answer on that. I'll allow you to come back up to the podium again if you'll wish. MR. BAXTER: My understanding is weather amnesty is a program that was instituted by the social, by a network of social agencies downtown under the auspices of what they call the continuum care. So basically 'the social agencies have decided that they would work together and have an order for people, you know how many are taken at which agency and that they in somev,~hat an informal way determine what's appropriate to take people in over night. The emergency overnight that people are taking about now because of the cold, is something I think is something that occurs through the Mayor's office of Mishawaka and South Bend as well as the County Commissioners. Where they declare a cold emergency and then all sorts of restrictions are held in advance for that time. The only reason I know this is because people are talking about now, the last few -days. I might not be entirely accurate about but I think we are talking about two different things with the formally declared weather emergency and the weather formally agreed upon amnesty by the agencies downtown. IN FAVOR MR. DAVID VANDERVEEN: I'm executive Director of Hope Ministries at 432. S. Lafayette and we are in favor of this. We have, like Mike mentioned, have been forced to cut our capacity for weather amnesty due to Board of Zoning Appeals -January 15, 2009 some physical damage to one of our buildings. We're down to ten people and we have been basically full every night and we see the need in the community to continue to grow. We have found that Our Lady of the Road is a very capable organization. They know the population that needs they services. They have a very appropriate facility for it and we believe it is the best option for our community in order to serve these people and keep them safe. We really do believe it is a public safety issue. There is a risk of people dying if we don't provide places for them on these cold nights so we're very much in favor of this. MR. HOBAN: You say it was due to damage to your building. Do you plan on repairing that damage? MR. VANDERVEEN: Not that building. That's our building at 532 S. Michigan Street. There's some internal damage in the areas where they slept and for a number of reasons that building is not in a state where we want to repair that part of the building. MR. HOBAN: Is there anyone else that wishes to speak in favor? MR. STEVE CANILERRI: The executive director at the Center for the Homeless, 8.13 S. Michigan Street. And I speak in favor of rezoning and allowing Our Lady of the Road to fill it's space with people that are in great need in our community. I speak at the director of the largest provider to our homeless population in our community. I speak to it because I receive I would image with Michael and David present, receive even more calls than they receive from our city officials. Not just in the winter but in the summer urging me and the center to provide housing for those that are found in downtown and that are quote and unquote "disruptive" to members of our community who visit. And so they call me asking what we can do. And yet we have a challenge out there and we have restrictions when there are those who are giving and caring and compassionate. And so I find it hard to believe that this proposal will be rejected. That would just be for the summer. Now we enter the winter, 32 degrees. The Health Department says 26 degrees and the social service providers we agreed let's make it 32 degrees, that's freezing. And quite honestly it should be much higher as Mike said. 33 degrees, 34 degrees, what's the difference? We have sent all of our elected officials a letter from this Continuum task force asking them, what will we do when it's between 32 degrees and negative 20? That's a 52 degree range in which, when we meet our capacity and Hope Ministries meet their capacity, and the YWCA meets their capacity and Life Treatment Center meets their capacity, that's 65 additional people in our community who are found homeless. What will the 66`x' person do between 31 degrees and negative 19? Eight people died towards the end of 2008 in Chicago because of the extreme weather conditions. I don't think we want that to happen in this great community. I don't think this community will let that happen. We would love to fake more than the additional 25 people that we take. There are certain restrictions and hazards that the Fire Department and Health Department has deemed on us. So we can't go beyond the 25 that-we do. That's about 20 additional men and additional 2 women and 2 to 3 families. And for the past 72 days, 69 of those 72 days we've been on weather amnesty and just about everyone of those 69 evenings we've had that number, 20 to 25 additional people. We've been interviewed so many times by the newspaper and the media asking what are we going to do because it's been so cold and on top of that this economy which has cost so many folks in our community to struggle. In our community, not this mythical bus that brings people into our community, in our own community, people that grew up in South Bend, that