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HomeMy WebLinkAbout07-13-09 Common Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, JULY 13, 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 7:00 P.M. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 46-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $955,315.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT 47-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, SECTION 17-4 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING INFLOW TO THE CITY'S SANITARY SEWER SYSTEM 8,. BILLS, THIRD READING BILL N0. TIME: 46-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $955,315.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT 47-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, SECTION 17-4 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING INFLOW TO THE CITY'S SANITARY SEWER SYSTEM 9. RESOLUTIONS BILL NO. 09-48 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 PORTAGE PRAIRIE DEVELOPMENT, LOT 2 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE- YEAR REAL PROPERTY TAX ABATEMENT FOR WAGGONER FARM DEVELOPMENT, L.P. (ONTARIO PARTNERS, L.P.) 09-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY .OF SOUTH BEND, INDIANA PROPOSING AND VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING A PROPERTY TAX RELIEF LOCAL OPTION INCOME TAX 09-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PROPOSING AND VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING A PUBLIC SAFETY LOCAL OPTION INCOME TAX 09-51 A RESOLUTION OF THE CITY OF SOUTH BEND, VOTING IN FAVOR OF ~ JOSEPH COUNTY INCOME THE COUNTY ECONOMIC (CEDIT) 10. BILLS, FIRST READING BILL NO. COMMON COUNCIL OF THE INDIANA PROPOSING AND ~N ORDINANCE OF THE ST. TAX COUNCIL. INCREASING DEVELOPMENT INCOME TAX 48-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED .REGULATIONS ON THE USE OF HAND-HELD MOBILE TELEPHONES, MOBILE COMMUNICATION DEVICES AND TELECOMMUNICATIONS DEVICES IN SCHOOL ZONES; AMENDING SECTION 2- 213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS AND SECTION 20-98 ENTITLED OBEDIENCE TO SCHOOL CROSSING GUARD REQUIRED OF THE SOUTH BEND MUNICIPAL CODE 49-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2729 SOUTH MAIN STREET, COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA 50-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT EDDY STREET AND ANGELA BOULEVARD/EDISON ROAD, COUNCILMANIC DISTRICT FOUR (4) IN THE CITY OF SOUTH BEND, INDIANA 51-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $38,000 FROM GENERAL FUND (#101) FOR EXPENSES OF SOUTH BEND'S "ALL AMERICAN CITY" BID 52-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS SUMMERTIME LANE FROM JACKSON ROAD TO HIDDEN CREEK DRIVE FOR A DISTANCE 272.59 FEET AND A WIDTH OF 50 FEET 11. UNFINISHED BUSINESS A. REPORTS FROM BOARD OF ZONING APPEALS 1. BILL N0. 09-52 - SPECIAL EXCEPTION - 527 ~ RIVERSIDE DRIVE 2. BILL N0. 09-53 - SPECIAL EXCEPTION - 220 S. TAYLOR STREET 3. BILL N0. 09-54 - SPECIAL EXCEPTION - 3423 SOUTH MICHIGAN STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: 1200 COUNTY-CITY BUILDIlVG 227 W JEFFERSON BOULEVARD SOUTH BEND,INDL4NA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR 3une 16, 2009 ~ ~ ~~ ~ ~1- ~ ~ -- South Bend Common Council Fourth Floor Council Chambers 227 W. Jefferson Bouleval•d South Bend, 1N 46601 Dear Council Members: The attached bill for your consideration and approval will appropriate $955,315 from the Industrial Development Fund, Fund 434, for repayment of the Section 108 Loan for the Studebaker/Oliver Project. As required by Indiana Code 36-7-13-5, the Counci] may not conduct any business requiring expenditures from Fund 434 without the approval, in writing, of a majority of tl,?. n:el::bers of +.he S:,~I:ih Bend Adviso^,~ Commission on Industrial Development. On November 8, 2005 the Advisory Commission on Industrial Development adopted Resolution #3-2005 pledging all CRED revenues for the payment of the Section 108 Loan for the Studebaker/Oliver Project. Ann Kolata or I will attend the Council meeting when the ordinance is considered. Contact me at 235-9330 or Ann at 235-9374 if you have any questions. Sincerely, ,~,t' •~r lizabeth Leonard Director, Financial & Program Management _~ ~® ~~~y1T Y4k~t~ YGu!'~~C FQ E7E~~, ~t'~ s CItY CLE~~:, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SL PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574!235-9660 574/235-9371 ELIZABETH LEONARD ~~~ Fax: 574/235-9697 574!235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $955,315.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT STATEMENT OF PURPOSE AND INTENT -This bill will appropriate $955,315 from the Industrial Development Fund, Fund 434, for repayment of the Section 108 Loan for the Studebaker/Oliver Project. Pursuant to Ind. Code Section 36-7-13-5(c ), the Advisory Commission on Industrial Development met on November 8, 2005 and approved Resolution No. 3-2005 pledging all available CRED Revenues for the repayment of the Section 108 Loan for the StudebakeriOliver Project. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. The sum of $955,315.00, plus interest earned thereon, from the tax increment revenues within the Community Revitalization Enhancement District (CRED) is hereby appropriated and set aside within CRED Fund 434 for repayment of the Section 108 Loan for the Studebaker101ivex Project, as previously approved by the Advisory Commission on Industrial Development as evidenced in its Resolution No. 3-2005. Section II. 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 Counch Attest: ap~lf~~~f~~ SOT ~C`s~~v ~~u~ll~ &~td ~~1 a~l~tl ~ ~i~ ~€!~s City Clerk 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 day of o'clock . m. Mayor, City of South Bend, Indiana ~~L~-~~ 1 st P•EAD1PlG PU3LlC HEARING 3 rd READlP~G ~~;QT APPROVf~ Ef ERP.E[) n A C f Fil City Clerk 2 , at ~it~~ [€~ ~I~C~C'~ ~~~~~~~ ~Ut~ i 1 ~QO9 d.J tib '~'CG; ~;~ c CITY Ci,EnK, s'~. ~iEl~C,11'~E• RESOLUTION 110. 3 -2005 RESOLUTION OF,THE SOUTH BEND ADVISORY COMMISSION ON INDUSTRIAI; DEVELOPMENT PLEDGING INCOME TAX AND GROSS RETAIL INCREMENTAL AMOUNTS RECEIVED FROM THE STATE OF INDIANA WHEREAS, the South Bend Advisory Commission on Industrial Development (the "Commission") exists and operates under Indiana Code 36-7-13, as amended from time to time (the "Act"); and WHEREAS, on June 13, 2002, the Commission adopted Resolution No. 1-2002 (the "Designating Resolution") designating a community revitalization enhancement district within the meaning of the Act, known as the Studebaker/Oliver CRED area (the "District"), approving a plan for the District, and authorizing the establishment of an industrial development fund within the meaning of the Act; and WHEREAS, on September 9, 2002, the Indiana State Budget Agency (the "Agency") notified the City of South Bend, Indiana (the "City") that the Agency approved the designation of the District; and WHEK!=~AS pLTSL;ant to the i1et~ the :.l1&tP.Ct may Capt'~re Incremental gro:vth :n State income and gross retail taxes ("CRED Revenues") for a period of up to fifteen years from its first allocation of CRED Revenues; and WHEREAS, the City has submitted an application to the Department of Housing and Urban Development ("HUD"} for a Section 108 Loan Guarantee (the "Section 108 Loan") in the amount of Eleven Million Nine Hundred Eighty Thousand Dollars ($11,980,000), the proceeds of which are to be used for the acquisition, demolition, remediation and redevelopment of property blighted structures and property located in the area commonly known as the Studebaker/Oliver Project Area in the District (the "Project"); and WHEREAS, HUD has approved the City's application for the Section 108 Loan for the Project; and WHEREAS, the City will issue its notes to evidence the Section 108 Loan pursuant to a Financing Agreement with HUD by which City has agreed to pledge various revenues of the City, including available CRED Revenues of the District, for the payment of the Section 108 Loan; and ~ . WHEREAS, in order to provide for the Section 108 Loan for the Project, the Commission desires to pledge CRED Revenues to the payment of the Loan; and . WHEREAS, the Common Council of the City (the "Common Council") is expected to adopt an ordinance (the "Ordinance") to authorize the issuance of a note of the City to evidence the Section 108 Loan payable from CRED revenues and other revenues available to the City; .. r.nnn~ ~~~ocn-r..~ NOW THEREFORE, BE IT RESOLVED by the South Bend Advisory Commission on Industrial Development as follows: Section 1. The Commission hereby confirms, ratifies and approves the Financing Agreement between the City and HUD providing for the pledge of various revenues, including available CRED Revenues for the payment of the Section 108 Loan. Section 2. The Commission hereby pledges available CRED Revenues received by the City from the Agency for the District for the payment of the Section 108 Loan for the Project. The pledge of CRED Revenues shall continue during the period the Section 108 Loan is outstanding or until the District expires in accordance with Act in the event the Section 108 Loan remains outstanding upon such expiration; provided, however, such pledge may be released in the event the City identifies other revenues to pay the amounts required under the Section 108 Loan. Section 3. The foregoing pledge shall continue irrevocably during. the period the Section 108 Loan remains outstanding, subject to the provisions of the preceding paragraph. Section 4.. Upon the Common Council's adoption of the Ordinance, this Resolution and the Ordinance shall constitute a written agreement between the Commission and the City to provide for the Project and the financing thereof, pursuant to Indiana Code § 36-7-13-21. Section 5. This Resolution shall be effecti~le upon its adoption by the Com~,«~issio~~. ADOPTED AND APPROVED at a meeting of the South Bend Advisory Commission on Industrial Development held on the 8th day of November, 2005. SOUTH BEND ADVISORY COMMISSION ON INDUSTRIAL DEVELOPMENT ATTEST: Secretary J~ Its: ~;' ;~';;~ f~f,,. BDDB01 4218507v1 - 2 - CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS (~~1~ GHQ- `ll-ag June 16, 2009, Mr. Derek Dieter, President South Bend Common Council In Re: Revision to Chapter 17, Article 1, Section 17-4 Dear President Dieter: The attached ordinance is offered for Council consideration. The revision is related to requirements in the City of South Bend's National Pollutant Discharge Elimination System permit. It deals with clear water inputs into the City of South Bend's sewer system. I will make the formal presentations and am available anytime if you have questions. Sincerely, J hn J. ' lon ~ 0 ~~ 1 7 2009 ~t<ii,11 t~~~~~: Deparhnent of Public Works Engineering Water Works Central Services Streets Environmental Services Gary A. Gilot, Director Carl P. Littrell, P.E. David Tungate Matt Chlebowski Sam Hensley John J. Dillon, Ph.D. 574/235-9251 Fax 574/ 235-9171 574/235-9251 Fax 574/ 235 9171 574/235-9322 5 4 574/235-9316 574/235-9244 574/277-8515 ~ - Fax 7 / 235-5595 Fax 574/ 235-9007 Fax 574/ 235-9272 Fax 574/ 277-8980 ~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, SECTION 17-4 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING INFLOW TO THE CITY'S SANITARY SEWER 5YSTEM STATEMENT OF PURPOSE AND INTENT The City of South Bend's National Pollution Discharge Elimination System (NPDES) permit requires South Bend to restrict flow of clear liquids into its sanitary sewer system. To clarify and emphasize the restriction of flow into the City sanitary sewer system, it is necessary to amend Chapter 17, Article 1, Section 17-4 of the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that Chapter 17, Article 1, Section 17-4 shall be amended to read in its. entirety as follows: SECTION I. Chapter 17, Articlel, Section 17-4 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. i7-4. Dc~zvirspoufs and drains i0 I3C ConneCi~d 'v~'iiil S~Giiii S2W2I'S~ 2xC2yiiGi. (a) After the effective date of this article, no newly constructed gutter, dovrnspout, roof drain, foundation drain or off-street-parking-area drain, or other source of inflow shall be connected with or permitted to drain into the sanitary sewer system of the City. After such date, whenever it becomes necessary to rebuild, repair or replace any such drain existing prior to the enactment of this section, the same shall be rebuilt, repaired or replaced in such a manner that it will no longer be connected with or flow into the sanitary sewer system of the City. (b) Whenever it is reasonably feasible to do so, all such gutters, downspouts, roof drains, foundation drains and off-street-parking-area drains shall be connected to or designed to flow into the storm sewer system of the City, and within the boundary limits of the downtown urban renewal area shall be so connected, whether newly constructed or previously existing, as soon as the storm sewer system in the area is completed. (c) The provisions of this section shall not apply where a different method of disposing of rainwater is ordered by the City Engineer or the Building Commissioner. (d) Construction of new combined sewers outside of the existing combined sewer area is prohibited. New construction tributary to the combined sewer shall be designed to minimize or delay the admission of unpolluted water into the existing combined sewer. SECTION II. 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 C uncil Attest: Y,,• ~ ~~ 9 ~ °t •^ p;c°'..; ` - ' ~~.l.~tEE; i-~ Ef~ :L l:ttN ~1:~ ~3 i.t3ii~ nn ,,gg ~ AsQ-•t~°a I•lt+: icy t~ir ~}~it'.:Yea,~i ~'fu~i ~'i~ud :9 ..io :~:J .. City Clerk ~~~~} ~~~~ ~fl ~ ~ - 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 1st Ri'ADING ~"~``~~ PUBLIC HEARlI~G 3 r:~ RE?.DING NOl' APPROVE~p R~FEP.RER PASSECa ;, ~ ~ t~gild~ ~¢t~~ X1"1 l~1t34 ~~' JUN 1 7 2009 t.P?.i~ i•.IV,a+~ SpU7H BF, . , j - V \~~ iC Community & Economic ®evelopment ~~~,~~~.~~i2 ~~,_~, 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 ~ Phone 574/235-9371 'Fax 574/235-9021 To: South Bend Common Council Front: Kathy Hahn Subject: Tax Abatement -Ontario Building Waggoner Fann Development Corporation (Bill # 09-48) Date: July 8, 2009 The subject~tax abatement is scheduled to,be considered for a Designating Resolution at the July 13, 2009, meeting of the Coimnon Council. The Petitioner has requested additional time due to required travel outside the-City of South Bend. Therefore, the Petitioner is requesting that consideration of its Designating Resolution be postponed until the July 27, 2009, meeting of the Common Council. ~I~ ~ ~~~1'~rt'~ ~~iE~G ,~U~ - 8 2009 J4;ii•! V00nrJ~ PostponementMemo.7.8.09.doc ~~~$ ~~ ~ ~®~~Y ~~~~ ~ ®~u~' 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 PORTAGE PRAIRIE DEVELOPMENT, LOT 2 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN NINE-YEAR REAL PROPERTY TAX ABATEMENT-FOR WAGGONER FARM DEVELOPMENT, L.P. (ONTARIO PARTNERS, L.P.) WHEREAS, a petition for real property tax abatement has been 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 Portage Prairie Development, Lot 2, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE NORTHWEST QUARTER OF SECTI^vN 17 APdD THE PdCRTr,'.EAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 17, SAID CORNER BEING MARKED BY A HARRISON TYPE MONUMENT; THENCE SOUTH 00 DEGREES ]2 MINUTES 46 SECONDS EAST, A DISTANCE OF 910.31 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCED OF 385.46 FEET TO THE WEST RIGHT-OF-WAY LINE OF DYLAN DRIVE AS RECORDED UNDER INSTRUMENT NUMBER 0647966 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 919.19 FEET TO THE NORTH LINE OF PORTAGE PRAIRIE MINOR #2 AS RECORDED UNDER INSTRUMENT 0814357 NUMBER; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 386.22 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE OF PORTAGE PRAIRIE MINOR #2, A DISTANCE OF 166.28 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS EAST AND PARALLEL TO SAID WEST RIGHT-OF-WAY LINE OF DYLAN DRIVE, A DISTANCE OF 919.19 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 167.04 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 11.659 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RIGHT-OF-WAY, COVENANTS AND RESTRICTIONS OF RECORD. and which has no Key Number at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., 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 an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sew., and South Bend Municipal Code Sections 2-76, et sec ., 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 an Economic Revitalization 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 completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sue., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That ~e descripticn cf the prcposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period nine (9) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the +: ~+L.:., ri..,,t.,,.,,+,,,.., D „1 „ f ,. A'oal Pr~~erty Tav, Abatwrr;ent to ha niilrlicheGl adopuoii vi ~iu~ t~~.~.iaiawiy l~esv iltloii ,3. mow.. . . 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 VIII. 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 ;~+ • ~.: vl~jli'~i~ LY li:E s ;ts i o ~i1~y ~; ,~ a ~~. -:::. ~`i~?;'Ff~i E6¢i~{€~ ~4~~ i+~'~iEv i{4:~5:[~t~ C3~U C~~~,,,._ .:,~~ion an ~~~ 6~vS4~~, PFtESENTE{] NOT APPPO~~ ~@t~~ to f~~~~`~~'~ ~~~~~~ J U ~~ 1 7 2009 ~CSFdtd VCICRCE C{`f`f CL~iriC, ~`~. Eic~?D, tad. ADOPTED RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH ]BEND, INDIANA, PROPOSING AND VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING A PROPERTY TAX RELIEF LOCAL OPTION INCOME TAX WHEREAS, the Common Council of the City of South Bend, Indiana recognizes that property tax relief is in the public interest of the City of South Bend, Indiana; and WHEREAS, the Indiana General Assembly recently authorized local governments to impose a property tax relief local option income tax for the purpose of providing local property tax replacement credits at a uniform rate to all taxpayers in the City of South Bend, St. Joseph County, Indiana (I.C. § 6-3.5-6-32(f)(1)); and WHEREAS, it is in the best interest of the City of South Bend to adopt a property tax relief local option income tax for the purpose of providing local property tax relief credits at a uniform rate to all taxpayers in the City of South Bend, St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Corn_mon Council of the City of South Bend, Indiana, nronoses and casts its 40.59 votes in favor of the following Ordinance of the St. Joseph County Income Tax Council: AN ORDINANCE OF THE INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA IMPOSING A PROPERTY TAX RELIEF LOCAL OPTION INCOME TAX IN ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT The St. Joseph County Income Tax Council (Council) acknowledges that property tax relief is in the public interest of St. Joseph County, Indiana citizens. The Indiana legislature in 2007 provided a mechanism under Ind. Code § 6-3.5-6-32 (amended in 2008) to grant property tax relief by imposing an income tax, the revenue from which is available for local property tax replacement credits at a uniform rate to all taxpayers in the County. The Council also acknowledges that some taxpayers in St. Joseph County, Indiana who do not pay the tax rate imposed by this ordinance will receive a property tax replacement credit that is funded with tax revenue from the tax rate under this Section. Nonetheless, the effect of this ordinance is beneficial to all St. Joseph County citizens who will have overall reduced property taxes. The St. Joseph County Tax Council determines the best estimate of the property tax credits to be provided to all property taxpayers as a result of this ordinance is as follows: Homesteads: $11,517,000.00 Other residential property: $3,465,000.00 Industrial property: $1,803,000.00 Agricultural property: $320,000.00 Commercial property: $6,102,000.00 NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY, INDIANA INCOME TAX COUNCIL, as follows: SECTION I. The St. Joseph County Indiana Income Tax Council hereby imposes a property tax relief local option income tax (LOIT) at the rate of One Half Percent (0.5%) pursuant to ~ Ind. Code § 6-3.5-6-32 for the purpose of providing local property tax replacement credits at a uniform rate to all taxpayers in St. Joseph County, Indiana, as provided by I.C. 6-3.5-6-32(f)(1). SECTION II. The St. Joseph County Indiana Income Tax Council also acknowledges that some taxpayers in St. Joseph County who do not pay the tax rate imposed by this ordinance will receive a property tax replacement credit that is funded with tax revenue from the tax rate under this Section. SECTION III. If any portion of this Ordinance is declared to be unconstitutional or invalid for any reason, such determination shall not affect the remaining portions of this Ordinance. SECTION IV. This Ordinance shall be in full force and effect from and after October 1, 2009 upon its passage by the St. Joseph County, Indiana, Income Tax Council. ~~~~T* SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Common Cc~iuncil Si~nir~g o~ f~i~ bs~~ i.~ c~'~ .~ ~re~~~~~ an ~r.!~u~EiL~~7~ i')+~ h'~F4i~i'~ iCi"&i3C:1+~- ~~ 4ddlfiFCvL~ ~~~r~s~ ~~ t~'3ia 1~5tl~, ~~E5EIyTEi~ ~ - t ~ - ~ `i :~~~~~ J~~~ 3 d ~! ~Oiz~! ~It~i:F~3F '~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTII BEND, INDIANA, PROPOSING AND VOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL IMPOSING A PUBLIC SAFETY LOCAL OPTION INCOME TAX WHEREAS, the Common Council of the City of South Bend, Indiana recognizes public safety as a priority for citizens of South Bend, and acknowledges the need to maintain effective public safety despite expected loss of property tax revenue; and WHEREAS, the Indiana General Assembly recently authorized local governments to impose a public safety local option income tax (Public Safety LOIT) provided certain conditions are met, which authority is codified at Ind. Code § 6-3.5-6-31; and WHEREAS, there is a financial need to provide a Public Safety LOIT pursuant to I.C. 6- 3.5-6-31. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, proposes and casts its 40.59 votes in favor of the following Ordinance of the St. Joseph County Income Tax Council: ORDINANCE NO. AN ORDINANCE OF THE INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA IMPOSING A PUBLIC SAFETY LOCAL OPTION INCOME TAX IN ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT The St. Joseph County Income Tax Council recognizes that maintaining public safety is a local government priority. The severe loss in property ,tax revenues resulting from HEA 1001 threatens to compromise and challenge local government's ability to provide high quality public safety to citizens of St. Joseph County, Indiana. By enacting Indiana Code 6-3.5-6-31, the Indiana legislature has provided a means for local government to help maintain quality public safety through imposition of a public safety local option income tax (Public Safety LOIT). Pursuant to Indiana Code 6-3.5-6-31, the members of the St. Joseph County Income Tax Council hereby adopt and impose such a tax in St. Joseph County effective October 1, 2009. Imposition of the Public Safety LOIT in St. Joseph County meets all requirements of I.C. 6-3.5-6-31(b) and (c), in that St. Joseph County recently imposed a property tax relief Local Option Income Tax (LOIT) of at Least One Quarter Percent (0.25%), and the public safety tax to be imposed does not exceed 0.25%. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY, INDIANA INCOME TAX COUNCIL, as follows: SECTION I. The St. Joseph County, Indiana Income Tax Council imposes the public safety local option income tax (Public Safety LOIT) on the taxpayers of St. Joseph County, Indiana at a rate of 0.25% effective October 1, 2009. SECTION II. This ordinance meets all requirements of Ind. Code § 6-3.5-6-3 ~ (b). SECTION III. If any portion of this Ordinance is declared to be unconstitutional or invalid for any reason, such determination shall not affect the remaining portions of this Ordinance. SECTION IV. This Ordinance shall be in full force and effect from and after October 1, 2009 upon its passage by the St. Joseph County, Indiana, Income Tax Council. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Comm~ri Council ~!~(!!(;~ €1~ ~~'t 5 iii !J G^a ¢~a ~ ~t~~e~ ~n L'~'i~:tiG~ ~~~~~1 ~~ Y~ia E~81~o PRESEhfTECP .. ~" E 3 -~ AdC~Y ~'~p J U ~~ 3 d 2~3Q9 ,sp;N 1i~,Gi~~9E C!`i''f CI~~~K, ct?. ~El~_~ ~ tam ~kDOPTE~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH DEl`?D, INDIANA, PROPOSING AND `DOTING IN FAVOR OF AN ORDINANCE OF THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE COUNTY ECONOMIC DEVELOPMENT INCOME TAX (CEDIT) WHEREAS, the St. Joseph County Income Tax Council imposed the County Economic Development Income Tax (CEDIT) on the taxpayers of St. Joseph County, Indiana effective July 1, 1997 at a rate of Two-Tenths of One Percent (0.2%); and WHEREAS, State law would authorize a further CEDIT increase of 0.2% which is necessary to continue providing essential services to the public of South Bend and St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend, Indiana, proposes and casts its 40.59 votes in favor of the following Ordinance of the St. Joseph County Income Tax Council: AN ORDINANCE OF THE INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA INCREASING THE COUNTY ECONOMIC DEVELOPMENT INCOME TAX IN ST. JOSEPH COUNTY, INDIANA (CEDIT) STATEMENT OF PURPOSE AND INTENT The 5t. Joseph County Income Tax Council (Council) acknowledges that a County Economic Development Income Tax (CEDIT) was initially imposed on the taxpayers of St. Joseph County, Indiana effective July 1, 1997 at a rate of Two-Tenths of One Percent (0.2%). The County Economic Development Income Tax may be increased by the St. 3oseph County .Tax Council pursuant to Ind. Code § 6-3.5-7-5(d). At this time, an increase in CEDIT by an additional Two-Tenths of One Percent 0.2% (or an effective rate of Four-Tenths Percent (0.4%) is necessary to maintain services essential services for the citizens of St. Joseph County as a result of significant revenue loss due to the Indiana legislature's 2008 cap on property tax rates throughout the State. NOVA, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY, INDIANA INCOME TAX COUNCIL, OF ST. JOSEPH COUNTY, INDIANA as follows: SECTION I. Effective October 1, 2009, the St. Joseph County Indiana Income Tax Council increases by an additional Two-Tenths of One Percent (0.2%) the County Economic Development Income Tax (CEDIT) imposed upon the taxpayers of St. Joseph County, Indiana, for an effective CEDIT rate of Four- Tenths Percent (0.4%). SECTION II. If any portion of this Ordinance is declared to be unconstitutional or invalid for any reason, such determination shall not affect the remaining portions of this Ordinance. SECTION III. This Ordinance shall be in full force and effect from and after October 1, 2009 upon its passage by the St. Joseph County, Indiana, Income Tax Council. ~*~~~~ SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Common Council ~ , .,• Qr:'S` 3.~pY lea S_, E'.i~ :',tea 1t~ ~i~~ ~~Lii;'iN~~ 4r~'t2Lr':{ yvi5 i:i=~:f },w„:~~( S ~ ~~~;~? s•. :~~~ J U ~~ 3 Q 2009 JOI~,J VG~F;G~ ~('~Y Ct,Etiu, 5Q. ~EF~, Etl. Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District 441 County-City Building .227 W. Jefferson Blvd rune 30, 2009 South Bend, Indiana 46601-1830 Members of the South Bend Common Council th (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http: //www so uthbendin. gov 4 Floor County-City Building South Bend, Indiana 46601 ~ ~'~,~ ~Jt~ - '``~ ~'°~ Re: Ordana~ace to Ban Land-Idelsl Cell Phoa~es and Texting VYlaile I)rivamg in School Crossing hones Dear Council Members: Public safety throughout South Bend is a top priority in our community. Since late last Fall, we have been studying ordinances in other communities which ban the use of hand-held cell phones and other texting devices while driving in school crossing zones. As you can see from the map which is attached for informational purposes, South Bend has many public and private schools located throughout the city. Preliminary drafts of the proposed ordinance have been shared with both the City Adnninistration and the Police Department Administration prior to he formal filing of this Bill ~,vith the Office of the City Clerk. David Varner On July 1, 2009, anew Indiana state law will take effect which prohibits a driver of Fifth District a vehicle under the age of eighteen (18) to operate a vehicle while using a telecommunications device, except for 911 emergencies. Oliver J. Davis Sixth District We believe the attached ordinance will compliment the new state law. The proposed Al "Buddy' Kirsits ordinance would: At Large e Prohibit a driver from using a hand-held telephone and other hand-held Timothy A. Rouse telecommunication device to send, read or write a text while driving in a school At Large crossing zone Karen L. White ® Such prohibitions would be on school days, during the hours that the school At Large crossing zone is in effect; or where signs are osted p o Emergency vehicle drivers would be exempt o A driver using ahands-free mobile telephone in a hands-free manner would be exempt A driver who is reporting a 911 emergency would be exempt i Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED REGULATIONS ON THE USE OF HAND- HELD MOBILE TELEPHONES, MOBILE COMMUNICATION DEVICES AND TELECOMMUNICATIONS DEVICES IN SCHOOL ZONES; AMENDING SECTION 2-213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS AND SECTION 20-98 ENTITLED OBEDIENCE TO SCHOOL CROSSING GUARD REQUIRED OF THE SOUTHBEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the Indiana General Assembly enacted Senate Bill 0016 which among other things prohibits an operator of a motor vehicle under the age of eighteen (18) from operating a motor vehicle while using a telecommunications devices except for making a 911 emergency call. This new state law will take effect on July 1, 2009. The South Bend Common Council notes that many communities throughout the country have been studying the effect of persons who use telecommunications devices while driving and the resulting increase in the amount of accidents. The increased use of such devices for calling and texting has created a situation for more distracted drivers, especially in school zones. Last November, a School Crossing Guard in Elkhart County was injured by a motorist driving though a school zone while using a cell phone. Last Fall, testimony from the South Bend School Crossing Guards at joint meetings of the Council's Health and Public Safety Committee and the Personnel and Finance Committee highlighted the increasing dangers which they have witnessed as a result of drivers using cell phones in school crossing zones. South Bend Municipal Code § 20-5 notes that school crossing guards who are designated by the South Bend Police Department assist"...school children in the crossing of streets while en route to and from their respective schools and homes". Such school crossing guards are "...an arm of the Police Department with the police power to enter streets or street intersections and to stop or otherwise direct both vehicular and pedestrian traffic upon the street", with those regulations being enacted in 1967 in original Ordinance No. 4960-67. South Bend Municipal Code § 20-98 further notes that "no operator of a vehicle or any pedestrian shall willfully disobey the signal or order of a School Crossing Guard with respect to the passage of vehicle or pedestrian in and upon the streets within the City", with these regulations also being enacted in 1967 as a part of original Ordinance No. 4960-67. Indiana state laws set forth regulations on school crossing zones but do not currently address the use of hand-held telecommunication devices, mobile telephones or mobile communication devices while driving in such zones. Telecommunication Devices in School Crossing Zone Ordinance Page 2 The new regulations are believed to be reasonable and necessary in furthering the health and public safety interests of helping to protect our school children, our school crossing guards, and the motoring public in our community. C~/~o-uy, ~~l~e~o~e, Ge it oa~/z~inec~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 20, Article 13, of the South Bend Municipal Code shall be read in its entirety as follows: ARTICLE 13. REGULATIONS ON THE USE OF HAND-HELD MOBILE TELEPHONES, MOBILE COMMUNICATION DEVICES AND TELECOMMUNICATIONS DEVICES IN SCHOOL ZONES Sec. 20-130 Definitions. In this section: ,(1) ENGAGING IN A CALL means talking into, dialing, or listening on a hand-held mobile telephone, but does not include holding a mobile telephone to activate or deactivate the telephone. (2) HAND-HELD MOBILE TELEPHONE means a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person). (3) HANDS-FREE MOBILE TELEPHONE means a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone. (~) MOBILE COMMUNICATION DEVICE means atext-messaging device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text communication, or both. The term includes a mobile telephone and a personal digital assistant (PDA). (5) MOBILE TELEPHONE means a device used by subscribers and other users of wireless telephone service to access such service. Telecommunication Devices in School Crossing Zone Ordinance Page 3 (6) SCHOOL CROSSING ZONE means a part of a roadway distinctly indicated for crossing by children on the way to or from school by lines or other markings on the surface of the roadway or by signs.l (7) TEXT MESSAGE means atwo-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global positioning or navigation system. (8) TELECOMMUNICATIONS DEVICE means an electronic or digital telecommunications device or digital telecommunications device as addressed in Indiana Code § 9- 24-11-0.5, and includes hand-held mobile telephones and mobile communication devices. (9) WIRELESS TELEPHONE SERVICE means .two-way, real time voice telecommunications service that is interconnected to a public switched telephone network and is commonly referred to as cellular service or personal communication service. Sec. 20-131 Drivers Prohibited to Use Hand-Held Mobile Telephones, Mobile Communication Devices and Telecommunication Devices While Driving in School Crossing Zone. (a) A person violates this Article if the person uses ahand-held mobile telephone to engage in a call or uses a mobile communication device or other telecommunication device to send, read, or write a text message, while operating a moving motor vehicle in a school crossing zone: (1) on an official school day; (2) during the hours when the school crossing zone is in effect; (3) when signs are conspicuously posted to indicate the beginning and end of the school zone; or (4) when signs stating "NO TEXT-MESSAGING OR HAND-HELD CELL PHONE USE IN SCHOOL ZONE" or similar language are conspicuously posted at each entrance to the school zone. 1 bzdiana Code § 9-13-2-161.5 addresses school crossing zones. Telecommunication Devices in School Crossing Zone Ordinance Page 4 (b) An operator of a motor vehicle who holds a mobile telephone or telecommunications device to or in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a call under this Article. Immediate proximity is any distance that permits the user of a mobile telephone or telecommunication device to hear telecommunications transmitted over the telephone or device and does not require physical contact with the user's ear. Sec. 20-132 Limited Exceptions. If the person operating a moving motor vehicle in a school crossing zone was: (a) operating an authorized emergency vehicle and using ahand-held mobile telephone, mobile communication device or other telecommunications devise in the course and scope of the person's official duties; (b) using the mobile telephone or mobile communication device to: (1) report illegal activity to a law enforcement agency; (2) communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation; or (3) is using a hands-free mobile telephone in a hands-free manner shall be considered exempt from the provisions of this Article. Sec. 20-133 Violations and Penalties. (a) Any person violating any provisions of this Article shall be issued a citation and be subject to the following fines: (1) Seventy-Five Dollars ($75.00) for the first violation; (2) One Hundred Twenty-Five Dollars ($125.00) for the second violation; (3) Two Hundred Fifty Dollars ($250.00) for all subsequent violations however, if a person violating any provisions of this Article has an accident in a School Crossing Zone, the citation shall automatically result in a fine of Two Hundred and Fifty Dollars ($250.00). (b) Any person issued a citation for violating any provision of this Article shall make payment through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of the citation shall result in the assessment of a late fee of fifty dollars ($50.00). (c) Each violation of this Article shall constitute a separate