live in South Bend. Eighty seven per cent of the population we service is from St. Joseph County. So there's a desperate need for this services. I know this request is for weather amnesty but I hope that I can work with Catholic Worker to have them to look at doing this beyond just the winter months because we'll learn as we do thaw out sometime in March or April that the need is going to extend into the summer because the fact is.the economy won't change. We're 6 Board of Zoning Appeals -January 15, 2009 making cuts in our own local and state departments so I hope that you will see it fit that this is a great organization. They've proven themselves time and time again how the}''ve been present for the neediest. Al] the colleagues that are here today and those who couldn't be here because of other commitments would agree in what a great organization this is. And you'll have some folks that are against us including my neighbor who is right here and he'll make arguments on why they shouldn't be there and I disagree with him. We are neighbors to the Catholic Worker house and we find them to be great neighbors. But my neighbor who is about to speak is already in violation of a code because his building is on my property. And it is on record with the courts that his building and his fence is on our property. So he'll get up here and make statements that there are restrictions on his, but he is in his own violation and we are suing him as such. So I just want you to consider that when you hear the next statements that are made. This is the compassionate thing to do. .It's the right thing to do and it's the thing that should be done because if I continue to receive calls from the City officials asking "what can we do?". I will say, "well you had an opportunity" and I hope you take advantage of it. Thank you. REMONSTRANCE MR. ART BLANKEN: I own the property at 755 S. Michigan Street. I guess I'm the neighbor he was speaking about. I would just like to bring your attention to, I've owned that property since 1981 and I'd like to talk about a couple of the guests that I've had next door to me run by probably one of the nations finest homeless centers. The first name I bring up to you is Akia Blackmond. She was a resident at the Center for the Homeless for two to three weeks. She was high on marijuana when she suffocated her two year old child there. Second guest at the Center for the Homeless, Keith Romine, again was a resident at the Center for the Homeless when he ran down Jan Griffith within a block of the Center of the Homeless. The third one would be Jason Coats who is one of the four individuals found in the manhole covers in South Bend that was murdered unfortunately. What do all three of all these people have in common? Akia Blaclanond was from Michigan City... MR. JANKOWSKI: Excuse me sir. If I may, this hearing this afternoon does not deal with the Center for the Homeless. The hearing deals with Our Lady of the Road and the Special Exception they've applied for. So if you could direct your comments to Our Lady of the Road instead of the Center for the Homeless I think that would be more helpful in the process... MR. BLANKEN: Sir what I'm trying to relate to you as my neighbor to the south of me and now I'in going to have a neighbor behind me, to the west of me, and this is one of the best run organizations. I'm trying to ask you if you would like these kind of neighbors next to your house or your business? MR. JANKOWSKI: Sir I believe again that the neighbors are already in place and exist. They've asked for a Special Exception from this Board in order to... MR. BLANKEN: I'm asking you, am I going to get more guests like this? I don't need anymore of these kind of people to help m}' building or my property. Let me run something else by you while you've interrupted me. According to the census bureau for the State of Indiana, and the website Grass Roots.com, Indianapolis, Indiana has a population of 781,870 people. They have a total homeless bed count of 201 beds for the entire city. Fort Wayne, Indiana has a population of 205,727 residents with 60 beds for their homeless. Gary, Indiana has a population of 102,746 with no homeless beds. South Bend has a population of 107,789 with 300 Board of Zoning Appeals -January 15, 2009 beds between the Center for the Homeless and Hope Rescue Mission. Let me try and explain to you what that means. There's one homeless bed for every 3,890 people in Indianapolis. There's one homeless bed for every 3,428 people in Fort Wayne. There's zeros beds for homeless in Gary. And there's one homeless bed for every 360 citizens in South Bend. From where I stand that's a failure of government. And I ask that you try and keep the neighborhoods of South Bend from be coming, we've got crime everywhere and it's just not a good situation. ~ • MR. HOBAN: I believe we have a comment from Area Plan? MS. NAYDER: Which is what I believe Mr. Hoffman was started with the legal question, reading ahead to the Area Plans comments, correct? MR. HOFFMAN: That's correct. MS. NAYDER: We used the term weather amnesty because that's what was used in the petition. Chuck may have some documentation on what that is. I guess I don't care what you call it, applying for a group residence, a group residence could become much more full fledged than just overnight stays and we just wanted to try and tie it down to the overnight stays verses a full fledged group residence. So if weather amnesty isn't the right term, maybe we can look into changing that. Also I wanted to say it is on the Area Plan Commission for the February meeting for rezoning and after that go on to the City Council so it will have to be subject to the rezoning as well. MR. HOBAN: Chuck. MR. BULOT: We were just recently handed some information concerning the weather related care for homeless people. It appears that this group, the St. Joseph County Homeless Continuum Care is an organization that is trying to help supervise the care of homeless people in the City and they have a plan here that indicates a men's plan and a women's and children's plan. The men's plan includes a weather amnesty that begins at 8:00 p.m. in the Center for the Homeless with 20 beds. Hope Ministry, 10 beds not available till mid November. Life Treatment Center's 5 to 7 beds. Red Cross to be determined and that would be in the event of an officially declared weather emergency. And then they have a women and children's plan which weather amnesty that begins at 8 p.m. at the YWCA, up to four families or eight single women depending on the availability. The Center for the Homeless, two families and ten single women. Life Treatment Center 5 to 7 single women. And then the Red Cross once again to be determined in the event of an officially declared weather emergency. So it appears there's not a formal government agency that directly governs this and this group has organized itself in order to create some. kind of organization that this can be regulated by. MR. HOBAN: This is a self created group that is made up of members of these of probably these various different organizations that are trying to.... MR. BULOT: Yes. It appears to be the Center for the Homeless, Dismiss House of South Bend, Hope Rescue Mission, Life Treatment Center, and Youth Service Bureau and also the YWCA. MR. HOBAN: I would just like to remind the Board we have three options here. Board of Zoning Appeals -January 15, 2009 MR. HOFFMAN: I have another question for my favorite person. I we then being asked to put a definition on this? MR. JANKOWSKI: I think the Board has a right to put a definition on this, yes. The Board is going to make a recommendation, the Board can say the recommendation is based on a declaration of weather amnesty as defined by this document, yes the Board can tie it to that. MR. HOFFMAN: But this isn't even a governmental agency we tying it to. MR. JANKOWSKI: The Board can also say that when the weather reached 32 or below, you do have that option. MR. HOFFMAN: But if we do that, then we're assuming that we know something about, and we don't. MR. JANKOWSKI: That's correct. MR. BULOT: I'd also like to point out that when I initially spoke with Mr. Baxter about getting this petition prepared, he wanted to make sure that it was weather related only. And I believe that I guided him to include that wording in the petition so there would be no doubt that that was the intent. The option would be, if you wanted to would be just to remove the weather related wording and use it as a group residence and then he can verbally indicate that they were going to regulate it based on the weather. So I think the initial problem with the wording was part of being forth right and indicating... MR. HOFFMAN: The actual use, the intent. We if we do something like that, are we not increasing the impact? MR. JANKOWSKI: You certainly would be. MR. HOFFMAN: That's something again we really can't do. MR. JANKOWSKI: Well the petition before you today is seeking a Special Exception only for specifically for use in that particular situation, that's it. MR. HOBAN: And they can change that next week to 50 degrees. MR. JANKOWSKI: That's correct. MR. HOBAN: And it's over 90 degrees and people want to get out of the heat. MR. HOFFMAN: The organization itself sounds to me that it's not quite that liberal. They went from 26 to 32, that's not a major move. I think they would be ...I don't know if it became a permanent feature then there could be outcry because we put limitations on it. But if they change their definition because of weather conditions, that's why I don't think we can put a definition on it because I'm not bright enough to know what that is. You know one person's 32 degrees is cold, is another's balmy day. 9 Area Plan Commission of St. Joseph County John W. Byorni Executive Director 1140 County-City Building South Bend, Indiana 46601 Larry P. Magliozzi, Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areapian Fax 574 235-9813 January 21, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of F.I.R.E d/b/a Families First Center to zone from MF 1 Urban Corridor Multifamily District to OB Office Buffer District, property located at 541 William and 543 William, City of South Bend - APC# 2493-08 Dear Council Members: I hereby Certify that the above referenced ordinance of F.I.R.E d/b/a Families First Center was legally advertised on Thursday, January 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, January 20, 2009 took the following action: Upon a motion by Robert Hawley, being seconded by Dan Brewer and unanimously carried, the proposed ordinance of F.I.R.E d/b/a Families First Center to zone from MF1 Urban Corridor Multifamily District to OB Office Buffer District, property located at 541 William and 543 William, City of South Bend is sent to the Common Council with a favorable recommendation. Given the office immediately to the north, this is an appropriate re-use of the existing building. The shared parking area and additional landscaping will enhance this gateway into the Portage Avenue Corridor. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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, GU J~~~-i-r,~,~ ~/~W. Byorni JWB:cn Attachment CC: F.I.R.E d/b/a Families First Center Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2493-08 ®vvner: F.I.R.E d/b/a Families First Center Location: 541 William and 543 William Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MF1 Urban Corridor Multifamily District to OB Office Suffer District to allow an office (northern duplex unit) and a residential unit (southern duplex unit). Land Uses and Zoning: On site: On site is a 3,400 square foot duplex building. North: To the north is an office. East: To the east is a parking lot zoned SF2 Single Family and Two Family District. South: To the south are single family homes and a funeral home zoned SF2 Single Family and Two Family District. West: To the west are homes zoned SF2 Single Family and Two Family District. District uses and development standards: The OB -Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the OB District aze typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standazds aze established to assure small scale developments. Site plan description: The site plan shows a 3,400 squaze foot duplex. This covers 35.8% The northern half would be used as office space and the southern half would remain a residential rental unit. There will be a shared parking azea between the petition site and the office to the north. The existing drive on Portage will remain. The pazking area covers 3,185 square feet or 33.6%. The remaining 2,905 square feet or 30.6% is open space. Zoning and land use history & trends: In 1981, the property to the north was rezoned to B Residential (Multifamily) for medical offices. Up to March 7, 2004, the subject property was zoned A Residential (Single Family). When the new zoning ordinance and map were adopted in 2004, the property to the north was zoned OB Office Buffer and the subject property was zoned MF1 Multifamily District to reflect the current use at the time. Traffic and transportation considerations: Navazre Street has two lanes. William Street has two lanes. Utilities: The site is served by municipal water and sewer. ~" Additional information: (Agency comments) The Department of Community and Economic Development identified this rezoning as consistent with City Plan; and the Portage Avenue Commercial Comdor Revitalization Action Plan. F.I.R.E d/b/a Families First Center #2493-08 .~. ~ - ~ Pagelofl ~ Criteria (per TC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 Objective ED 2: Retain existing businesses and recruit new ones to the city. Land Use PIan: City Plan, South Bend Comprehensive Plan, November 2006 LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Plan Implementation/Other Plans: Portage Avenue Commercial Corridor Revitalization Action Plan, November 1999 Development Objective: Recruit new businesses to existing space. 2. Current conditions and character: The building is currently setup as a duplex. The property to the north has been used as an off ce since 1981. The funeral home is also a long standing non-residential use. The majority of the surrounding area is single family homes. This is only a few blocks away from the Central Business District. 3. Most desirable use: The most desirable use for this property is to accommodate the adaptive re-use of the buildings to a use that can be compatible with the neighborhood. 4. Conservation of property values: ' Surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to allow the expansion and adaptive re-use of buildings. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: Given the office immediately to the north, this is an appropriate re-use of the existing building. The shared parking area and additional landscaping will enhance this gateway into the Portage Avenue Comdor. F.I.R.E d/b/a Families First Center #2493-08 Page 2 of 2 ~ Zuni ng fey SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "h~lU" MIXED USE DISTRICT ~'~_~~"=#~ SOUTH BEND "OB" OFFICE BUFFER ^ISTRICT SOUTH BEND "SF2" SINGLE FAtv11LY & TWO FAMILY DISTRICT ..Y~y~ee-:. N W E S 1 inch cqual~ 1~~ feet tte~oning firem: . "MFi" I~RBAN Cl~RRID~R Ml1lTIFAMILY DISTRICT to "tI~" OFFICE B~JFFER DISTRICT ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 541 WILLIAM AND 543 WILLIAM, COUNCILMANIC DISTRICT No. 1 IN THE C1TY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, the subject properties are two units, each of approximately 1,700 square feet, in a single two-story (with attic) frame building which former owners have used as a multifamily rental property and which the current owner, F.1.R.E., Inc. d/b/a families First Ceneter, intends to rehabilitate and use, in the northern unit (543 William), for offices to conduct supervised visitation services and , in the southern unit (54l William), for residential rental purposes. WHEREAS, the subject properties are currently zoned MF1 Urban Corridor Multifamily District and have been used for that purpose and the current owner of the properties intends to change their use to uses consistent with the zoning classification OB Office Buffer District. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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: Lot Numbered Six (6) as shown on the recorded Plat of Fred W. Keller's Subdivision of Lots No. 16, 17, 18 and 32 of Burroughs' Subdivision of Bank Out Lots Numbered 115 of the Third Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, EXCEPTING THEREFROM a lot or parcel of~land 40 feet in width, East and West, taken off of and from the entire width of the West end thereof. A part of Lots Five (5) and Six (6) as shown on the recorded Plat of Fred W. Keller's Subdivision of Lots Sixteen (16), Seventeen (17), Eighteen (18), and Thirty-two (32) of Burrough's Subdivision of Bank Out Lot of One Hundred Fifteen (115) of the Third Plat of Out Lots of the Town, now City of South Bend, in St. Joseph County, Indiana, and the vacated alley on the North Side of Lots 16, 17, 18 which part is bounded by a line running- as follows: Beginning at the Southwest corner of said Lot 6; thence East Forty (40) feet; thence North to a point Ten (10) feed South of the North line of Lot 5 in said subdivision; thence Southwesterly parallel with the Northerly line of said Lot 5 to the West line of said Lot 5; thence South along the West boundary of said Lots 5 and 6 to the place of beginning. ,_ be and the same is hereby established as OB Office Buffer District. SECTION II. This ordinance shall be in fu]I force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of 200_, at o'clock _.m. City Clerk Approved and signed by me on the day of , 200_, at o'clock .m. Mayor of the City of South Bend, lndiana s,t'~'.. it: Fu si.~a ~;:J ii_:t...S~i.iiT tt~r=rP.EC~ ~ ~ ~ l !~ 0 t~,A55EQ r~~~'~ ~~ ~Z~~ ~ y EC 2 2 y~o8` t ~/+~ /^,~lOrhN t'' Area Plan Commission of St. Joseph County. 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan January 2I, 2009 The Honorable Council ofthe City of South Bend 4th Floor, County-City Building u.~ South Bend, IN 46601 Fax 574 235-9813 ~,8"S'b~ RE: A proposed ordinance of John & Leona Rappelli and Rosemary Mandrici to zone from SF1 Single Family and Two Family District & MF 1 Urban Corridor Multi Family District to MU Mixed Use District, property located at southeasterly comer of Ivy Court and Twyckenham Drive, City of South Bend - APC# 2494-08 Dear Council Members: I hereby Certify that the above referenced ordinance of John & Leona Rappelli was legally advertised on Thursday, January 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, January 20, 2009 took the following action: Upon a motion by John McNamara, being seconded by Dan Brewer and unanimously carried, the proposed ordinance of John & Leona Rappelli and Rosemary Mandrici to zone from SF1 Single Family and Two Family District & MF1 Urban Corridor Multi Family District to MU Mixed Use District, property located at southeasterly comer of Ivy Court and Twyckenham Drive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to the following written commitments: 1) access easements to Jameson House on parcel 024-1008-0615; 2) relocation of the dumpster so that it does not obstruct the view from the Jameson House building on parce1024-1005-0615; and 3) no controlled uses or liquor stores as defined in the South Bend Zoning Ordinance. A mixed use development containing both residential and commercial compone~s would not be out of character in this neighborhood. The proximity to the University of Notre Dame, high density residential projects in the area, the commercial at Edison and South Bend Avenue and the new Innovation Park building are driving the need for a walkable, commercial-style development. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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, ~i~t~., Gv J~~U- ~~~~~hn W. Byorni JWB: cn _ Attachment CC: John & Leona Rappelli Rosemary Mandrici Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2494-08 ®®vner: John & Leona Rappelli Location: southeasterly comer of Ivy Court and Twyckenham Drive Jurisdiction: City of South Bend Requested Action; The petitioner is requesting a zone change from SF1 Single Family and Two Family District & MFI Urban Corridor Multi Family District to MU Mixed Use District to allow Small Retail Shops and Residential Rentai Units. Land Uses and Zoning: On site: On site is vacant land. The house and storage building seen on the aerial have been removed. North: To the north are single family homes zoned R