offense. Telecommunication Devices in School Crossing Zone Ordinance Page 5 Sec. 20-13~ Deposit of Fine. I~2onies Into Police Il~epartnaent Training Fund. (a) All monies collected and retained by the City for violation of this Article shall be deposited into the Police Department Training Fund (Fund # 220). Such monies shall be used solely for the purposes designated for such fund. Any and all interest earned on the monies deposited in Fund # 220 shall not revert to the general fund. (b) The Department of Administration and Finance shall send monthly written reports to the Office of the City Clerk detailing the amount of money collected and the amount of interest earned, with such reporting being filed no later than the last business day of each month. Section II. Chapter 2, Articlel9, Section 2-213 of the South Bend Municipal Code shall be amended to read as follows: Sec. 2-213. Schedule of ordinance and code violations. (a) The following schedule of ordinance and code provisions are subject to admission of violation before the Violations Clerk and includes the amount of the civil penalty to be assessed a violator who elects to admit a violation: Municipal Code Section Type of Violation Penalty 4-8 Licensing violation $ 50.00 4-48 Rubbish and garbage removal 50.00 5-8 General animal care 15.00 5-9 Sale of fowl prohibited 15.00 5-11 Animals in motor vehicles 15.00 5-12 Poisoning of animals 50.00 5-13 Trapper of animals 15.00 5-14 Maximum number of dogs or cats 15.00 5-15 Acreage requirements 15.00 5-16 Animals in heat 15.00 5-17 Removal of animal waste 15.00 5-23 Keeping certain animals 25.00 5-26 Interference with humane officer 15.00 5-27 Potentially dangerous dog licensing 50.00 5-28 Potentially dangerous dog regulations 50.00 6-46 Building contractors' registration 50.00 9-20 Leaf burning 50.00 9-21 Leaf burning 50.00 9-22 Leaf burning 50.00 13-57 Loud and raucous noise 50.00 13-57.1 Large parties or gatherings 50.00 13-62 ~ False fire alarm or false fire call 50.00 13-82 Stationary noises 50.00 13-87 Collection of recyclable materials by unauthorized person 50.00 13-91 Defacement or damage to property 50.00 14-2 Skateboarding 25.00 14-3 Skateboarding 25.00 14-4 Skateboarding 25.00 14-9 Curfew 25.00 14-14 Residential swimming pool 25.00 14-17 Open alcoholic beverage container 50.00 14-42 Parking prohibited in residential lawn areas 100/250.00 14-43 Parking prohibited on sidewalks or curb areas 100/250.00 14-53 Special Event in Residentially Zoned Area, First time violation 50.00 Second time violation 100.00 Third time violation and all subsequent violations 200.00 16-54 Public nuisance 25.00 16-61 Public nuisance 25.00 18-7 Snow removal from sidewalks 15.00 18-57 Street address numbers 15.00/25.00 19-17 Tree and lawn regulations 15.00 19-32 Weeds growth restrictions 15.00 19-35 Weeds and noxious growths ~ 20.00 19-40 Prohibited acts within parks 50.00 19-41 Advertising within parks 20.00 19-42 Parks: Disorderly conduct 50.00 19-43 Gambling within parks 50.00 19-45 Parks: Aviation 25.00 19-46 Camping within parks 50.00 19-50 Parks: Peddling, sales, etc. 50.00 19-52 Fires within parks 25.00 19-54 Parks: Protection of fish 25.00 19-55 Bathing within parks 25.00 19-59 Parks: Animals at large 25.00 19-60 Parks: Horses 25.00 19-61 Parks: Alcohol and drugs 50.00 19-63 Parks: Handicapped parking 50.00 19-64 Parks: Restrictions on vehicles 25.00 19-68 Parks: Obstructing traffic 25.00 19-69 Parks: Parking at night 25.00 19-71 Parks: Driving off pavement 25.00 19-72 Parks: Working on vehicles 10.00 19-75 Parks: Curfews 25.00 20-18 Overtime parking 5.00/15.00 20-67 Parking restrictions 3.00 20-100.1 Parking by fire hydrant 50.00 20-105 Snow removal 25.00 20-105.1 Snow removal 25.00 20-109.7 Truck route 50.00 20-113(b) Handicapped parking 50.00 20-116 Residential parking sticker 5.00 20-118 Truck parking 50.00 20 Use of Hand-Held Mobile Telephones & Other -133 Devices While Driving in School Zones 75,00/125.00/250.00 21-174 Sign regulations 25.00/50.00 Telecommunication Devices in School Crossing Zone Ordinance Page 8 (b) This schedule shall establish civil penalties to be assessed a violator who elects to admit to an ordinance or code violation, but shall in no way impair the ability of the City to bring suit to seek the imposition of any fine greater than that provided for by the schedule that is otherwise allowed by the Municipal Code of the City of South Bend andlor any State law. (c) Civil penalties shall be paid to, receipted, and accounted for by the Violations Clerk under procedures provided by the State Board of Accounts. (d) Payment of civil penalties maybe made in person or by mail to the Violations Clerk. (e) Upon a person waiving the right to trial and entering an admission of a violation with the Violations Clerk, the Clerk shall assess and receive from the violator the amount prescribed by the schedule set forth in subsection (a) herein. (f) The provisions of IC 33-36-2-1--33-36-2-3 and 33-36-3-1--33-36-3-7, as they may be amended from time to time, shall govern the operation of the Violations Bureau and collection of all civil penalties. (Ord. No. 7992-89, § 1; Ord. No. 8080-90, § 1; Ord. No. 8113-90, § I; Ord. No. 8151-90, § 1; Ord. No. 8166- 91, § 1; Ord. No. 8178-91, § 2; Ord. No. 8198-91, § 1; Ord. No. 8206-91, § 2; Ord. No. 8211-91, § 4; Ord. No. 8218-91, § 2; Ord. No. 8228-91, § Z; Ord. No. 8358-93, § 2; Ord. No. 8386-93, § 2; Ord. No. 9749-07, § 2; Ord. No. 9785-07, § 2) Section III. Chapter 20, Article 6, Section 20-98 of the South Bend Municipal Code shall be amended to read as follows: Sec. 20-98 Obedience to School Crossing Guards Required-Penal ~ No operator of a vehicle or any pedestrian shall =,""„" disobey the signal or order of a School Crossing Guard with respect to the passage of vehicle or pedestrian in and upon the streets within the City. fib) School Crossing Guards may take the license number of any motorist violating this section and who violates Section 20-131 which prohibits the operator of a motor vehicle to use a hand-held mobile telephone or telecommunications device while driving in a school crossing zone and report, it to the South Bend Police Department. (c) It shall• be a violation of this section for the operator of any motor vehicle to fail to stop when ordered to do so by a School Crossing Guard. (d) Any person violating_an~provisions of this Section may be issued a citation which is subject to a fine of fifty dollars $50 00); with all such fines being deposited into the Police Department Training Fund (Fund # 2202 Section IV. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Telecommunication Devices in School Crossing Zone Ordinance Page 9 Section N. This ordinance shall be in full force and effect from and after is passage by the Common Council, approval by the Mayor and legal publication. ~~ ~~~~~ Council Member Karen L. Health and Public Safety Health anc~P~blic Safety Chairperson Vice-Chairperson Council N~inber Thomas LaFountain. Chairperson Personnel and Finance Committee John Voorde, City Clerk ~ES~' ia7 ^~ m^ Ft.`s ~i5 i.`A.' ~}'a ~. r, .i:"z i4"-!':~ .'?~~iJ 4`?:1 V r~1i ii L:: ~ '., 1i~~~li t>.~~i:a~ [~ F co :c:l ~`b~~tt9E i~l`~~~ {~!f ~~~~ l~~~ivr ~~~~~t~by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of 2009, at o'clock , m. Janice Talboom, Deputy Clerk C~ivrw~uecC amd ~zec~ by me on the day of 2009, at o'clock .m. Stephen J. Luecke Mayor of the City of South Bend, Indiana 1 st READING ~''L 3-~~ PUBLIC HEAl2(NG 3 rd READING NOT APPRrJVEi~ 2EEERRE® RASSED r „n ~ J U L - ~ l~.~i~~ JGHP~ `JOCB~c CITY CLE:;K, BG. 3E1•!D, Idyl. N \/ 7/ \C - v y Y i s ~ ~ 1"-~ ~-- Fe ~ ~. 0 1,900 3,8 0 7,800 1,400 15,200 4» A ~.. ' ~ I ._ ~---y{ r _ ', ~ ~ ~ t ~' 6,~eve~an . ~ ~ --:- ~-~G~ evelartd-R,~ ~; ~~ i -L-insolnway-fit ~~ '~`~ ~~~1 ,~ .j~ ;`~, ':_~ ii iii _, ~'oe ~ (44~', f ~ _ i ., ______~ ~ ~ ~ i ,~ ~ ~ I i , , ~ ~ i ~~ k ~` r ~ ~~ ~ - ~ - _FT1 _ --- ., , N ~ '({,,I~/~~ 1 _ ~--~ i~ W ~ r ,N _ ,~ ~ i ~ le. Av . a - _ ~~ ~ ~~ ~ . ~,' ~. ~ ~ ~ ..Ill ~ ~~ ~" 1 ~ ~~ ~_ ~ ~ ~~ ~ ~ l~ i i p ~ tit ~ ~ ~,: ~ _ _ ~ - ~ e , ,1. , ~ ~-s. ~ ~---=r ~ ~ ,' 'Western-Av ~ - -. ~,~.._.. _r. Vl~est n.kve-a, „, _ ~ _ `~. ~,-ti ,,1 r Ej I ,~_ I -- ` -~;7' ~ ~ ~ ;.~- -~~*=s~ ~ ~ a r, ~ H_ ~ d ; , vv 1 r _ p ;1< <~ E t ri:~l _ _ ~,!'-~-:''i ~ ~:~~' _ ~ ~,.-,` -t~ ~ t . .' f ~ , ~ f r-~ -- 1 ~ lir~ , ._ _ `:~ o ~.~ ~w-- est , , _ , , ~, ~ } k _._~ ~ I - - I ~ s~:,f~ ~ i - ~. way", ~-- - ` ~_. ---, t-: t., f , + , '~ i .~-.. n . _ , a ~-la~ - - ~ --#-- ,~... - _ ,' .., _.__ ~~. --- - ~'~~ ' ~ ~~ ~-~-t--- ~ ~ ~d ` ~ ~ ~ l ~, _ - ~ ~ l ,~~ ~ ~~ ~~ ~ ~ -~ I ~- ' 1 `~ -_, ,~ ~ ~ Legend ~ South Bend Community School Corporation ;' _ Designation ;~ High School Intermediate School Primary School _ ~ 1000' Buffer SBCSC Private Schools 1000' Private Schools Buffer City of South Bend l' I ,-q l `r ~ _ ~ J ~ I f`~` t . ' ' ~ ~ i _... (r['' - -, ~c`r`~I Ra„ ,,:ti .~S 31 v'3~;~~~ ~ `~ ~-~-- T----'-~~--~St:,Jo~ --, i ~ .~. ~/ . ,_ r rT"• -~~- --mac-- A "•a ~'^'~ ~ 1! ~ ~-3 2 F ~'~ -~.-JY ~~ ~ ~ ~~ ~ '~ .~-. L ~ <~ ~ ~ ~ ~! 3 ~ ~~1 ;!~ --- ~ .~~' . d r ~ __ ~ ~ ~ 7~i ` ; ` __` .__. _ Y ~ .L~~1 t!~ m~ ~~. ro ~~_. ~~ p ---------~ ---:--- South Ben~~ Cdrnmu>a~ty~~~cho~ol Cor oration Sc ,ools 'i i ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2729 SOUTH MAIN STREET, COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The purpose of the rezoning is to allow property currently zoned LB Local Business District to be changed to GI General Industrial District for purposes allowed in that district. 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 {ndiana: Lots 45, 46,47,48 and 49 and the adjacent vacated alley in Oakside 2"d Addition #o,the City of South Bend, St. Joseph County, Indiana Tax Parcel Nos. 18-8014-0663, 18-8014-0666, 18-8014-0667, 18-8014-0668 and 18-8014-0665 Commonly known as 2717 South Main Street, 2721 South Main Street, 2729 South Main Street and 217 Oakside, South Bend, Indiana 46614 Subject to any easements, covenants or restrictions of record. be and the same is hereby established as GI General Industrial. 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 Counrcil~ /~ ~ ~ ' " !~ V'~~~~ BF: =~~.~~ ~~~,~~ F`4 :;u'nkEJ 3i aiE9 &~f~ F++~~~ L sae( ~~3a'LT3 e F C ~~ t~.S ~a~~t b 1.'KE9 iblim'Y Isaayd4se 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 1 st READING ~ ~! 3~ 1 pU8lIC HEARING ~ rd READING NOT APPROVF~ P,EFERREQ ,•~ PASSEJ~ :.~:.=_~ ~~~~:~ ifl ~~~;~'~ ~ffECe J U L - 8 X009 JpHl~l Vo0Ft1 ~~ !~. G1TY GLE.R+K, ,..o. BE Date Filed Date received by the Area Plan Commission Application No. PETITION FOR REZONING Huffaker Enterprises, Inc., owner of the real estate located at the 2729 South Main Street, South Bend, Indiana, and Company G, as contingent purchaser, hereby makes application to the Common Council of South Bend, Indiana to amend the South Bend Zoning ordinance from LB Local Business District to GI General Industrial District for the subject property. In support of this application, the property owner and contingent purchaser submit the following. 1. The property to be rezoned is developed with a commercial building and two (2) single-family dwellings located at 2729 South Main Street, in South Bend, Indiana. The property consists of five (5) lots and a vacated alley as shown on the attached areal photograph and site survey. The parcel size is approximately 1.1 acres. The two single-fanuly dwellings appear to be existing Iegaloon-conforming uses located in a district currently zoned LB Local Business District. Z. The name and address of the property owner is: Huffaker Enterprises, Inc. c/o Don E. Huffaker 1308 Apple Ridge Court South Bend, Indiana 46614 Telephone: (574) 291-2734 3. The name and address of the contingent purchaser of the property is: Company G 2511 South Main Street South Bend, Indiana 46614 Telephone (574) 287-4674 4. It is desired and requested that the property be rezoned from LB Local Business District to GI General Industrial District. 5. This rezoning is requested to allow the following use: The property will be used as the location of a business (Galloway Mortgage Services, Inc.) that provides services to the mortgage servicing community, such as mowing, demolition, re-key services, board-ups, and hauling away trash and furniture left at vacated homes. The property will be used for storage of equipment and steel fabrication on site for building repairs off-site. Dumpsters will be located on-site similar to other business (but not like a waste transfer station). The contingent purchaser presently intend to raze the single-family homes on the site a$er the current occupants vacate the premises. The contingent purchaser does not intend to evict the occupants. The rezoning for this use will be of benefit to the property and surrounding neighborhood. The rezoning will result in the upgrading of the property and will put to productive use a building that is currently vacant. 6. Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; (c) five (5) copies of the site plan; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7. By signing this petition, the property owner and the contingent purchaser understand that if the Council approves this petition to rezone, it maybe approved subject to the submission of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (I}year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one (1) year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan maybe requested. OWNER: Huffaker Enterprises, Inc. By: ` - ~ ~ J es A. M ers (#9074-71) N4 METH, F ENEY, MASTERS & CAMPITI, P.C. 21~-~a~ington St., Suite 1800 South Bend, Indiana 46601 Telephone: (574) 234-0121 Its: Attorney 2 J U L- a 2009 p1.~,{ (~Q: i~ d~l~nJ~f~Fp.tr {,~ Gl { L 4~~~i~~S ti74. U.S.It L/} !LY. CONTINGENT PURCHASER Company G By: Its : .~,~GL~/'2~~c---. F;\MASTERS\CLTENTS\ftuffakcr, Don E\Rczoning.PETTTTON.~vpd ~~~~~~ i~ ~~~~~.'~ ~~~~~~ dC?4~id t,Q~nL~ 7 Property Owners Within 300 Feet of 2729 S. Main St., South Bend Prouerty Owner Tax Key No. Amland Corp. 018-8013-0599 105 N. Niles Ave. South Bend,1N 46634 Accu Cast Technology, LLC 018-8013-59801 220 W. Eckman St. 018-8013-59802 South Bend, IN 46614 018-8013-59803 Orangensaft, LLC 018-0816-0715 202 Lincolnway East 018-0816-0716 Suite 100 • 018-0816-0717 Mishawaka, IN 46544 018-0816-0718 018-0816-0719 Mulatu Amare & Fereheyot 018-0816-0726 11604 Coastal Highway Ocean City, MD 21842 2801 S. Main Land Trust 018-0816-0727 P.O. Box 2544 South Bend, IN 46680 Chris P. Kohler. 018-8016-0728 22845 Madison Road 018-8016-0730 South Bend, IN 46614 018-8016-0731 William and Lorraine Davis 018-8016-0732 2821 S. Main Street South Bend, IN 46614 Nick G. Allen 018-8014-0681 5105 Western Ave. South Bend, IN 46619 John Lockwitz, III 018-8014-0680 21959 Silver Spring Dr. South Bend,1N 46628 Millers Real Estate, LLC 018-8014-067901 2700 S. Main 018-8014-0669 South Bend, IN 46614 018-8014-0670 018-8014-0671 Miles E. Lockwitz 2714 S. Main St. South Bend,1N 46614 Nick G. Allen 51867 Meadow Knoll Dr. South Bend, IN 46628 Frank and Nicola Macri and Immacolata as Joint Ten W. Ros Astic 22890 S.R. 23 South Bend, IN 46614 August and Doris Brenner A Rev. Liv. Trust Brenner August K and Doris as Trustees Res Life Est 60683 Crown Ridge Ct. South Bend, IN 46614 Edward Wedelstedt 2825 East Long Ct. Littleton , CO 80121 Mark and Judy Liszewski 63921 Miami Road South Bend, IN 46614 Joel A. Morimanno P.O. Box 2723 South Bend, IN 46680 Kent and Roseanne Miller 2810 S. Main South Bend, IN 46614 Ashley, Inc. 2801 S. Michigan St. South Bend, IN 46624 018-8014-0672 018-8014-0673 018-8014-0674 018-8014-0675 018-8014-0676 018-8014-063701 018-8014-0657 018-8014-0658 018-8014-0661 018-8014-0647 018-8015-0690 018-8015-0689 018-8015-0688 018-8015-0687 018-8015-0686 018-8015-0700 ~~......_..-.V..~:._.~.....~_....-- JUL-~2CC9 2 ,iGF1P~ V~'~FG~ CITY ~? Erik, ~~. F~iad, [Pt. - t ,=' . ., ,' ~a,~.~ Itri ~~xa i i~F 3J "1 " . ,._,; . ~, ~,~~~t~;a.. { . Fmf r.~1~Jr~~'~ ~ i ~_ 1 .P1:. ~~'-f ~-' QQ + 1 K ~~~4 • l .p~ ,'! ~ . ~k i ~t~f ~ 1' ' ~ ~~ ~~. p a'~i r~~ t .r, ~`~ 1 :~ ~ •{ ~ ~~ 2. ;- ~,. r~ -~ ~ f' ti r~ r# u1A ah Nht Site f ~I ~ + ~ - t ~ ~.I'` ii _..,.i ~° ~~ ~ ~~.t 3 $;. ,~ g ~( ^..i.1 ~`. Y~S:1 ~~ h, .,.I 1 - ~f ~ _. ~CfF~ 1~1~~~~~ ., ~~l ,.. ~~~ 3 :.*a~ ~• ~~~ ~' ~:; ~~ ,~ Y I . ¢" F { ;y ;. s /i~ ~ ~ ~~ t r 3 ~ ~ -~4'k r'Lrr ~ - ~ ~ 31 r ~ ~I T. 3? ,'~ ~Y is 7sw~• _:., - _ ,~ ~ .~ t ~ ~ ',y ~,~,."1~F'~i' .. !~' •i ~i_ d ~. . . ~~ ~~vr"~ ~ w~ ' '- tT`'6f ~,} a~~`~fi~~~~ µIF` ,: ~~s, ~ ix, ~ APProxi } ~a f i .,Qi , k . fiw-,• ~ 1Lk_'.a:~~-,.s~_~A~ S-, ova . 2.~0.:)^ Y'?iu~: .". 1 ~ t~:: 5i __ 0 400 ft US ~Il~ ~ ' ' t t~ Location Portage Township, Saint Joseph County ii{{ _ ~ ~'QC~ SOUTH BEND WEST Quadrangle ~ v ~ Section 24 T 37tJ R 2E ~ Base map: National Agriculture Imagery Program (NAIP) ~`^ ~ '~• i•1 Ci~J i ~~ -ss-,~~-(~ Heartland Envfironmental Rt~7o R a{ty Group J -~ 2008 Aerial Photograph Mishawaka, IN ~~ Assocdates, L',c. Date: C~ 3416 Mishawaka Ave. 2729 SOUth Maln Street 4/28/2009 ~.~` South Bend, IN 46615 South Bend, IN 46614 _--- ---- ~'~ """ .IDF2B by. 1 inIe200-00 fi t~.t•~~: i'Vpe~~er Map-------___..- i......-. _.__._._.____.._.-_._._.._______._-._-_-.._.~---------.._.-__.-_._._.___.-_--._...._.Y_.___...._._. _.__.... _ 0 ~_-.~_-Leca~end [ q St. Joseph Par~l~ {'aunt-. €'a.! ParGa's Elkhari~'Inaatparala~J G'sti~ ® 5t. Jo vaph~ln~.aniaraie:t ~ilias Elkhart~'Giaril Ta~obmships ~'~1 Eikhari#'Cauniy ®otn~:i.art~ 5t. Jossph~ivounty ~ioun~~ary Aerial Photagraphy~.%~~~J a Bt3Gk 3r1~ ~t1e~71i9 t Tnformation shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible vritho rr h.c }written permission of the Michiana Area Council of Governments. --~z ~~~ -_~.~.~-,.~^~_ _ '_ _ ~ - _ .~. ~ , 5:;~ 4.~#~i~iL CITY Ct.F~K, ~.Q. ~E.'s,~, .. . ORDINANCE N®. AIV ORDINANCE AIVIERIDINC3 THE ZONINC7 ORDINANCE FOR PROPERTY LOCATED AT EDDY STREET AND ANGELA BOULEVARD/EDISOIV ROAD, COUIVCILMANIC DISTRICT FOUR (4) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The rezoning seeks to further define the number of unrelated adults who may occupy a dwelling unit within the portion of the previously approved Area 1 of the Eddy Street Commons Planned Unit Development, to provide for a maximum of three (3) adults unrelated by blood, marriage or legal adoption to live together in one (1) dwelling, with, however, a further restriction providing for a maximum of two (2) adults unrelated by blood, marriage or legal adoption to live together in one (1) dwelling unit that contains a single bedroom. 