Single Family District (County). East: To the east is a condominium development zoned MF2 High-Density Multifamily District (City). South: To the south is a storage shed on property zoned R Single Family District (County) and bed and breal~ast zoned CB Community Business District (City). West: To the west across Ivy Court is vacant land zoned R Single Family District (County). To the west across Twyckenham are Notre Dame athletic fields zoned U University District (County). District uses and development standards: The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site plan description: The total area for this rezoning is 0.97 acres. The proposed building is 9,880 square feet, covering 23.4% of the site. A total of 56 parking spaces are provided, for a total paved area of 19,010 square feet or 45% of the site. The remaining 13,363 square feet will be open space. There is one access point on Ivy Court. The buildi~g is oriented to Ivy Court, with parking on the north and east sides. Zoning and land use history & trends: The riorthem two lots were annexed on September 12, 1988. Later that year they were rezoned to B Residential (Multifamily). The southern lot and a portion of vacated Ivy Road were annexed on December 31, 2008. Traffic and transportation considerations: Ivy Court is a two lane cul-de-sac. Twyckenham Drive has four lanes with a center median. Utilities: The site will be served by municipal water and sewer. John & Leona Rappelli #2494-08 Page 1 of 1 Additional intormation: (Agency comments) The City Engineering Department may have a water and/or sewer line in the old Ivy Road right- of-way. The City Engineering Department will determine the location of any easement needed. The developer will be required to work with City Engineering to adjust the building configuration if existing infrastructure improvements exist in the vacated right-of--way of Ivy Road. The Department of Community and Economic Development suggests the sidewalk be moved closer to the building and the trees moved outside the sidewalk. If trees are to be planted in the right-of--way, the City Forester must be contacted. The developer will.be required to work with the City Parks Department for creating an acceptable tree planting area along Ivy Court frontage, as shown. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 H 1.3 Encourage the development of mixed-use buildings. LU 2.1 Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Land Use Plan: The future land use map identifies this area as low and high density residential. 2. Current conditions and character: The site is vacant. The area to the. east of Notre Dame is experiencing tremendous growth. Several high density residential projects have been built in the past few years. The realignment of Twyckenham Road created Ivy Court, which accesses the bed and breakfast and condominiums. The eastern edge of the athletic complex for the University of Notre Dame is directly across Twyckenham Drive. High density residential complexes also exist due east of the site. 3. Most desirable use: The most desirable use for this site incorporates the trend of high density residential and the increased need for services due to the increase of residents in the area. 4. Conservation of property values: The surrounding .property values of the existing residential properties to the north may be affected. 5. Responsible development and growth: It is responsible development and growth to allow a mixed use development compatible with surrounding high density residential and commercial uses: Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: A mixed use development containing both residential and commercial components would not be out of character in this neighborhood. The proximity to the University of Notre Dame, high density residential projects in the area, the commercial at Edison and South Bend Avenue and the new Innovation Park building are driving the need for a walkable, commercial-style development. John & Leona Rappelli #2494-08 Page 2 of 2 ''_ t A ~ ,.fir ~ 3 f R R f Y,t~~ a`~C ~~.~ R r. Rezoning from: "SF1" SIRIGLE FAMILY ~ TWO FAMILY "MF1" URSAtV CORRIDOR MULTIFAMILY DISTRICTS t® "MU" MIXED USE DISTRICT N Z_ o_n__ ing Key COUNTY "R" SINGLE FAMILY ® COUNTY "U" UNIVERSITY SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY SOUTH SEND "MF2" HIGH-DENSITY MULTIFAMILY ~'_~;; ~; SOUTH BEND "LB" LOCAL BUSINESS SOUTH BEND "CB" CENTRAL BUSINESS W E S 1 inch equals 100 feed APC # 2~9~~0~ l= ... - 1 54812 Twy ahem Drive South Bend, Indiana 46637 Mr. John W. Byorni Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, IN 46601 Dear Mr. Byorni: January 10, 2009 JAS 9 5 ~0~9 This letter is written regarding APC #2494-08, which is a proposed ordinance regarding property owned by John Rappelli, Leona Rappelli, and Rosemary Mandrici to zone from SF1 Single Family and Two family District & MF1 Urban Corridor Multi-family District to MU Mixed Use District, property located at the southeasterly corner of Ivy Court and Twyckenham Drive to allow Small Retail Shops and Residential Rental Units. As a nearby residential property owner, I am remonstrating against this proposal