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: A part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East and a part of the Northwest Quarter of Section 6, Township 37 North, Range 3 East and Lots 26 and 27 and Lots 71 through 74 and Lots 107 through 110, .all in Hartman and Miller's plat, the plat of which is recorded in Plat Book 7, Page 29, in the Office of the Recorder of St. Joseph County, Indiana, and including all street and alleys lying within the below described perimeter, all being in the City of South Bend, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Beginning at the Northeast Corner of Lot 35 in Sorin's second addition; the plat of which is recorded in Plat book 1, Page 10 in said Recorder's Office; Thence N. 00°20'45" W., (N. 00°20'42" W. Record), 70.11 feet to a point on the Southerly Extension of the West Right-of-way line of Eddy Street and the Easterly Extension of the proposed North Right-of-way line of Napoleon Street as shown in Vacation Ordinance Number 9818-08; Thence along said proposed North Right-of--way line N. 88°57'46" W., 194.72 Feet to a point on the Southerly Extension of the West line of Parcel 1 described in Instrument Number 0117885 in said Recorder's Office; Thence along said West line, N. 02°44'02" W., 512.14 Feet; to the South Right-of-way line of Angela Boulevard; Thence along said South Right-of-way line, S. 78°02'36" E., 47.16 Feet; Thence along said South Right-of- way line S. 89°21'11" E., 130.00 Feet; Thence crossing Eddy Street N. 88°23'14" E., 112.97 Feet to a-point on the proposed Southerly Right-of-way line of Angela Boulevard as shown in Vacation Ordinance Number 9818-08; Thence along said Southerly Right- of-way line N. 65°41'36" E., 36.85 feet to a point on the Westerly Extension of the South Line of a 7.30 Acre tract of land described in Instrument Number 0601917 in said Recorder's Office, said 7.30 Acre Tract establishes the boundaries of Angela Boulevard; Thence continuing along said South Right-of-way line and South Line of said 7.30-acre tract the next two (2) courses, S. 89°21'11" E., 992.72 feet, and along a curve to the left having a radius of 1190.00 feet, and having an arc length of 187.62 feet, to the end of a chord bearing N. 86°07'48" E., and having a distance of 187.43 feet, Thence S. 21°22'43" E., 682.12 Feet to a point on the North Line of Hartman and Woodworth's plat, the plat of which is recorded in Plat Book 7, Page 30 in said Recorder's office; thence S 89°50'18" W., 583.99 feet along said North Line to the Northerly extension of the West line of Lot 12 in said Hartman and Woodworth's plat; Thence S. 00°19'30" E., 92.00 feet along said extension and west line of Lot 12 and the West line of Lot 11 in said Hartman and Woodworth's plat to the Southwest Corner of said lot 11 said point also being on the Easterly extension of the South Line of Lot 110 in Hartman and Millers plat, recorded in Plat book 7, Page 29 in said Recorders Office; Thence S. 89°50'18" W., 770.14 Feet; along the extension and the South line of said lot 110 and lots, 107, 74,71 and 27 extended Westerly to the Centerline of a 12-foot wide alley vacated by Ordinance Number 8551=94; Thence N. 00°20'43" W., 137.97 feet along said Centerline prolongated Northerly to the Intersection with the Easterly extension of the North line of Lot 35 in said Sorin's Second Addition; Thence S. 89°46'20" W., 176.98 feet along said extension crossing Eddy Street to the Northeast Corner of said lot and the point of beginning. be and the same is hereby established as PUD 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 Co'~ncil Attest: 4~~~;k~ja~~k; vi p~~~~~ ia~€uel~~ v"~ ~'s~o~~ ~,~~~~ ~ ~~~~ i~t~e 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 at o'clock . m. day of 2 , Mayor, City of South Bend, Indiana ? sr REAPING ~ " l 3 -~ ~, PUBLIC HEARING 3rd P.EADING NOT APPRO~~ REFERRED. PASSF,~ J U L - 8 2009 '~ J01-{N V~ORDF ~ti~f Gk.iwRiC, SLR. Fs~~!D, IR9. Date Filed Date received by the. Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Eddy Street Commons Plam~ed Unit Development (Eddy Street and Angela Boulevard / Edison Road) 2) Name and address of property owner(s) of the petition site: University of Notre Dame 836 Grace Hall Notre Dame, IN 46556 3) Name and address of contingent purchaser(s), if applicable: n/a 4) It is desired and request that this property be rezoned from PUD to PUD 5) This rezoning is requested to allow the following use(s): To provide for all uses and combinations of uses previously approved for the Eddy Street Commons PUD, with a clarification concerning the number of unrelated adults allowed in a dwelling within Area 1. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (] 7) preliminary plans (proposed "amendment" to prior approved PUD noted in blackline on Page 2 therein); (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed at 8'/z x 11 format. PETITION PREPARED BY: 7_eff A.Weiss [ce Miller LLP One American Square, Suite 2900 Indianapolis, IN 46282 ,,,•~ 317-236-2319 (direct) Z~~ ~ zeff.wei ss@icemil ler. com 1/2351402.1 ~I~C ~f~ ~~~t~`~'~ ~if6~~ J U L - 8 20Q9 ,i,Gl-it•4 iff)v~CE Statement of Purpose and Intent Regarding Eddy Street Commons PUD Planned Unit Development The Eddy Street Commons Planned Unit Development was originally approved by the South Bend Common Council on July 16, 2007. A subsequent amendment concerning signs was approved by the Area Plan Commission on August 19, 2008, followed by administrative amendments concerning office square footage and construction trailers approved by the Executive Director on August 21, 2008. This rezoning petition seeks to further define the number of unrelated adults who may occupy a dwelling unit within the portion of the previously approved Area 1 of the Eddy Street Commons PUD. Specifically, this rezone request proposes to add the following text to the Permitted Uses portion of Area 1: "A maximum of three (3) adults unrelated by blood, marriage or legal adoption may live together in one (1) dwelling. However, a maximum of two (2) adults unrelated by blood, marriage or legal adoption may live together in one (1) dwelling unit that contains a single bedroom." All other provisions within the previously approved Eddy Street Commons PUD, as previously amended in 2008, are proposed to remain in place. 02351503.1 1®lame &z Address Parcel 1®1os. Johnnie R. Johnson 018-5101-3558 1124 N. Eddy Street 018-5101-3555 South Bend, IN 46617 018-5101-3552 University ofNotre Dame Du Lac 01.8-5101-3561 836 Grace Hall 018-5101-355801 Notre Dame, IN 46556 018-1017-0406 018-5101-3564 018-5101-3567 018-5123-439203 018-5123-439202 . 018-SI01-3570 018-SI01-3553 018-5101-3554 018-5101-3559 018-5101-3562 018-5101-3565 018-5101-3568 018-5101-3571 018-5101-3556 018-5101-3557 018-5101-3525 018-5101-3528 018-5100-3526 018-5100-3529 018-5100-3527 018-5100-3530 Northeast Neighborhood Revitalization Org., 018-5101-3563 ~c• 018-5101-3560 803 Lincolnway 018-5101-3566 South Bend, IN 46616 018-5101-3569 Ol 8-5101-3572 018-5100-3538 018-5100-3544 018-5100-3542 018-5100-3545 018-5097-3451 018-5097-3435 018-5097-3433 Ol 8-5097-3431 _ 018-5097-3425 018-5097-3428 South Bend Heritage Foundation, Inc. 018-5100-3536 803 Lincolnway West 018-5100-3534 South Bend, IN 46616 018-5100-3531 City of South Bend 018-5100-3540 Name ~i Address Parcel Nos. 227 W. Jefferson Blvd. 018-5100-3537 South Bend, IN .46601 018-5097-3422 018-5097-3445 Elvis Willis 418-5100-3543 22869 State Road 23 South Bend, IN 46614 South Bend Housing Authority 018-5100-3532 501 S. Scott Street 018-5100-3533 South Bend, IN 46613 018-5097-3423 Northwest Neighborhood Revitalization Org., 018-5100-3541 Inc. Ol 8-5100-3535 803 Lincolnway West South Bend, IN 46616 Five Corners, LLC 018-5100-3539 814 Marietta Street South Bend, IN 46601 Edward & Irene Cour 018-5105-3689 P.O. Box 809 Notre Dame, IN 46556 Kamilla Kapacinskas & 018-5105-3676 Gregory Homing 1126 Frances Street South Bend, IN 46617 Trustees of Indiana University 018-5123-439204 530 Kirkwood Avenue, Suite 204 Bloomington, IN 47408 ~a F 5 j'•" ~ J U L - ~ 2009 vu'ri?'a E'[3v~?~1d C~Tf GLrnk, 5~. u:,~~, (F:i. Map Output Page 1 of 1 Edd Street Commons Vicini ..; ._ ~ ~ ,; ~ x~' ! r , ~ ;. , ~s ~'~ i" ~'k' ~~ _ ._ , . fi , 1 --... _ i ~...rr+.~...... ...... ~, _ _ -- •- x ~. Le~en~ J1. J~Sa;~f1 P~1rf:~.1•a*:~ r-r:.iniY ' t ' i ~ <~ ' • ' ~" b ^ ESkhart~.'Fncax~~:'~1aci Git?5 ~ ; ' ¢r . ~. ._._......,..,~.~,........._......_......,,.. .„.,,~•., .,. ~ S!. J~7s~~31?;In:;a~oraLasi 7 ~ ~ ?d ~ C~iS ? ~ ~, ~+*C, ~ `s r ~ ! St. Joveph Jaunty ,~ as ~ i°~ y~` ~ t ,r r y:. ~ ~ E"x.nart~GrviiTa•rvn~tii~~ ~ ~ ~ ~ i.! ..... ., .. r .... tiY w'~ ! ~ -_ O sl. JsJ.i:7p?i.t'. ~,TY;I T'.Y't ^15111:7~ .. :. .., r •. _. - ~' ~ ^ Elidla:l~~:.7unlYE`»"~dary~ _ . _. s ` '.~ -.••.- .. ~ _. _' SOUTH BEND CflRP LINE 4 . ~ s - , B yr tt .t .. t 1 r.P~ ~1<s <"'{ ~y Y b: W....k.l•F.r•.'~ •.hy.tw.. .r~ y' .^ y '" _. .t a ~ re'1{ is S..~Irr~~~. t~ 77- L1~ L'... ., l ~` : ~~ ' y • . _ r.... .. . i.t r. r e...... i <° .: .. s. ]nformation shown on this map is not warranted for accuracy or merchantability. Reprod uction of this material is not possible without the written permission of the Michiana Area Council of Governments. g or, ~li~~ L~ l~,i~_~'iri~ ~~•ti~~' !~'r?t ~!';~~~G v http://www.macoggis.com/arciins/ims?ServiceName=MACOGOverviewMap&ClientVersion=4.0... 7/7/2009 Eddy Street Commons Planned Unit Development Preliminary Plan Original Approved by City of South Bend Common Council on July 16, 2007 Approved Amendments: Date A roved Section To is A roved B August 19, 2008 10 Signs Area Plan Commission August 21, 2008 1 Area 1 -Office sq. ft. Exec. Director August 21, 2008 15 Construction Trailers Exec. Director BDDBOI 4715241v10 BDDBOl 5378671v1 JUL - 8 2009 J~ ~r~ ~°cc~c~ CITY CLEr ~;, 5C. F~h'D, r~,,, Eddy Street Commons Planned Unit Development Preliminary Plan This document includes all Amendments through and including: August 21, 2008 Submitted by: KRG Eddy Land, LLC & Kite Realty Eddy Land, LLC Introduction Petitioner, Kite Realty Group, requests the rezoning of 24.345 acres from the "U" -University District and the SF2 -Single Family and Two Family District to the PUD classification to provide for amixed- use development including but not limited to: retail uses; restaurant uses; office; full service or limited service hotel; structured parking; surface parking; and, multifamily (apartment, condominium, townhome, cityhome, courtyard townhome, or flats). The Eddy Street Commons Planned Unit Development ("Eddy Street Commons") is planned to include seven (7) major land use areas. The major retail /office /multifamily land use areas are to be oriented to Eddy Street as a gateway drive between the University of Notre Dame and the City of South Bend. Along the recently extended Angela Boulevard / Edison Road which creates the north boundary of Eddy Street Commons are to be located one or more hotels, one of which may include conference facilities, "CityHomes" and open space. Centrally located in Eddy Street Commons is a proposed parking structure and surface parking which will provide for the parking needs of the overall development and will thus allow for the creation of an energetic, pedestrian friendly, urban streetscape development rather than an automobile dominated development. South and east of the central parking facilities, land use will transition to lower intensity office use or residential flats, then to cityhomes, courtyard townhomes or open space which will transition the overall Eddy Street Commons development into neighboring developments, including the residential renovation areas proposed by the South Bend Heritage Foundation, Inc. between the proposed extension of Napoleon Street and South Bend Avenue. Please refer to the attached Preliminary Plan Map for a graphic representation of the land use pattern described above. Eddv Street Commons Planned Unit Development 1. Area 1 -Retail /Office /Multifamily. Intent: Area 1 is envisioned to be the main activity hub for Eddy Street Commons where shopping, dining, entertainment and living activities are centered. Area 1 architecture will provide the warm feeling of a vibrant, small town downtown street setting which will be highlighted by lively banners, street vendors and outdoor dining activities. The first floor portion of Area 1 buildings are anticipated to include the primarily retail, restaurant or office locations. The second floor level may include the second floor of two story retail establishment or office space and may begin the transition to dwelling units. The third floor level and above would be limited to office or residential uses. Depending on the mix of uses which can be attracted to Eddy Street Commons, Area 1 may include up to 100,000 sq. ft. of retail space, up to 85,000 sq. ft. of office /professional service space, or up to 380 dwelling units. a. Permitted Uses. Any primary, special exception, accessory use, temporary use or home occupation as listed in and regulated by Section 21-03.02: MU -Mixed Use District of the South Bend Zoning Ordinance. Temporary uses may also include such activities as street fairs or Farmer's Markets, where Eddy Street would be closed to vehicular traffic. The frequency of such street fairs or Farmer's Markets would vary with the seasons, but would not exceed once a week during peak summer or football seasons, with the schedule of such events and street closures being subject to prior approval by the Board of Public Works. A maximum of three (31 adults unrelated by blood, marriage or leual adoption may live together in one (1) dwelling. However, a maximum of two (2) adults unrelated by blood, marriage or legal adoption may live together in one (11 dwelling that contains a single bedroom. b. Prohibited Use Any establishment that serves only alcoholic beverages. c. Development Standards. Any development within Area 1-Retail /Office /Multifamily shall comply with the Development Standards set forth in Section 21-03.02: MU -Mixed Use District of the South Bend Zoning Ordinance, except as modified below: (1) Yards and Building Setbacks -The minimum front yard and building setback shall be zero (0) feet from the existingright-of--way; provided, further, however, that building embellishments such as balconies, bay windows, cornices, etc., may project up to eight (8) feet from the building, provided further, however, that any building embellishments which project into or over a public right-of- way shall be subject to the approval of the Board of Public Works. (2) Minimum Front Residential Bufferyards -The minimum front residential bufferyard requirements shall not apply to Eddy Street Commons. (3) Building Height -The maximum building height shall be 65 feet, not to exceed four (4) stories, provided that corner elements at Eddy Street & Angela Boulevard / Edison Road shall have a maximum building height of 75 feet, not to exceed five (5) stories. (4) Maximum Gross Floor Area -The maximum gross floor area for a single use listed under the headings of Clothing Service, Food Sales and Service, Recreation or Retail shall be 30,000 square feet. (5) Parking -Off-street parking shall be located in a Shared Parking facility authorized in Area 3 -Shared Parking, below, or in a parking area located behind the buildings located along the west face of Eddy Street. See attached Conceptual Off-Street Parking and Loading Plan. (6) Employee Parking -All leases executed for space within the retail and office uses will require tenants to provide employee parking within the Eddy Street Commons development. (7) Outdoor Operations -Outdoor seating for restaurants and the outdoor display or sales of merchandise may occur in a street right-of--way provided a useable sidewalk width of not less than six (6) feet is maintained and approved by the Board of Public Works. (8) Fire Suppression -Any mixed-use building and any garage wrap condominium building shall be equipped with an automatic sprinkler system. 2. Area 2 -Hotels /Conference Center. Intent: Area 2 is envisioned to include two hotels. The first hotel shall be an approximately 250 room, full-service hotel with conference center. The upper three (3) floors of the full service hotel building shall be developed as condominiums with a terrace on the roof. The second hotel would likely be an approximately 125 room limited service hotel. a. Permitted Uses. (1) Afull-service hotel, including but not limited to such accessory uses as a conference center, roof top terrace and the following Food Sales and Service uses: Bar *; Cabaret - 21 and Over *; Cabaret -Family; Convenience Store; Delicatessen /Cafeteria; Nightclub *; Restaurant -Fast Food ; Restaurant - Family; Restaurant -Family with Lounge; Tavern *. * =Controlled Use, subject to the additional requirements of Section 21-08.02 - Special Regulations for Controlled Uses of the South Bend Zoning Ordinance. (2) Limited service hotel. (3) Dwelling Units -limited to the top three (3) stories of afull-service hotel. (4) Accessory uses, temporary uses or home occupations as listed in and regulated by the General Regulations for either Residential Districts or Commercial Districts, as applicable, based upon the nature of the primary use for which the accessory use, temporary use or home occupation is associated. b. Development Standards. Any development within Area 2 -Hotels /Conference Center shall comply with the Development Standards set forth in Section 21-03.06: CBD -Central Business District of the South Bend Zoning Ordinance, except as modified below: (1) Building Height -the maximum building height of a full service hotel shall not exceed nine (9) stories; the maximum building height of a limited service hotel shall not exceed six (6) stories. (2) Parking -Off-street parking shall be located in a Shared Parking facility authorized in Area 3 -Shared Parking, below. (3) Fire Suppression -Any hotel building shall be equipped with an automatic sprinkler system. 