for the reasons identified below. Please note that I have resided at my home on Twyckenham Drive (previously known as 54812 Ivy Road) for more than 59 years. Consequently, Ihave along-term significant interest in continuing to insure that my neighborhood retains its current residential zoning character. First, I am totally opposed to the proposal to allow retail shops on this street. Retail shops will only further add to the congested traffic level on this street and deteriorate the current residential characteristics of the neighborhood. Additionally, the nature of any retail shops that may occupy this property, should it be rezoned to retail, is not yet known. However, I am particularly concerned that any liquor stores, bars, or restaurants (especially those serving liquor) bye allowed should this proposal be unfortunately approved. Such liquor stores, bars, etc. would be~light on the neighborhood causing additional rowdiness, noise, trash, and the potential for more serous traffic accidents to occur. The availability of suitable pazking spaces on-site for this particulaz use is also not known. The use of off-street parking for any retail usage is certainly not appropriate given the nature of the current traffic volume on Twyckenham Drive. Allowing any strip mall on the street will totally destroy the remaining residential nature of the azea and substantially decrease the ability forme to enjoy my own property's usage. _ Secondly, I am also opposed to this proposal to appazently allow multi-family residential rental units to occupy ties property. And I am particularly concerned about the esthetics of any buildings, which maybe constructed should this petition be approved. Should the petition be approved, ample parking and landscaping should be provided to insure the neighborhood retains its residential characteristics orlook. The intensity as to the number of units allowed to built on this property is also a concern and should not result in a curb-to-curb, highly intense use, un- landscaped, monstrosity occupying space in my neighborhood. Sincerely, ~ '~} ~~ I' .;~,~^ ~ ~. , ~~?-~~ Mrs. Charles W. Rhodes ~~ 7. \,!~ s ) ~~~ f~ V~~t/ i aa ~~gg q ~g ~9Q1~ 1 ~ ~~41~ €; .__ _ :n_~- -_~.. J , ;, ~ v /~ 7 /~~ 7 ' //^ --y~/~3~f/// /t-;IJ .~i/''~ ~ .~E~ (~%f~r~ / /i ./~/~'.L~~ C~cr ;.. ~I"=~ ~ ~~ ~~~ ~~ ,~~~~C~(,~-Fib ~ ;~'~ Z . r . ~~~ REVISED 12/17/08 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, AND IS PRESENTLY ZONED "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT AND "MF1° URBAN CORRIDOR MULTI-FAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "MU" MIXED USE DISTRICT TO ALLOW FOR THE DEVELOPMENT OF SMALL RETAIL SHOPS ON THE MAIN BUILDING LEVEL AND RESIDENTIAL RENTAL UNITS ON THE SECOND BUILDING LEVEL. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS 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: A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY INDIANA. MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 9 OF THE RECORDED PLAT OF THE TOWN OF SCHROEDERSVILLE, RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF SAID PLAT S. 00°52'09" E., 204.00 FEET, MORE OR LESS, TO A POINT AT THE SOUTHEAST CORNER OF LOT NUMBER 7 OF SAID PLAT; THENCE ALONG THE SOUTH LINE OF SAID LOT NUMBER 7, S. 89°03'20" W., 167.15 FEET, MORE OR LESS, TO A POINT ON THE EAST RIGHT OF WAY LINE OF IVY ROAD; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE FOR THE NEXT TWO (2) COURSES, N. 19°53'18" W., 97.66 FEET MORE OR LESS, AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 297.00 FEET, MORE OR LESS, AND HAVING AN ARC DISTANCE OF 132.80 FEET, MORE OR LESS, TO THE END OF A CHORD BEARING N. 32°41'54" W., AND HAVING A DISTANCE OF 131.70 FEET, MORE OR LESS TO A POINT ON THE NORTH LINE OF LOT NUMBER 28 OF SAID PLAT; THENCE N. 89°07'51" E., 268.43 FEET, TO THE POINT OF BEGINNING. CONTAINING 0.97 ACRES MORE OR LESS SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "MU" MIXED USE DISTRICT. 2 SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL, PUBLICATION. 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 , 2 , AT O'CLOCK M. CITY CLERK APPROVED .AND SIGNED BY ME ON THE 2 AT O'CLOCK .M. DAY OF t st R[ADfi~tCz' LL-~-~ FUci_ic.' FEr1~:lrS(~ 3 rn ~E.~:C;~G I~':O`t AFFi~OVErD `,~ ~'.rc)~ ftEEEP.RED. ~'~' PA SED MAYOR, CITY OF SOUTH BEND, INDIANA Fi~~d 4~ ~t~r~'~ ~f~i~~ p E~ 1 9 Baas S(7i;t•7 ~IOOf [~~ C3TY CEctiit, `.'0. sEir`D, [Et. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 December 18, 2008 Honorable Common Council Of The City of South Bend 4~' Floor, County-City Building South Bend, Indiana 46601 RE: Bi11 # 85-08 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced petition: Ordinance: 1) The legal description begins at the Northeast corner of Lot 9 (line 3). The first word in the eighth line is southeast. If you have any further questions, please call me at 574-235-9571. Si• erely, ~ ? ltt` Christa Nayder Zoning Planner f~~~7 DEC 1 8 =.