3. Area 3 -Shared Parking. Intent: The Shared Parking facilities permitted within this Area 3 are intended to provide a common parking facility to meet the parking requirement for Area 1-Retail /Office / Multifamily, Area 2 - Hotels J Conference Center and Area 4 -Office /Residential Flats. The design of the Shared Parking facilities and their location at the center of Eddy Street Commons is intended to limit the views of the Shared Parking facilities from all surrounding developments and to enhance the appearance and feeling of Eddy Street Commons as a pedestrian oriented development. See attached Conceptual Off-Street Parking and Loading Plan. This section supersedes the provisions of Section 21-07.04 (c) - Location of Parking Areas of the South Bend Zoning Ordinance. a. Permitted Uses. (1) Surface parking lot. (2) Parking Garage. b. Development Standards. Any surface parking lot or parking garage development within Area 3 -Shared Parking shall comply with the following standards: • (1) Design and Layout -The design and layout of all off-street parking areas shall be in compliance with the Section 21-07.04 (d) -Design and Construction of Off-Street Parking Areas of the South Bend Zoning Ordinance. (2) Minimum Lot Width and Frontage -there shall be no minimum lot width or frontage requirement on a public street for any surface parking lot or parking garage. (3) Yards and Building Setbacks -The minimum front, side or rear yard and building setback shall be zero (0) feet from the lot line. (4) Parking Garage Height Limitation -The main structural height of any parking garage, exclusive of elevator towers or stairwells, shall not exceed sixty-five (65) feet in height. (Note: It is the intent of this regulation that any parking garage shall not have a main structural height in excess of the height of surrounding buildings.) (5) Fire Suppression -Any parking garage shall be equipped with an automatic sprinkler system. 4. Area 4 -Office /Residential Flats. Intent: Area 4 begins the transition from the high intensity activities of Area 1 and the large hotel and parking garage structures of Area 2 and Area 3 to the residential areas to the south and east of Eddy Street Commons. Approximately 50 - 60 dwelling units are projected for this area with each unit anticipated to include approximately 1,000 -1,700 sq. ft. of living area with a rear access, one-car attached garage. Additional guest parking would be provided in a portion of the Shared Parking facilities of Area 3. Since the likely unit style is anticipated to be flats (i.e., dwelling units located all on one floor and stacked above each other rather than side by side), the floor plate and living areas of upper floors must be the same as lower levels. This floor plate size and the desire to provide for the use of steeply pitched roofs and unique architectural features to present an image of a quality residential development require a higher than normal building height for the residential buildings in Area 4. Any office uses developed in Area 4 would be limited to the frontage along the proposed Duey Avenue extension to preserve the residential nature and appearance of Napoleon Street. a. Permitted Uses. (1) Any Office /Professional Services use listed in Section 21-03.02: MU -Mixed Use District of the South Bend Zoning Ordinance, provided, however, that Office /Professional Services uses shall not be permitted in any building which fronts onto Napoleon Street. (2) Multifamily Dwellings. (3) Accessory uses, temporary uses or home occupations as listed in and regulated by the General Regulations for either Residential Districts or Commercial Districts, as applicable, based upon the nature of the primary use for which the accessory use, temporary use or home occupation is associated. b. Development Standards. (1) Any Office /Professional Services use alone or in combination with multifamily dwellings in the same building shall be developed in compliance with the regulations of Section 21-03.02: MU -Mixed Use District of the South Bend Zoning Ordinance, except as modified below: (a) Building Height -the maximum building height for a primary building shall be 65 feet, but not to exceed four (4) stories containing a dwelling unit. (b) Yards and Building Setbacks -The minimum front, side or rear yard and building setback shall be zero (0) feet from the lot line; provided, that building embellishments such as balconies, bay windows, cornices, etc., may project up to eight (8) feet from the building, provided further, however, that any building embellishments which project into or over a public right-of--way shall be subject to the approval of the Board of Public Works. (2) Any building designed exclusively for Multifamily Dwelling use shall be developed incompliance with the regulations of Section 21-02.03: MF1 - Urban Corridor Multifamily District of the South Bend Zoning Ordinance, except as modified below: (a) Building Height -the maximum building height for a primary building shall be 70 feet, but not to exceed four (4) stories containing a dwelling unit. (b) Yards and Building Setbacks -The minimum front or rear yard and building setback shall be zero (0) feet from the lot line; provided, that building embellishments such as balconies, bay windows, cornices, etc., may project up to eight (8) feet from the building, provided further, however, that any building embellishments which project into or over a public right-of--way shall be subject to the approval of the Board of Public Works. (c) Yards and Building Setbacks -The minimum side yard and building setback shall be zero (0) feet from the lot line, provided a minimum separation of ten (10) feet is maintained between buildings. (3) Parking -Off-street parking shall be located in a Shared Parking facility authorized in Area 3 -Shared Parking, above. (4) Fire Suppression -All buildings shall be equipped with an automatic sprinkler system. 5. Area 5 - CityHomes. Intent: Area 5 is anticipated to feature a more traditional row house or townhouse style of development containing approximately 60 - 70 dwelling units. All dwelling units are anticipated to include approximately 1,600 - 2,400 sq. ft. of living area and a rear access, two car attached garage. a. Permitted Uses. (1) Multifamily Dwellings and Single Family, attached Dwellings. (2) Accessory uses, temporary uses or home occupations as listed in and regulated by Section 21-02.11: General Regulations for Residential Districts of the South Bend Zoning Ordinance. b. Development Standards. Any development within Area 5 - CityHomes shall comply with the Development Standards set forth in 21-02.03: MF 1 -Urban Corridor Multifamily District of the South Bend Zoning Ordinance, except as modified below: (1) Yards and Building Setbacks -The minimum front or rear yard and building setback shall be zero (0) feet from the lot line; provided, that building embellishments such as balconies, bay windows, cornices, etc., may project up to eight (8) feet from the building, provided further, however, that any building embellishments which project into or over a public right-of--way shall be subject to the approval of the Board of Public Works. (2) Yards and Building Setbacks -The minimum side yard and building setback shall be zero (0) feet from the lot line, provided a minimum separation of ten (10) feet is maintained between buildings. (3) Fire Suppression -All buildings shall be equipped with an automatic sprinkler system. 6. Area 6 -Courtyard Townhomes. Intent: Area 6 is intended to provide the final transition from the more intense development of Eddy Street Commons to the single family development to the south. This area is anticipated to include approximately 20 - 26 courtyard style townhomes. Each unit is anticipated to include approximately 1,600 - 2,400 sq. $. of living area with a rear access, two car garage. It is anticipated that these courtyard townhome units will feature individual, private courtyards, located between the garage and main living area, for the use and quiet enjoyment of the occupants. a. Permitted Uses. (1) Multifamily Dwellings and Single Family, attached Dwellings. (2) Accessory uses, temporary uses or home occupations as listed in and regulated by Section 21-02.11: General Regulations for Residential Districts of the South Bend Zoning Ordinance. b. Development Standards. Any development within Area 6 -Courtyard Townhomes shall comply with the Development Standards set forth in 21-02.03: MF1 -Urban Corridor Multifamily District of the South Bend Zoning Ordinance: (1) Yards and Building Setbacks -The minimum front or rear yard and building setback shall be zero (0) feet from the lot line; provided, that building embellishments such as balconies, bay windows, cornices, etc., may project up to eight (8) feet from the building, provided further, however, that any building embellishments which project into or over a public right-of--way shall be subject to the approval of the Board of Public Works. (2) Yards and Building Setbacks -The minimum side yard and building setback shall be zero (0) feet from the lot line, provided a minimum separation often (10) feet is maintained between buildings. 7. Area 7 -Open Space / SF-2. Intent: The northern portion. of Area 7 may include storm water management structures and improvements, with the remainder of Area 7 north of Napoleon Street to be preserved in its natural, wooded state or partially redeveloped as a constructed wetland. Within the northern portion of Area 7, pedestrian connections from SR 23 /South Bend Avenue to Angela Boulevard / Edison Road or from Eddy Street Commons to the developing business park to the east shall be permitted. The design and construction of any such pedestrian connections shall be subject to the approval of the Board of Public Works. The southern portion of Area 7 consists of a narrow, approximately 50' wide strip of land located south of the proposed extension of Napoleon Street and east of Duey Avenue. The southern portion of Area 7 may be used for: (i) tree preservation; (ii) storm water management structures and improvements; or, (iii) any other permitted use listed in the SF-2 Single Family and Two Family District of the South Bend Zoning Ordinance provided such permitted use is in compliance with the Development Standards of said SF-2 District. 8. Landscaping /Residential Bufferyards -General. Eddy Street Commons is designed according to a pedestrian friendly model that existed in small town, downtown settings of years gone by. The pattern of perimeter yard landscaping typical of many zoning ordinances is designed for a more suburban setting than envisioned for Eddy Street Commons. Therefore, the following landscape /residential bufferyard regulations shall apply within Eddy Street Commons: a. Area 1: (1) As the provision of typical "residential bufferyards" would be contrary to this overall design pattern and would result in a one-half block portion of the overall development being inconsistent in design with the remainder of the development, a residential bufferyard shall not be required between Area 1 and adjoining residential development to the south of Napoleon Street. (2) The western boundary of Area 1 (i.e., the area located west of the buildings which front onto the west side of Eddy Street) shall include screening of the parking /loading areas by the use of fencing, landscaping or a combination thereof. Subject to the approval of the IU Medical Center, a buffer of mature trees (10' minimum height at the time of planting) shall be installed at the west property line between Eddy Street Commons and the I1J Medical Center. b. Internal Bufferyards Not Required -Due to the mixed-use nature of uses in Eddy Street Commons and the potential for uses within the various areas to change from time to time, it is not be practical to provide residential bufferyards between the various internal portions of Eddy Street Commons. c. Parking Lot Landscaping -Interior Parking Lot Landscaping and Off-Street Parking Area Screening requirements of Section 21-07.01 (d) and (e) shall be applicable to the shared surface parking facilities of Area 3. d. Street Trees -Street Tree Plantings, consistent with Section 21-03.02 (b) (3) (A) d. and a small town, downtown setting shall be provided, subject to the approval of the Board of Public Works. e. Area 6 Buffering -The southern boundary of Area 6 shall include buffering, which may consist of one or more of the following: trees planted at building corners north of and along the private drives; trees or shrubs planted south of the private drives; or, a fence south of the private drives. 9. Off-Street Parking and Loading. The provision ofoff-street parking and off-street loading areas for Eddy Street Commons shall comply with the following regulations: a. Off-Street Parking. (1) Amount of Parking -Area 1, Area 2 and Area 3: The amount of parking to be provided in Area 1, Area 2 and Area 3 shall be not less than: 1,000 parking spaces provided in a parking structure; 150 parking spaces in surface parking located at the east end of Area 3; and, 40 parking spaces located west of the buildings in Area 1 located west of Eddy Street. See the attached Conceptual Off-Street Parking and Loading Plan. (2) Amount ofParking -Area 4. (a) Dwelling units located in Area 4 shall be provided with a minimum of one (1) off-street parking space per dwelling unit located in an attached grade level garage plus additional overflow parking provided in the shared surface parking in Area 3. (b) Office /Professional Service uses located in Area 4 shall be provided with off-street parking in the Shared Parking facilities located in Area 3. (3) Amount ofParking -Area 5 and Area 6: Each dwelling unit in Area 5 and Area 6 shall be provided with an attached two-car garage. (4) Amount ofParking -Area 7: As a common open space with strong pedestrian connectivity to all nearby residential area, no designated off-street parking shall be required. b. ~ Off-Street Loading. (1) Area 1: Off-street loading shall be provided in designated loading zones located behind the storefronts in Area 1. (2) Area 2 -Full Service Hotel: Not less than one (1) off-street loading space shall be provided and accessed from the service drive from Angela Boulevard / Edison Road between Area 1 and Area 2. The limited service hotel shall not be required to provide an off-street -loading space. (3) Areas 3 - 7: Off-street loading shall not be required for Area 3, Area 4, Area 5, Area 6 or Area 7. 10. Signs. a. Project Signs -Area 1. The permanent Project Signs (i.e., wall signs, projecting signs and suspended blade signs) regulated by this sub-Section 10., a., are those signs which refer to or identify Eddy Street Commons as a whole and do not provide information regarding any individual tenant or use within Eddy Street Commons. (1) Building Mounted Project Identification Signs. Due to the limited setback proposed for buildings in Area 1 in order to create a pedestrian oriented design, limited space is available for traditional free- standing, ground mounted identification signs. Therefore, unique building mounted identification signs are necessary to identify the overall Eddy Street Commons project. Such building mounted identification signs shall comply with the following regulations: (a) Type of Signs: Building Mounted Project Identification Signs maybe: (i) Wall Signs (Parapet Signs or Fascia Mounted Signs); (ii) Projecting Signs (Grand Marquee Signs or Blade Signs); (iii) Suspended Blade Signs (which may include pin-mounted letters attached above or below the suspended blade) located over major entryways into the building or to the parking garage; or, (iv) Banner Signs (Fascia Mounted Banners). ~~,' ~ r .I~~_ _~ .%~; - ' -0- ~ii I '~-i~.A trl~ '~. I~ I:.~ I f'e .-~ ~ Y / \,\ ; '1 ~ ~ PARAPET SIGN ~ p'f 5?Rf ~ -i i __ ` 4Vior , E~ _, FASCIA MOUNTED SIGN _ i 1~ ~~ - --~ ~ .ill ~ ~ O Ili BLADE SIGN GRAND h1AROUEE SIGN 4~ i I .- _ .-~ ._ ~.-_-._..._______._____..__...______.__.__. .1 li L.- 1 ' tCDY~~IAEE1CObl51DR~' ~ A'IAD7~Eb~lE"~~SL~~001 .~ k SUSP~NbE® SLAbE SIGN ~,^~_ ,` ~ .. ~{ ~ _ . Y i IF r (; .. I ~~ .. FASCUI MOUNTED BANNER SIGNS (b) Number of Signs: A maximum number of building mounted project identification signs shall be permitted as follows: (i) Wall Signs (Parapet Signs) or Projecting Signs (Grand Marquee Signs) - a combined maximum of four (4) total signs. (ii) Wall Signs (Fascia Mounted Signs) - a maximum of four (4) total signs. (iii) Projecting Signs (Blade Signs) - a maximum of four (4) total signs. (iv) Suspended Blade Signs (which may include pin-mounted letters attached above or below the suspended box) located over major. entryways into the building or to the parking garage - a maximum of four (4) total signs. (v) Banner Signs (Fascia Mounted Banners) -Banner Signs (Fascia Mounted Banners), either mounted flush against the building facade or prof ecting from the building walls shall be permitted in Area 1 along both sides of Eddy Street and along Angela Boulevard / Edison Road with a maximum of eight (8) signs per block face along Eddy Street and two (2) signs per block face along Angela Boulevard / Edison Road (grand total not to exceed twenty (20) total banner signs (fascia mounted banners)). (c) Size of Signs: (i) Wall Signs (Parapet Signs) -shall not exceed 40 sq. ft. (ii) Projecting Signs (Grand Marquee Signs) -shall not exceed 80 sq. ft. (iii) Wall Signs (Fascia Mounted Signs) -shall not exceed 12 sq. ft. (iv) Projecting Signs (Blade Signs} -shall not exceed 12 sq. ft. (v) Suspended Blade Signs (which may include pin-mounted letters attached above or below the suspended box) located over major entryways into the building or to the parking garage -shall not exceed 48 sq. ft. (vi) Banner Signs (Fascia Mounted Banners) -Maximum individual sign surface area for each wall mounted banner sign shall not exceed maximum dimensions of eight (8) feet in width or twenty- five (25) feet in height, provided, however, the following regulations are also complied with: Spacing -Banner Signs (Fascia Mounted Banners) may be distributed evenly across a building facade or may be combined into groups of two (2), three (3) or four (4) such signs located in an manner which complements the architectural elements and rhythm of a building facade; • Height -The lowest portion of any Banner Sign (Fascia Mounted Banner) shall be not less than eighteen (18) feet above grade; Configuration and Placement on Buildings -All Banner Signs (Fascia Mounted Banners) located on a building: shall be of the-same dimensions; and, shall be placed at the same relative height; and, Frequency of Change -Banner Signs (Fascia Mounted Banners) are intended to be seasonal in nature and maybe updated on a regular basis, not exceeding twelve (12) changes per calendar year. Content -Banner Signs (Fascia Mounted Banners) may: provide decoration to the streetscape; identify Eddy Street Commons; announce various special events or seasons to be celebrated at Eddy Street Commons, in the City of South Bend or at the University of Notre Dame; or, include the names and logos of sponsors or product images. (2) Street Light Pole Banners -Area 1. Banner Signs shall be permitted on street light poles located in the right-of--way of Eddy Street, Angela Boulevard / Edison Road and Napoleon Street, subject to the following regulations: (a) Street light pole banner signs shall be mounted to the light '~~ poles with upper and lower horizontal supports; (b) Maximum Individual Sign Surface Area -Individual street ~~ >, light pole banner signs shall not exceed the maximum ~-~ dimensions of three and one-half feet in width by eight " ~-- feet in height (3 %a ft. X 8 ft.); i '~ :`. ~~~ (c Confi ration and Placement on Street Li ht Poles -All SIGHT POLE ) ~ g BANNER SIGNS individual street light pole banner signs: (i) shall have a minimum height of not less than nine (9) feet above finished grade; (ii) shall be of the same dimensions; and, (iii) shall be placed at the same relative height and location on all street light poles; (d) Number -Each street light pole may contain two (2) banner signs oriented perpendicular a street. A street light pole located at an intersection of two (2) streets may contain up to four (4) banners, provided no more than two (2) banner signs maybe oriented perpendicular to any individual street; and, (e) Content -Street light pole banner signs may: provide decoration to the streetscape; identify Eddy Street Commons; announce various special events or seasons to be celebrated at Eddy Street Commons, in the City of South Bend or at the University of Notre Dame; or, include the names and logos of sponsors or product images. b. Individual Commercial Use or Multifamily Use Identification Signs -Area 1, Area 2, Area 3 and Area 4. Individual Identification Signs are those signs which identify an individual tenant, use or multifamily complex within Eddy Street Commons. (1) Area 1 -Building identification signs shall be permitted for all individual commercial uses and for multifamily uses located in a mixed-use building located in Area 1 as follows: (a) Type of Signs: Building identification signs maybe: (i) Wall Signs (Panel Signs, Pin-Mounted Signs or Painted Signs); (ii) Projecting Signs (Grand Blade Signs); (iii) Projecting Signs (Blade Signs); (iv) Awning Signs; (v) Canopy Signs (which may include pin-mounted letters attached above or below the canopy edge); (vi) Suspended Signs (Arcade Signs); (vii) Window Signs; or, (viii) Menu Box Wall Signs (restaurant uses only). (See graphics that follow for depictions of the various types of signs listed above.) SIGN TYPE EXAMPLES • Panel Sign mounted to the building fa,ade • Window Graphic • Metal letter pin-r^ovnted off the building farad>_ • Awning Sigrr- • Blade Sign SIGN TYPE EXAMPLES • Panel Sign meunfed to the facade wi'h iNegral lighting • .'fr+daw Graphics • Elade Sign • Metal letter pin-mcuNed aH the building fa;ade with Mlo lighting • Grarrd Blade Sign • V~findew Graphi6 • Metal letter, pin-mauNed • Pan-_I Sign m2v.~Ned fo • Freestanding Lefler standirr~ on mnapy af{ the building hcade the building Facade • 'ti'findaw Graphic • Awning Signs • `:frulaw Graphic • Arcade Signa3e • Merv E^_x ~ Tenant I I ~ Tenant 2 I I Tenant 3 I L TenaN 4 I I TenaN 5 I f Temnt 6 I Lemnt 7 I ~~-'r>>: BLADE SIGN, GRAND BLADE SIGN __ - ., '. F"itY CANGPY SIGN ARCADE SIGN LVINDOLVSIGN 1 1 f 1 s { MENU BOX EXAMPLES (b) Location of Signs. Signs may be placed at any location on the facade without regard to whether the sign is an "upper level sign" or a "lower level sign". (c) Number of Sigris. ruxi[s s~sx (i) Either one (1) Wall Sign (Panel Sign, Pin-Mounted Sign or Painted Sign) or one (1) Projecting Sign (Grand Blade Sign) per street, interior access drive or pedestrian way frontage of a tenant space, provided that any tenant space which contains over 10,000 sq. ft. of gross leaseable floor area on the same floor may qualify for one (1) additional sign per street frontage of the tenant space. (ii) Two (2) Projecting Signs (Blade Signs) per street frontage grade level entrance to a tenant space. (iii) One (1) Awning Sign per street frontage grade level storefront window. (iv) Either one (1) Awning Sign or one (1) Canopy Sign (which may include pin-mounted letters above or below the canopy) per street frontage grade level entrance to a tenant space. (v) One (1) Suspended Sign (Arcade Sign) per street frontage, grade level entrance to a tenant space. (vi) One~(1) Window Sign per street frontage grade level window panel or glazed entry door. (vii) One (1) Menu Box Wall Sign per street frontage grade level entrance to a restaurant tenant space. (d) Maximum Sign Surface Area. (i) Wall Sign (Panel Sign, Pin-Mounted Sign or Painted Sign) -shall not exceed 45 sq. ft. (ii) Projecting Sign (Grand Blade Sign) -shall not exceed 45 sq. ft. (iii) Projecting Sign (Blade Sign) -shall not exceed 10 sq. ft. (iv) Awning Sign -the surface area of an awning devoted to sign surface area shall not exceed 16 sq. ft. per awning. (v) Canopy Sign (which may include pin-mounted letters attached above or below the canopy edge) -the total sign surface area of a sign on or attached to a canopy shall not exceed 45 sq. ft. (vi) Suspended Sign (Arcade Sign) -shall not exceed 5 sq. ft. (vii) Window Sign -shall not exceed 25% of the total store front window area of the tenant space on which the sign is located. (viii) Menu Box Wall Sign -shall not exceed 6 sq. ft. (e) Multifamily uses within Area 1, when located in a mixed-use building, shall be permitted signs as an individual commercial tenant and will be permitted building identification signs, as regulated in sub-Sections (a), (b), (c) and (d) above, in proximity to each grade level entrance into the multifamily portion of a building. This provision shall not be construed to allow building identification signs for each individual dwelling unit, but rather to allow signs for the entirety of the dwelling units located within such mixed-use building. (f) Individual Commercial Use or Multifamily Use Identification Signs not specified above shall be regulated by Section 21-07.03 (e) (2) and Section 21-07.03 (e) (4)•of the Sign Regulations for On-Premise Signs: MU &CBD Districts. (2) Area 2, Area 3 or Area 4 -Building identification signs shall be permitted for all individual commercial uses and for multifamily uses located in a mixed-use building located in Area 2, Area 3 or Area 4 as regulated by Section 21-07.03 (e) (2) and Section 21-07.03 (e) (4) of the Sign Regulations for On-Premise Signs: MU &CBD Districts, except as provided below: (a) Encroachment over pubicrights-of--way for an Awning Sign, Canopy Sign or Marquee Sign shall be permitted subject to the approval of the Board of Public Works. (b) Multifamily uses within Area 4, when located in amixed-use building, shall be permitted signs as an individual commercial tenant and will be permitted building identification signs at each grade level entrance into the multifamily portion of a building. This provision shall not be construed to allow building identification signs for each individual dwelling unit, but rather to allow signs for the entirety of the dwelling units located within such mixed-use building. (3) Monument identification signs and building identification signs for multifamily dwelling buildings in Area 4 shall be permitted as set forth in Section 21-07.03 (c): On-Premise Signs: SF1, SF2, MF1 and MF2 Districts, except as provided below: Encroachment over pubic rights-of--way for an Awning Sign, Canopy Sign or Marquee Sign shall be permitted subject to the approval of the Board of Public Works. c. Identification Signs -Area 5, Area 6 and Area 7. Monument identification signs and building identification signs shall be permitted as set forth in Section 21-07.03 (c): On-Premise Signs: SF1, SF2, MFl and MF2 Districts. d. Incidental Signs. (1) Area 1. Incidental Signs for Area 1 shall be permitted incompliance with the regulations for incidental signs set forth in Section 21-07.03 (e) (3) On-Premise Signs: MU &CBD Districts of the South Bend Zoning Ordinance. (2) Area 2, Area 3 and Area 4. Incidental signs for Area 2, Area 3 and Area 4 shall be permitted in compliance with the regulations for incidental signs set forth in Section 21-07.03 (e) (3) On- Premise Signs: MU &CBD Districts of the South Bend Zoning Ordinance. (3) Area 5, Area 6 and Area 7. Incidental signs for Area 5, Area 6 and Area 7 shall be permitted in compliance with the regulations for incidental signs set forth in Section 21-07.03 (c) (4) (C) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the South Bend Zoning Ordinance. e. Directional /Promotional Signs. It is anticipated that Eddy Street will provide the main traffic flow into Eddy Street Commons and the majority of the retail and restaurant uses. In many ways, Eddy Street will function in much the same manner as the internal space of an enclosed shopping mall. The long-term viability of tenants within Eddy Street Commons will depend on their ability to be easily located and identified. To that end, a program of wayfinding signs similar to those typically found in indoor, shopping malls has been developed. The wayfindings sign program, includes: Arcus Advertising Kiosks; and, Pole Mounted Wayfinding Signs, both as regulated below: .:~:,. ~ SE Kf.7 ?on :<ME i :~.~. l I IE I . t:,:: ~: , ~:~. ~11SH ~, .. ; I :~ FOR ... (_ ~~ BOOKS. 1wI uv~ IrdN.~l' ~1 f. 7 ~p•1.4na ft,.efan 3ff ~S 5~5~^Ca+~~^ (1) Arcus Advertising Kiosks: ~~ +- +- ~j ~ 1 l /~~i (1~5 1 ~ SF WF7. Frni F6.vf.:.. ~ SE WF1. Sde flo-eiien (a) Location: Kiosks may be located within the public right-of--way along Eddy Street or Angela Boulevard / Edison Road. (b) Number: A maximum of six (6) kiosks shall be permitted. (c) Number of Sides: Kiosks may contain up to four (4) sides. (d) Maximum Sign Surface Area: Shall not exceed 24 sq. ft. per side. (2) Pole Mounted Wayfinding Signs: (a) Location: Pole Mounted Wayfinding Signs shall be located within the sidewalk area of the public right-of--way along Eddy Street, Angela Boulevard / Edison Road or Napoleon Street. (b) Number: A maximum of eight (8) Pole Mounted Wayfinding Signs shall be permitted. (c) Maximum Sign Surface Area: Shall not exceed 16 sq. ft. per side of each pole. (d) Minimum Height Above Grade: The lower edge of any Pole Mounted Wayfinding Sign shall maintain a minimum height above finished grade of not less than eight feet -six inches (8' - 6"). In the future, additional items such as street carts, newspaper boxes, benches, and bus shelters may be proposed. The details of any such directional or promotional items shall be subject to the filing of Secondary Approval as set forth in Section 21-OS (c) (5) of the South Bend Zoning Ordinance. f. Construction Signs. Due to the unique mixed-use nature of this project, construction sign requirements are different for this project than a standard development project. As such, over time, the needs for construction signs will change and evolve from the initial phase in which construction signs will addresses the entire project to subsequent phases where construction signs will become more traditional and oriented to individual portions of the development. (1) Initial Phase of Project Construction: (a) During the initial phase of project construction, the entire site shall be enclosed by a chain link construction fence. Attached to the chain link construction fence shall be a screened mesh fabric /wind screen. The screened mesh fabric will serve two purposed. First, the screened mesh fabric will provide a visual screen of the construction site from surrounding streets and properties. Second, the screened mesh fabric / wind screen may include a variety of information regarding Eddy Street Commons, including, but not limited to: (i) "Coming Soon" announcements; (ii) Contact and web-site information for project information and marketing; and, (iii) Directional information for maintenance of traffic patterns or for construction workers. (b) There shall be no limits on the size or number of such construction signs, provided that all such construction signs shall be fully contained with the height and area limits of the chain link construction fence. (2) Subsequent Phases of Project Construction: As initial portions of Eddy Street Commons are completed, the perimeter mesh fabric /wind screen will beremoved /relocated. Upon removal of the mesh fabric /wind screen from a street frontage in Area 1, Area 4, Area 5 or Area 6, the following construction /sales /leasing signs shall be permitted per block face: (a) Type of Signs: Ground, pylon or pole signs shall be permitted; (b) Number of Signs: One (1) sign per block face; (c) Maximum Sign Surface Area: sixty-four (64) square feet per sign face; (d) Minimum Front, Side or Rear Yard Setbacks: (i) Front Yard Setback: zero (0) feet from the right-of--way, but shall not encroach within a public right-of--way. (ii) Side or Rear Yard Setback: ten (10) feet. (e) Maximum Height: The maximum height of a sign shall not exceed twenty (20) feet above grade. g. Additional Regulations: (1) Awnings and Canopies: In addition to the regulations above, Awnings and Canopies shall maintain a minimum height of not less than eight feet -six inches (8' - 6") above finished grade. (2) Projecting Signs (Grand Blade Signs): In addition to the regulations above, Projecting Signs (Grand Blade Signs) shall maintain a minimum height of not less than nine (9) feet above finished grade and shall not project above the roof line. (3) Projecting Signs (Blade Signs): In addition to the regulations above, Projecting Signs (Blade Signs) shall maintain a minimum height of not less than ten (10) feet above finished grade. (4) Suspended Sign (Arcade Sign) - In addition to the regulations above, Suspended Signs (Arcade Signs) shall maintain a minimum height of not less than eight feet - six inches (8' - 6") above finished grade. (5) Maximum Projection from Buildings -The maximum projection from a building for any awning, canopy, projecting sign or suspended sign shall not exceed eight (8) feet from or beyond its supporting building and shall not project beyond any walkway adjacent to the building. (6) Signs over Public Rights-of--Way -Encroachment over pubic rights-of--way for any Sign or structure permitted by these regulations shall be permitted subject to the approval of the Board of Public Works. Once approved by the Board of Public Works, a sign face maybe changed and maintenance may be performed on the structure provided that there is no change to the size, location or extent of encroachment into the public right-of--way. h. Exempt Signs: The following signs shall be considered exempt from regulation under this Eddy Street Commons PUD: (1) Parking or Informational Signs (freestanding or wall mounted) not exceeding 2 sq. ft. in area, or 2.5 sq. ft. if providing information regarding handicapped parking or handicapped access. (2) Address wall signs not exceeding 4 sq. $. iri area each. (3) Window Signs, announcing either whether a business is "open" or "closed", or announcing daily specials, not exceeding 4 sq. ft. in area each. (4) Walls Signs (Fascia Mounted Signs) located at secondary (side or back) entrances to tenant spaces or individual uses, not exceeding 4 sq. ft. in area each. (5) Keystone (property owner name) wall signs, a maximum of eight (8) such signs, not exceeding 4 sq. ft. in area each. (6) Window Signs, identifying Property Management locations may be placed at a maximum rate of one (1) Window Sign per window or one (1) Window Sign per glazed entry door, not exceeding 4 sq. ft. in area for any window or door. 4~ S Tel, ~~ Go r~ r~ Q,~,~ .~'~ KOTRE n.aau: GPEN t'0!:~'1;IO 8 RI?-5 PU T1UFS-SRT I2 F';i~Z P PFDNI: Y.XX.XX.X.YY.XX ~01;'l:ED AIiD h:A'2iC,ID BY:. ~v©~ ntl+LTY GnOU? v sf ..c_, ~w~4.~.- PttOPERYY h1ANAGEMEN7 YtlNDOW SIGNS 7 4 .r_ (7) Any "code required" sign (e.g., "mechanical", "stairs", "restroom" and the like). (8) Window Graphics which are purely decorative in nature and provide no text, logo or other form of communication which can be used as a form of project identification or tenant identification. ~ AI WG~ 11. Traffic. The following briefly describes the existing and proposed methods of handling traffic to and from Eddy Street Commons: a. Existing -Angela Boulevard / Edison Road will provide primary east -west access into Eddy Street Commons. Eddy Street will provide primary north -south movement through Eddy Street Commons. SR 23 /South Bend Avenue will provide primary access to Eddy Street Commons from downtown South Bend via Eddy Street. b. Proposed - As part of the development of Eddy Street Commons, the following transportation links are proposed: (1) The extension of Napoleon Street as a public street east from Eddy Street to SR 23 /South Bend Avenue. (2) The extension of Duey Street as a public street north to Edison Road. (3) The development of a private interior access drive in alignment with Burns Street to serve as an extension of Burns Street into Eddy Street Commons and the Area 3 -Shared Parking facilities. (4) Primary access into the Area 3 -Shared Parking facilities shall be from Eddy Street. Secondary access points to the shared parking facilities shall be developed from Angela Boulevard / Edison Road, Napoleon Street and the interior access drive extension of Burns Street. (5) The main route for delivery and service vehicles shall be via an interior access drive between Area 1-Retail /Office /Multifamily and Area 2 -Hotels / Conference Center. (6) All recommendations of the Troyer Group's Traffic Impact Study dated July 12, 2007 shall be incorporated into the final plans for Eddy Street Commons and shall be constructed. c. Pedestrian Connectivity -Pedestrian access to all portions of Eddy Street Commons is a high priority for the overall development pattern. As such, sidewalks and pedestrian connectivity will be provided along all streets and to all residential or commercial uses within Eddy Street Commons. d. Bicycle Access -Eddy Street Commons shall be developed with attention to bicycle access and parking facilities including the following: (1) Bike lanes shall be installed along Napoleon Street between Eddy Street and SR 23. (2) A bike path shall be installed in Area 7 (near the east edge of Eddy Street Commons) to connect the bike lanes along Napoleon Street to Edison Road. (3) Bike racks shall be installed along Eddy Street. (4) A bike cage for bicycle commuter parking shall be installed in the parking garage. 