-' ~~.:1t~ va;:c t Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Aroa Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 January 21, 2009 ~ _ t~ (~ The Honorable Council of the City of ~~ ~~~ ~ ~ _ 0 ``~ ~~ ~} South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Juan Carlos Mendiola to zone from LB Local Business District to SF2 Single Family and Two Family District, property located at 3013 W. Sample Street, City of South Bend - APC# 2495-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Juan Carlos Mendiola was legally advertised on Thursday, January 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, January 20, 2009 took the following action: Upon a motion by Sohn McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Juan Carlos Mendiola to zone from LB Local Business District to SF2 Single Family and Two Family District, property located at 3013 W. Sample Street, City of South Bend is sent to the Common Council with a favorable recommendation. The existing house was intended for single family purposes and is not suited for a more intense use. It is appropriate to allow the continued use of this house as a residence until a higher and better use identifies this site for expansion. 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, . w ~~~` ~-~ohn w. Byorni JWB:cn Attachment CC: Juan Carlos Mendiola Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2495-08 ®vvner: Juan Carlos Mendiola Location: 3013 W. Sample Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to SF2 Single Family and Two Family District to allow a Single Family Dwelling. Land Uses and Zoning: On site: On site is a single family home with a detached garage. North: To the north is a home zoned SF2 Single Family and Two Family District. East: To the east is a business zoned LB Local Business District. South: To the south across Sample is a business zoned GI General Industrial District. West: To the west is a vacant lot zoned LB Local Business District. District uses and development standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the. City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site plan description: A site plan is not required, however, the information provided indicates it is a 6,016 square foot lot with a 1,012 square foot house and 336 square foot garage. Zoning and land use history & trends: This property was zoned D Light Industrial prior to the zoning ordinance and map change in May of 2004. Adjacent properties along Sample Street were rezoned to generally reflect the existing uses. Traffic and transportation considerations: Sample Street has four Lanes. Utilities: The site is served by municipal water and sewer. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 H 2.6 Encourage homeowners to maintain their homes. Land Use Plan: City Plan, South Bend Comprehensive Plan, November 2006 LU 2.2 Pursue a mix of land uses along major corridor and other locations identified on the Future Land Use Map. Juan Carlos Mendiola #2495-08 Page 1 of 1 2. Current conditions and character: Sample Street is a diverse corridor. Currently this block contains a single family home and detached garage with a vacant lot to the west and a small business to the east. The block to the west contains small businesses; the block to the east has single family homes, a vacant lot and a small business. Just to the north of this strip is a single family neighborhood. The south side of Sample Street has large industrial businesses. 3. Most desirable use: The most desirable use at this time is to allow the continued use of the house as a residence. 4. Conservation of property values: Surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to allow a single family home to continua to be used as such. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The existing house was intended for single family purposes and is not suited for a more intense use. It is appropriate to allow the continued use of this house as a residence until a higher and better use identifies this site for expansion. Juan Carlos Mendiola #2495-08 Page 2 of 2 Zoning Key SOUTH BEND "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT ti,',<--:~.,,,~ SOUTH BEND "LB" LOCAL BUSINESS DISTRICT ~.~~~'s-'~ SOUTH BEND "GB" GENERAL BUSINESS DISTRICT SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT N W E S 1 inch equals 100 feet APC # 2495~0~ Rezoning from: "LB" LOCAL BldSINESS DISTRICT to "SF2" SINGLE FAMYLY AND TWO FAMILY DISTRICT ORDINANCE lvi0. A1mT ORDINANCE AMEIeTDING THE ZONIleTG ORDINANCE FOR PROPERTY LOCATED AT 3013 SAMPLE STREET, SOUTH SEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned LB Local Business District. The zoning is currently zoned commercial. The request is for is to be changed to SF2 Single Family and Two family District for use as residential. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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: Lot 1439 &'/2 vacated alley Summit Place 5~' Addition be and the same is hereby established as "SF2" Single Family & Two Family 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. Member of the Common Council Attest;- .- City Clerk R-. Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of o'clock . m. Mayor, City of South Bend, Indiana 1 st RE~~i!P~G PU5LIC FEE/•!F-.{I.iG PLOT APrROVECI REFERRED ~ •'~ ~ ~2"-`~~0 P.~,SSED 2 , at ~Et~~ ~~ ._._ ,1~:=,t~ ~sC~Gn~E