12. Utilities. Petitioner anticipates working with the City of South Bend and other applicable utility service providers to provide all necessary public infrastructure to serve Eddy Street Commons, including but not limited to: water; sewer; storm drainage; electric; gas; and, communications. Except for required pedestals and service connections, all new utility lines to serve Eddy Street Commons shall be installed underground. 13. Right-of--Way Use /Improvements. Due to the high level of pedestrian traffic anticipated in Eddy Street Commons, special care shall be taken, in cooperation with the Board of Public Works, to develop a program of right-of--way use /improvements, including but not limited to: a. providing locations for street vendors which do not interfere with the smooth flow of pedestrians; b. to the extent possible, plan for or install infrastructure necessary to support street vendors, such as electrical outlets, water connections /hose bibs, etc., as part of the Eddy Street reconstruction; c. provisions in commercial lease documents for regular cleaning of sidewalk areas by any use which may include outdoor operations; d. standardized street furnishings, including but not limited to benches and newspaper boxes; or, e. kiosks, which may include: directory information signs; sponsor or promotional information signs; or, walk-up service units such as ATM's or vending machines. 14. Open Space. Open space shall be pravided throughout Eddy Street Commons in the following manner: a. Elevated courtyards may be provided for the use and enjoyment of the multifamily dwellings in Area 1. b. The commercial portions of Eddy Street Commons will be designed to be pedestrian oriented. As such, the sidewalks and pedestrian ways that will provide connections throughout the development will serve as plazas or open space amenities for the commercial development. Street trees or planters, subject to the approval of the Board of Public Works, will be included along all streets within Eddy Street Commons. c. The open space provided in Area 7 provides a buffer and amenity area for the residential developments the may occur in Area 4 and those proposed for Area 5 and Area 6. d. Pedestrian connectivity will be provided along all streets and to all residential or commercial uses within Eddy Street Commons and to the open space of Area 7. The system of sidewalks or trails to be constructed within Eddy Street Commons shall be extended to the east boundary of Area 7 along the south. side of Angela Boulevard / Edison Road and along the north side of Napoleon Street to allow for future connections to the planned sidewalks or trails to be developed along or within the proposed business park to the east of Area 7 and to SR 23 /South Bend Avenue. e. A pocket park, occupying a minimum or 5,000 sq. ft. in area, shall be located within Eddy Street Commons. f. The wooded ravine area east of Area 7 shall remain in a natural state, subject to the approval of the University of Notre Dame Board of Trustees and the Department of Public Works for the City of South Bend. g. The animals living in the existing wooded area shall be captured, relocated and released for a period of not less than two (2) weeks prior to the removal of any trees. If animals migrate from the existing wooded area into adjoining residential neighborhoods within sixty (60} days after the completion of tree removal, said animals shall be humanely captured, relocated to a safe location, and released. The cost of such animal capture, relocation and release shall be covered by Kite Realty Group. 15. Business Collaboration a. Eddy Street Commons, specifically the two hotel concepts, will collaborate and cross sell with the existing hotels in both downtown and in other parts of South Bend in an effort to expand the existing hospitality market. All components of the project will work to create an environment to benefit businesses within the City of South Bend as a whole and continue economic development throughout the community. 16. Green Principals a. Site and Building Design and Construction (1) Create new vegetated infiltration basin (.5 acre) adjacent to the exiting ravine located in Area 7. Utilize native Plant materials around basin. (2) Preserve 6.5 acre vegetated infiltration ravine. (3) Incorporate infiltration planters alongside buildings and as sidewalk furniture. (4) Plant over 220 new trees as well as additional shrubs, groundcover and turf in streetright-of--ways (subject to City approval) and parking lots to lower ground temperature. (5) Provide three Green Roof Gardens as part of the mixed use buildings and one green roof garden on the full service hotel. (6) Incorporate native prairie plants and drip irrigation to reduce maintenance and water usage. b. Building Operation of Retail, Office and Common Areas (1) Endeavor to use environmentally friendly, or USG BC preferred cleaning products (2) Integrate organic herbicides and fertilizes into ongoing landscaping maintenance activities (3) Endeavor to utilize low-energy florescent light (4) Endeavor to utilize motion sensors for light fixtures in office areas (5) Endeavor. to utilize photocells to control exterior light fixtures where possible (6) Endeavor to develop and implement a recycling program for all commercial uses in the development (7) Utilize non-CFC based refrigerants in all central base building mechanical systems (8) Utilize battery-powered transportation equipment where possible for maintenance and building management staff to travel in and around the site (9) Endeavor to enforce non-smoking provisions within the building and to limit smoking to distances greater than 25 feet from any entryway (10) Conduct annual on-site environmental compliance inspections of each tenant space (11) Develop tenant construction standard to incorporate LEED standards where appropriate and applicable c. Miscellaneous (1) Accessible to public transportation. (2) Installation of bike routes and bike paths. 17. Temporary Uses. Due to the number of different land uses and the number of various construction contractors that will be working in the various portions of Eddy Street Commons at the same time, it will be necessary to provide for information /sales /leasing trailers or construction trailers as permitted Temporary Uses as generally provided for in Section 21-02.11: General Regulations for Residential Districts and Section 21-03.11: General Regulations for Commercial /Mixed Use Districts. The final location of all such information /sales /leasing trailers or construction trailers shall be subject to the approval of the Executive Director. Such information /sales / leasing trailers or construction trailers shall be permitted during the entire construction period. 18. General. Certain Sections of the South Bend Zoning Ordinance, which are in effect as of the date of adoption of this Eddy Street Commons PUD Ordinance, have been specifically noted in the text above as providing regulations for the Eddy Street Commons PUD. In addition, the following provisions of the South Bend Zoning Ordinance which are in effect as of the date of adoption of this Eddy Street Commons PUD Ordinance and which may not have been specifically noted in the text above, shall also apply to development within Eddy Street Commons: a. Section 21-01.01 (k): Subdivision of Land; b. Section 21-01.01 (s): Exemptions for Transportation, Communication and Utility Lines; c. Section 21-01.01 (t): Clear Sight Area Requirements; d. Section 21-01.01 (u): Requirements for All Private Streets and Private Alleys; e. Section 21-01.01 (v): Exemption for Anti-Terrorism Devices and Portable Towers. f. Section 21-02.11: General Regulations for Residential Districts shall be applicable to all residential or dwelling uses within Eddy Street Commons; g. Section 21-03.11: General Regulations for Commercial /Mixed Use Districts shall be applicable to all commercial uses within Eddy Street Commons; h. Sections 21-07.01 (d), 21-07.01 (e), 21-07.01 (f), 21-07.01 (g) and 21-07.01 (h): Landscape Regulations; Section 21-07.03 (c): On-Premise Signs: SF1, SF2, MF1 and MF2 Districts; j. Section 21-07.03 (e): On-Premise Signs: MU and CBD Districts; k. Section 21-08.01: Special Regulations for Wireless Telecommunications Facilities applicable~to surface-mounted orroof-mounted applications of telecommunication antenna on existing buildings or structures (the construction of new, freestanding telecommunication towers shall be prohibited within Eddy Street Commons; 1. Section 21-08.02: Special Regulations for Controlled Uses; m. Section 21-08.03: Special Regulations for Residential Facilities for the Mentally Ill; and, n. Section 21-11.2: Definitions. The terms or words used in the text of this Preliminary Plan shall have the meanings set forth in Section 21-11.02: Definitions of the South Bend Zoning Ordinance, unless a contrary meaning is: (i) required by the context of a particular sentence or phrase; or, (ii) specifically prescribed in a particular sentence or phrase. 19. Architectural Review Board. An Architectural Review Board ("ARB") comprised of three members, one appointed by Kite Realty Group, one appointed by the University of Notre Dame, and one appointed by the City of South Bend Common Council, shall be established for Eddy Street Commons. The ARB shall review plans for all initial building construction for consistency and compatibility with the architectural themes and character established for Eddy Street Commons. All plans filed for initial development within Eddy Street Comments shall include the written approval of the ARB. The Master Plan Concept Book filed with the Area Plan Commission, although not part of this PUD Ordinance, provides representations as to the quality and nature of the proposed development. The architecture of the project will maintain it's general style, quality and integrity of design from information presented to the Council to date. 20. Administration. a. Parcel by Parcel Determination of Permitted Uses and Development Standards. (1) Similar and Comparable Uses - It is recognized that the permitted use provisions of this Preliminary Plan may require interpretation to assign all permitted land uses to the appropriate Areas. Therefore, any land use which is not specifically set forth in this Preliminary Plan shall be reviewed by the Executive Director for consistency with the intent set forth for each Area and for compatibility with land use characteristics typical of land uses permitted within those Areas. The Executive Director shall then determine if the proposed use is appropriate for the Area in question. (2) Uses Not Specified - If it is determined by the Executive Director that a particular use is not permitted in any Area provided for in this Preliminary Plan, then such use shall be deemed to require a new petition for zone map change. (3) Uses From Other Areas -The Area Plan Commission may authorize additional uses within an individual Area other than those specifically designated for such Area, provided that the use requested is a use which is permitted in another Area of Eddy Street Commons. (4) Appeal of Executive Director Determination of Permitted_Uses -Any determination by the Executive Director maybe appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision or determination. The procedures for such an appeal shall be as set forth in Section 21-OS (h) (1) of the South Bend Zoning Ordinance. b. Alternate Development Standards. In order to encourage innovative building and site designs capable of enhancing the quality of the Eddy Street Commons built environment, an applicant may propose alternate development standards for: yards and building setbacks; use of minimum yards and residential bufferyards; maximum building height; maximum gross floor area; parking; loading; outdoor operations; architecture; landscaping; lighting; or, signs, subject to approval by the Area Plan Commission. Application for such alternate development standards shall be in the form of a Secondary Approval referred to the Area Plan Commission for determination. Final Site Plan Submittal Process (Secondary Approval). Final Site Plan submissions or Secondary Approvals shall be filed in compliance with the provision of Section 21-OS (c) (5) of the South Bend Zoning Ordinance. Land Use Legend __ ~ .__ ~ ~_ -- Angela Blvd! Edison Rd ._,..__ '_:- 1 .AREA 2 ~ ~,--..~.- ! ~ I AREA 1 ~ r ~ ~ ~ 1` AREA 5~~ I ~ AREA 3~ •I I ~~ 6 ~ ~ _ f~ ~ ~ ~ -~ ~ AREA 4 ~' ~- - - ~ _.. w _. - ~ ~ lTap~oTeon St ~' ~~ I _ 1 -.-+ L AREA 6 ~ 'tea ~ w m ~~ d m 1~ ~ rm , .c e ;~ ., L ;~ ~ ~; m'. ~~ St.:VincentSt ___~' ii ~ ~ ~ '~ _i' << ~ ~ ~~~, ~'~,~® ~~~~ ~,.`~' 5 Howard Sty ~ ~Lr1~.,.ehCt;,~ r~ ~,` --- 7.tE ; LTI f wn~J Lr~ __.. ...- ---- F~4i5 C. TYHC?f.~FS i'Qi1R1YARb tl7`~YPJ hf :=T~,Jji$ Area 1: Retail ! Gfr"ice !Multifamily Areal: Hotels! Conference Center Area3: Shared Parking Area4: Office t Residential Flats Areas: CityHomes Area6: GourLyardTownhomes Area 7: Cpen Space ! SF-2 PRELIIVIINAt~Y PLAN IIlIAP Eddy Street commons PUD Revised: May 24, 2007 C N W O w Shared Shared Parking Surface structure Parking Conceptual (Jff-Street Parking and Loading Plan _ll i ~1 v ~~~ (~~t11~~, S`"I~~~ CITY OF SOUTI-I BEND STEPHEN J. LUECKE, MAYOR OFFICE OF THE MAYOR July ~, 2009 South Bend Conunon Council 227 W. Jefferson Blvd., 4~' Floor Soutla Bend, IN 46601 . To members of the South Bend_Common Council:.:.. . . ~ ~~,:From June 16 through 20,. the. City of South Bend was represented in the 60~' annual All-America . :: ~ ~Ciry corripetition in Tampa, Fla., by a delegation of 1$~coinrriiinity residents, civic leaders~and City . . ~ officials. The expenses incurred as part of South Bend's.All=America City bid were underwritten ~:; .:through direct and in-kind contributions by South Berid area businesses. Beginning with•a challenge . :.. ?grant of $.17,500. frorri~an anonymous contributor, a volunteer task force led by Ron..Coheri was able ~ . . .. ~. to receive an additional $20,500 in pledges for contributions as well as more than $7;500 in in-kind . ~ contributions. This resolution.appropriates those resources to cover expenses incurred in the All-America City bid. ~ . with additional resources being available for use in promotion of the Gity_. While all our expenses have not been finalized, we clearly have sufficient private resources to cover the costs of our effort. We are proud that not a single tax dollar will be used to support expenses: associated with the All- . America City competition. ~ ~ ~ . White South Bend did not come home tivith the top honor, this experience demonstrates that our community is proud of its distinctive amenities, and the private sector is willing to mobilize resources to support recognition of our collaborative civic achievements. Your considered action on this ordinance is requested. Tom Price 9 2009 Assistant to the R~ayor ~~L ~ . ,~}~~vCj~~DFt~Q YBUILDING • Z27 W. JEFFERSON BOULEVARD+ SOUTH BEND, INDIANA 4GGO1 ct.~{ GR~~K,~~~~'~ PHCINE 574/235-9261 • FAx 574/235-9892 • TDD. 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COIVIlbION COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING 53,000 FROlO~I GENERAL FUND (#101) FOR EXPENSES OF SOUTH BEND'S °'ALL Al0'IERICAN CITY" BID STATEMENT OF PURPOSE AND INTENT The City of South Bend was a finalist in the 2009 competition for .All American City: To promote South Bend's qualifications as an All American City, certain expenditures were required including travel to and from the competition site by City officials and by a private citizen and business delegation, and the preparation of video and other promotional exhibits. South Bend received pledges of donations-fiom the private sector including many local businesses and an anonymous grant of $17,500 to cover all expenses. This ordinance appropriates funds necessary to pay the expenditure. of the City's All American. City bid, with any donated funds remaining after expenses to be used for City of South Bend promotional purposes. NOW, 'THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII-, OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of Thirty-Eight Thousand Dollars ($38,000.00) is hereby set aside and appropriated within General Fund (#101) to pay expenses of South Bend's 2009 bid as an All American City with any monies remaining from private donations to be used for City of South Bend promotion. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council.and approval by the Mayor. ~-~ ~ . ~J ~ I~ i~-~' Member of the Common ~o~uncil Attest: S!'~Ri?~~ L1~ E °+s ~ifi !~ggCE`i~i li~.,~ 5~:p3~;'~CE ~~"f ~~aa f Lcac~~a~'~ ~'~i~oi ~ 7 ~~:~~~~t 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 at o'clock, .m. day of 2 , c1 T sf RgAD{FIG ~ ~ i 3A 1 RUBL{C HEARING 3 rd READENG NOT APFROVE~ REFERRED pASSEI] Mayor, City of South Bend, rndiana Jll~ ®S 2009 JE~i~!t1 v~p~QE !?,1~. riTY CL~~~~s __ L~~~~, ~EE~~Ev a~C6 ~S~Q~I~.T`~, lR~. LAND SURVEYING -CONSTRUCTION ENGINEERING {~ 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPO-LONE 574/233-1 X41 • FACSIMILE 574/674-0374 INDOT PREQUALIFIED: 5.4 ECOLOGICAL SURVEYS 5.5 WETLAND MITIGATION 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, LS. SUB-DIVISIONS BOUNDARY SURVEYS CONSTRUCTION SURVEYS PUBLIC WORKS PREQUALIFIED July 3, 2009 City of South Bend Common Council Room 455 County-City Building South Bend, Indiana 46601 ~ ~~ tl ~~. S2-~~ Re: Vacation Petition - A portion of Summertime Lane To 1 he Common Council, The petitioner, Hidden Creek, LLC, wishes to re-route the entrance of Hidden Creek subdivision. In order to achieve this we are requesting aright-of--way vacation of Summertime Lane from Jackson Road to Hidden Creek Drive for a distance of 272.59 feet and a width of 50 feet and being a part of Hidden Creek Section 1. If there are any questions regarding this matter, please feel free to contact our office. Si ely,/~ 1 !E ~. P ~>F,rN T'~C~~ ~,~-~ a• l h~f~ACr1~ J~1"iN'dL~C~3Gi» ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS SUMMERTIME LANE FROM JACKSON ROAD TO HIDDEN CREEK DRIVE FOR A DISTANCE OF 272.59 FEET AND A WIDTH OF 50 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 properly. 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: -The street to be vacated is Summertime Lane from Jackson Road to Hidden Creek Drive for a distance of 272.59 feet and a width of 50 feet. Being a part of Hidden Creek Section 1 within the City of South Bend, St. Joseph County, Indiana Hereby determines that it is desirable to vacate said property. SECTION I1. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 1 and 71 as shown on the recorded plat of Hidden Creek Section 1 subdivision SECTION IV. The purpose of the vacation of the real property is to relocate this entrance to Hidden Creek Section 1 so that it doesn't interfere with the Phillips Ditch. 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 C uncil Attest: City Clerk ~ ff'~T*r2jM ~.fl ~D ew. ., n ~ t '1 f ~•r l .Y,,u ~ (t -~'~ E bL. i.J i. ~+xi•„ 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. t S~ 1tgAbt~G ~ - t ~ -~ ~, PUBS{C HEARWG •3 id READING NOT APPROVED REfERRE[D PASSF,~ Mayor, City of South Bend, Indiana r~ -- ~~ 2rC9 ~_ r. ~:. CITY CtEi's ^n~e-6':il, !`'{• - PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEY) TO THE GOIVINION COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE). THE UNDERSIGNED PROPERTY OV~NER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: NONE B. THE STREET DESCRIBED AS: The street to be vacated is Summertime Lane from Jackson Road to Hidden Creek Drive for a distance of 272.59 feet and a width of 50 feet. Being a part of Hidden Creek Section 1 within the City of South Bend, St. Joseph County, Indiana. NAME (signed & printed) ADDRESS LOT # _~~ . Hidden Cre C PO Box 8195 Hidden Creek Sec. 1 By Pete T ddeo South Bend, In. 46660 Lot 1 and 71 Contact Person: Lang, Feeney & Associates, Inc. Terence D. Lang 715 South I'~ichigan Street South Bend, Indiana 46501 574-235-9221 ~tl~d ~~ C~~~'~a'3 'a~~~~' JUL - $ Property owners within a 300' radius. 23-1014-0303, 030302, 030322 Hidden Creek, LLC (Petitioner) PO Box 8195 South Bend, Indiana 46606 23-1014-030319 Joshua ~ Jenniger Runnels 717 Hidden Creek Drive South Bend, Indiana 46614 23-101.4-030320 Cecilio & Tabitha Harrison 706 Hidden Creek Drive South Bnd, Indiana 46614 23-1014-030321 Racquet Erickson 4910 York Road South Band, Indiana 46614 01-1017-033802,01-1029-0664,0668 Donald ~ Dixie Elmrick 20264 Jackson Road South Bend, Indiana 46614 ~+ .~..,~ ~~1Ia'~ Y~'11~f7~G ~ ~, ~~~~'~ ~ ,. ~ `~ ~~rs ~ ~~~~~ o~ so JUL , ~ ~ o~ a1~~eo~`~~ti t 0303.14 1E~. Q1a+~'~~~Q s ~~~~ R. ~~' ' ~~N , 51 ~~ 0303 t 0303.15 ~I ° 1 `~ 52 > I 0303.16 62 o ~ 0303.21 ZI ~ 53 55 \ z I 0303.17 0303.19 \\ J, G °;1 56 0303.20 AS ~ / \~~~! / ~ 54 0303.18 _ ~ - - - , HIDDEN CREEK DR,Nc-~E (50 I t~o5~~~ 5o555n ~PS~~ 0303.05 0303.04 I 0303.03 ~ ~ I s i I / I ~~/ 5 1 GARNET DRNE 1 j / ' ~ ~~ .;:: ~ 0303.22 }.. p. 23-1014 ..; ~ =::~:~.. PETIT RETENTION AREA BASIN 2 °: `'. :•:::-S':::•::. 1 0303.02 L-- .- .- - ::~`:~:~:~ PHIWPS DITCH ... ... /~ t" = 100' RETENTION BASIN 3 1 - - JACKSQN ROAD (80' R/~4) --- -- -T -r- _i 01-1017 I of-1oz9 i I ~ I ~ I a ~ 0338.02 38 I 37 ~0~'S 4, I 0664 S D~2~PPT'~ ~ I ~~go~~ I 0668 I 1 I , i THE STREET TO BE VACATED 15 SUMMERTIME LANE FROM JACKSON ROAD TO HIDDEN CREEK DRIVE FOR A DISTANCE OF 272.59 FEET AND A WIDTH OF 50 FEET. BEING A PART OF HIDDEN CREEK SECTION 1 WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ~c~l ~0• U`(-SL 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 FOIE THE PROPERTY LOCATED AT 527'/ RIVERSIDE DRIVE WHEREAS, Indiana Code Section 36-7-4-918.6, requires 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 I.C. 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: 527 '/z Riverside Drive in order to permit a special exception to allow an accessory dwelling in a "SF2" 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 fmds 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 therehz; 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). SECTIOl®T 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. SECTIOl~T V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council / ~S (' e ! g S^~ ~~ 41`~r:: N a,~~ itie3 a;=.9 i:: F.lf icy 1~J ~<f';. Q~~ILEYLi~i:j~ ~r'~ ~}t~.z<i'tc*~.., tt~:ruis.i~ FRE~EFITED ~~~'~~ \ R4AY 1 4 2Q49 J~?Yf~ t~~GRv~ ~B~1FT~ BOARD OF ZOl®lIl~1G APPEALS ®F THE CITY OF SOUTH BE1~1D, II~DIAI~A Thursday, June 18, 2009 4th Floor, Council Chambers 3:00 p.m. County-City Building AGEl~DA 1. The petition Timothy Tharb and Harold Geyer seeking a variance from the required 25' front yard setback to 14' 8", on property located at 1320 Fassnacht Street. This property is zoned "SF2". 2. The petition of Susan J. Kessler seeking a variance from the 30' lot width to 0', on property located at 508 and 508 '/z W. Washington Street. This property is zoned "MU" Mixed Use. 3. The petition of Misty Hiatt d/b/a Foundations Childcare seeking a variance from the maximum allowable 3' height for a fence to 6', on property located north and adjacent to 110 N. Main Street. This property is zoned "C" Commercial. 4. The petition of KRG Eddy Street Commons, LLC seeking a variance from the required bail out lane to no bail out lane and from the required 5 stacking spaces per lane to a total of 8 stacking spaces, on property located at 1233 Eddy Street. This property is zoned "PUD". 5. The petition of Lynn Patrick, Historic Edgewater and Art Works Sign Co. seeking a variance from the maximum~allowable 8' high monument sign to allow an 18' high freestanding sign, on property located at 717 Lincolnway East. This property is zoned "MU" Mixed Use. 6. The petition of Memorial Hospital of South Bend, Inc. seeking the following variances: from the maximum allowable 3 freestanding identification signs to 6 freestanding identification signs; and from the required 100' separation between signs to 50' from the main entrance sign for the loading dock sign, to 80' from the main entrance sign and to 90' -from the main entrance sign, on property located at 615 S. Michigan Street. This property is zoned "CBD" Central Business District. 7. The petition of Larry Schohl seeking a Special Exception to allow an accessory dwelling in a "SF2" District, on property located at 527 % Riverside Drive. This property is zoned "SF2". OTHER BUSII®TESS: BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PE`s 2 ~ 1017 APPLICANT'S NAME Larrv Schohl ADDRESS 527 Riverside Drive South Bend, IN 46601 PHONE 574-287-9245 ADDRESS OF PROPERTY 527 1~ Riverside Drive South Bend, IN 46601 PRESENT ZONING OF PROPERTY "SF2" OWNER'S NAME Larrv and Sandra Schohl ADDRESS 527 Riverside Drive South Bend, IN 46601 PHONE. 574-287-9245 COUNSEL OR CONSULTANT SELF PHONE ADDRESS 527 Riverside Drive NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: 574-287-9245 Special exception to allow an accessory dwelling in "SF2" district to be used as a rental property again. The small house has been on the roperty for over sixty years and was always used as a quest house or income property. I have lived in the front house for over twenty-five years and rented the house the back house at times. I have not rented the house for the past two years and had the gas shut off. I have worked on the interior, had a new roof installed and siding. I would like to make more improvements to the property if it can be rented. I have alwavs been cautious who I rent to because I only live fifty foot awa . I attest under the penalties for perjury, that the foregoing representations are true. ture of Property Owner(s) BOARD OIt' ~0192I1~TG APPEALS OF TIDE CITY OF SOUTH BEl~tD, II~DIAI~lA STA1~T~-11~DS FOIL SPECIAL EXCEPTIOI~TS ALL PAPEIZWO IS TO SE FILED BY I@TOOI~ OF TIIE FILII~IG DEADLINE When applying for a Special Exception the Standards below must be addressed and ineor~arated in the written statement or petition. STAla1DAIaDS FOIa SPECIAL E~CEPTIOl~TS I.C. 36-7-4-918.4 as listed below: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; the home is located behind my house and has been used as a guest house and rental unit for over 25 years. There has never been problems far the neighbors. ii. The purposed use will not injure or adversely affect the use of the adjacent area or property values therein; I have always been cautious who uses the house and that is why it can go unrented for long periods of time. iii. The purposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and the house would be used once in a while as a rental unit or a guest house. iv. The purposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The house helps provide a clean rental unit and Iceeps surrounding property values up because the house is always maintained. Rec `3 PARCELID NAME 1 TAXMAILADD TAXi~1A1LCIT 1 018-1006-0209 SCHOHL LARRY C AND SANDRA G 527-52 7 1/2 RIVERSIDE DR SOUTH BEND IN 46601 2 018-1006-0208 LAWSON BILL J ~ BEVERLY J 533 E RIVERSIDE DRIVE SOUTH BEND IN 46601 3 018-1006-0210 SIMONS CHRISTOPHER LEE & JUNE C 55833 BREDEN RISE LN MISHAWAKA IN 46545 4 018-1007-0262 M ANDERSON LLC 1224 E WAYNE N SOUTH BEND IN 46615 5 018-1004-0155 MILTON HEALTH CARE PROPERTIES LLC `PRO 2201 W MAIN ST EVANSTON IL 60202 6 018-1006-0230 SCHOHLCHARLES W. AND DOROTHY E. 507 RIVERSIDE DR. SOUTH BEND IN 46601 7 018-1006-0221 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601 8 D18-1006-023201 LASALVIA RICHARD J & DEBORAH L 221 E MARION SOUTH BEND IN 46601 9 018-1006-0229 MALONEY DANIEL C 511 RIVERSIDE DR SOUTH BEND IN 46601 10 018-1006-0219 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601 11 018-1006-0231 SCHOHLCHARLES W. AND DOROTHY 507 RIVERSIDE DR. SOUTH BEND IN 46601 1 2 018-1006-0222 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601 1 3 018-5022-0762 MADISON CENTER lNC 403 E MADISON SOUTH BEND iN 46617 1 4 018-1006-0237 MACSWAIN RYAN 623 WOODSIDE WAY REDWOOD CITY CA 94062 151018-1006-0225 16 018-1006-0224 17 018-1006-0220 18 018-1006-0218 19 018-1006-0217 018-1006-0228 STEINKRAUS MELISSA R SULLIVAN PATRICK FORSYTHE EUGENE ~FORSYTHE EUGENE FORSYTHE EUGENE MAGNUSON C WESLEY ~ LINDA KAY 512 N ST JOSEPH ST 516 N ST JOSEPH ST 216 E NAVARRE X216 E NAVARRE 216 E NAVARRE 1331 CHIMES BL SOUTH BEND IN 46601 SOUTH BEND IN 46601 SOUTH BEND IN 46601 SOUTH BEND IN 46601 SOUTH BEND IN 46601 SOUTH BEND IN 46615 21 0 18-1006-0223 RODRIGUEZ RAMIRO & ROUSSEAU LAURIE S 5 20 N ST JOSEPH ST SOUTH BEND IN 46601 22 0 18-1006-0227 SCHOHL LARRY C i~ SANDRA G 527 RIVERSIDE DR SOUTH BEND IN 46601 23 018-1006-0212 RAJPARI N ROGER 52432 COURIER CT SOUTH BEND IN 46635 24 018-1006-0211 RODRIGUEZ RAMIRO & ROUSSEAU LAURIE 520 N ST JOSEPH STREET SOUTH BEND IN 46601 25 018-1006-0213 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601 26 018-1006-0214 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601 27 018-1006-0215 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND 1N 46601 28 01.8-1006-0216 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601 29 018-1007-0283 MORAN LAURA M 605 E RIVERSIDE DR SOUTH BEND IN 46601 30 018-1006-0207 HEGEDUS MARIA M 535 RIVERSIDE DR SOUTH BEND IN 46601 31 018-1006-0202 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601 32 018-1006-0203 PRYOR ROBERT 1244 E MADISON SOUTH BEND IN 46617 33 018-1006-0199 THANOS SIGRID L 202 E NAVARRE ST SOUTH BEND IN 46601 34 018-1006-0200 MELLER RICHARD E 801 L W W MISHAWAKA IN 46544 3 5 018-1006-0201 SIOMOS EVANGELINE FRANCES 335 PRESTON DR SOUTH BEND IN 46615 3 6 018-1007-0284 ANDERSON JAMES P. AND CAROL A. 63430 OAK RD SOUTH BEND IN 46614 8-1007-0263 ~M ANDERSON LLC 11224 E WAYNE N SOUTH BEND IN 46615 018-1007-0264 ~CHRISTENSEN JUSTIN A 1209 E NAVARRE ST (SOUTH BEND IN 46601 018-1007-0265 iSCHAUT MARILYNN J 213 E NAVARRE ST (SOUTH BEND IN 46601 8-1007-0266 (DEED ;+1247 OWNJ PROBLEMI219 E. NAVARRE ST. (SOUTH BEND IN 46601 411018-1006-020601 IGILBERT AS OINT & GADIA 1539 RIVERSIDE DR (SOUTH BEND IN 46601 42 018-1006-0206 WELCH CRAIG A i~ KAY A 230 E NAVARRE SOUTH BEND IN 46601 43 018-1006-0204 BROWN LUCI E 222 NAVARRE ST SOUTH BEND IN 46601 44 018-1006-0205 MAY JEREMY M 226 E NAVARRE ST SOUTH BEND IN 46601 45 018-1007-0282 BALLEW GREGORY D. AND RENDA L. 609 RIVERSIDE DR SOUTH BEND IN 46601 46 018-1007-0267 HELMEN FREDERICK A 221 E NAVARRE STREET SOUTH BEND IN 46601 47 018-10D7-0268 WOOD BRUCE N AND SARA E 225 E NAVARRE SOUTH BEND IN 46601 48 018-1D07-0285 ANDERSON KAREN R 601 RIVERSIDE DR SOUTH BEND IN 46601 49 018-1006-0236 MACSWAIN RYAN 623 WOODSIDE WAY REDWOOD CITY CA 94062 50 018-1006-0235 M ANDERSON LLC 1224 E WAYNE N SOUTH BEND IN 46615 51 018-1006-0234 OUDGHIRI OMAR & CYNTHIA 19227 KERN RD SOUTH BEND IN 46614 52 018-1006-0232 FORSYTHE EUGENE 216 E NAVARRE SOUTH BEND IN 46601 53 018-1007-0281 LASKOWSKI DENNIS PO 80X 1776 SOU I H BEND IN 46634 e t~ ~ ~ y~~ u ~'' '~ ~ r~ ~C ~ ~` ~ n} "' L _ P~ ~~ t ~ ~+~ii LZ ~' ~ ~ a°~~ ~ ~~~ ~~~~ 0 ~ ~~ ~~~ ti ~. ~ o` ~ ~~ h~ ~~0~~~ 0~ ~~~~~~~ ~t ~ ii ~~ ddd ~ ~ ~~~~~~ :~' la ~~ ~ ~. ~ ~ ~ .,, ~~' ~ , ~~^G U ~~~~ ~~ ~~~ r ~ :~~~ f~tLt ~~~ f~C ~~t j ~~j-c„f~i~ --.V AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 S®uth Bend, Indiana 46601 (574) 235-9554 Fex: (574) 235-5541 July 2, 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 Larry Schohl ABZA 7/1/09 Dear Council Members: The above referenced petition of Larry Schohl was legally advertised on May 29, 2009. The Area Board of Zoning Appeals gave it a public hearing on July 1, 2009, at which time the following action was taken: Upon a motion by Mr. Hawley, being seconded by Mr. Hickey and unanimously carried, the petition for Special Exception to allow an accessory dwelling in a "SF2" District, on property located at 527 % Riverside Drive, is sent to the City of South Bend Common Council with a Favorable Recommendation. The deliberations of the Area 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. Sincere '~~ a Charles C. Bulot Building Commissioner CCB/cah SCHOI3L SPECIAL EXCEPTION PL7RSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS 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 CJSE 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 property 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 C~MPREHENSIYE PL,4N BECAUSE: It is the feeling of the $oard that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: 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 REC01YI1YIEl~IDATION ADOPTED this 1st Day of July, 2009 YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK YOUNG ® JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN 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 220 S. TAYLOR STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires 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 I.C: 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: 220 S. Taylor Street, South Bend, Indiana in order to permit a special use for a Half Way House in a MIJ 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 IH. 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; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTIOl`1 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. SECTIOI~T V. The Resolution shall be in full force and effect from and after its adoption by the Common Council ~~ ~ ~ ~~~ t Member of the Common Council ~'~! s 1 A .;! f.' ~^ Y-~ t~ us'e` € n .,a do h, ..and 1. '~' :F ~S a ~ r E..'" [~ PRESEt~7EC) ~...(J-o~ ~ AAP!~01~EC~ t ?a~3t~TE~ ~it~d t~ ~f~~°~c'~ ~~~~~ JUN - 8 2009 JQ~td d~GF~DE er~9r ~~~s~, s~. ~~r:a, ~r~. - BOARD OF ZONING APPEALS OF THE CIT1' OF SOUTH BEND PETITION PPLICANT' S NAME ~'~fl~~~r ~~Q'`(`C,{-~~,~J~' ~`, PHON~j~~i~~~j~- r~~) l 3 DRESS /t';~~~ ~,~ C~~~-~-~ Q~,~ ~or~sf Sau~~ t3~,~r~ ~ ,~J ~/GG 3 7 DRESS OF PROPERTY ~~Q ,~, Q.~/dam 5 ~', -StJi./-~ ~r/1~ S./~ '~~ L-1~ RESENT ZONING OF PROPERTY ~ ~ aNER S NAME. ~J ~~ °~J ~~~'// ~/G~ nt ~. ~/IGC /3~~nn~ ~~ ~ PHONEIS?~r/~ .;~~ ~' ~~ `b~ ~DRES S ~~~ P ~~sh C~1 cr~ S v~i~~ t3 e~ ~/1) ~~1 C~ ~ , ~UNSEL OR CONSULTANT ~DRES S ~TURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: ''!'~; PHONE e~~i.~`' C'~ -j~~C<_J~r•'r ~ ~X (~~'~~ rJ/1 ~O~" ~-r ~ ~n~~ ~n~Iti/~ i~ ~~ ~.~ LJ ~ ~ -t~r'~(~ ~ P / /7 i ~/! ~/ ~.l tr !~f • ~t? /1 f f' f~~C) :,yt ~ C4 ~~ i~ C~ ~T .~--lC,'a~ ~v-7Crs -fn 3 P~,~k,' ~ SP~GeS attest under the penalties for perjury, that the foregoing representations are sue . ~ ~„ . l ~~ j ~/' ~~ ' i +~ l i .-- -- ---~-- - _ ~'-o_~r_ ..~ v!',.--/~~' .~ / _ c"_1a ,~~1_~~ _?s? ~l~ ~.-.s~~rt ~cr ~--~~c~_------- - -- ~----... s __~~NZ. -~''°-.f°c _~-c'rl.~_~q._l_._G~/_~i.l._~:~.r_ ~-_~'_-_~J~ _ wt'.~c s_~rJ~------------ __ _- .___- 11 / [ ~ _~G'~i!/_i..Lff___~'-/~__-?'~~ -....'"hG? ~!_~-=[zP~S_ -~ T!_v_LL.~'...__~t-. ~s.~'GC'.~!_L~ ~`'s~-___ ----- - - GlC i +~ ?-Y-~ ~~ ~-- _~ia~ ~ ~1 ~_ L e._.rC~~! mss- ~~LL <<~.~~ E _-.-___. .. . -•--~--~---_--- !-i_~~.~~-='fi~ ~a.1_-v_Ly-7-C'~!t~~__G_L_~G_~d~~0 ~~_ G~C~!~ ~/ ~ ~g~.5 ,., ..~--- _~~~ .L s 6i1?~~t.1~ ~t3_.r S~~/'r i°_~Cr U' ~-G ,~Q ~~+ or 5-~.-- - ~ ~a~~~~~Ja~S ~-. c..s z ~..~~i(~.f~~ ~o~-e _ . -~ G ~~ ~ cs~ • '~C ~i~P-~6 a CLz ~ 1 ~ ~_ ' o ~ c ~ c t ; ~s! ~.s . -~ _ --- - ~ ~. y_4I. .V_~°_3. l-!'L1 S. ._UH.. r~`^C. ~ ~..Z_~a_.'t'i~U~ . ~'l)_v. ~~. _. ~.. 5.-. C~'~~/"-!7 L..11..~.-..__. ... . ..._. _. _ _ .. . __..-.. / ~ -- - ~/..~ ~~;:.. S. ~G _LC t "mot, °`. ... . ~' I~ ~ - ~ .- c ......--- .___.. ..... _ ..- ....... I _.. _. _ --. . _._ _.__ ~I_J t- O J } ti ~- ..1 ~7 1~ A iii r r iU z,dT , 3 c ~ ~ t UA~~I.-5 Sub ~ti.~~.~, _, ~`~ SGA~E = Q~^ PARCELID NAME_1 MAILINGADD MAILINGCIT MAILI NGST A MAILIN GZIP 018-3011-0386 JOERS RONALD A TRUSTEE OF THE RONALD A JOERS REVOCABLE TRUST 1919 Ridgewood Cr South Bend IN 46617 018-3011-0387 JOERS RONALD A TRUSTEE OF THE RONALD A JOERS REVOCABLE TRUST 1919 Ridgewood Cr South Bend IN 46617 018-3047-1831 KELLY JOYCE A 607 W Wayne St South Bend IN 46601 018-3047-1832 GORBITZ ANN & EMORY 223 S Taylor St South Bend IN 46601 01 8-3 04 8-1 841 0 1 ST PATRICK CHURCH DIOCESE OF FT WAYNE 309 S Taylor South Bend IN 46601 018.3011-0375 RODRIGUEZ SALVADOR 225 S. William South Bend IN 46601 018-3012-0407 CITY OF SOUTH SEND 227 W Jefferson Blvd ste 1200 South Bend IN 46601 018-3012-0406 CITY OF SOUTH BEND 1200 South Bend IN 46601 018-3012-0408 CITY OF SOUTH BEND 1200 South Bend IN 46601 018-3012-0409 CITY OF SOUTH BEND. 1200 South Bend IN 46601 018-3012-042001 CITY OF SOUTH BEND 1200 County City Bldg South Bend IN 46601 018-3011-0378 CHRISTENSEN JUSTIN A 229 S William St South Bend IN 46601 018-3011-0366 JOERS RONALD A TRUSTEE OF THE RONALD A JOERS REVOCABLE TRUST 1919 Rich Wood Circle South Bend IN 46617 018-3011-0376 WELLS FARGO BANK NA AS TRUSTEE 4600 Regent Blvd Ste 200 Irving TX 75063 O18-3011-0367 BROOKS DELBERT C 10980 E Hwy 8 Culver IN 46511 018-3011-0368 JOERS RONALD A TRUSTEE OF THE RONALD A JOERS REVOCABLE TRUST 1919 Rich Wood Cr South Bend IN 46617 018-3047-1825 HOLVOET CHRISTOPHER S - 617 W Wayne South Bend IN 46601- 018-3047-1826 BINDER CLIFFORD JOSEPH 607 W Wayne St South Bend IN 46601 018-3047.1827 BINDER CLIFFORD JOSEPH 607 W Wayne St South Bend IN 46601 018-3011-0362 - MCFADDEN VICTOR L & BONNIE J 115 Peashway South Bend IN 46601 018-3011-0373 AIDS MINISTRIES/AIDS ASSIST OF NORTH INDIANA INC Po Box 11582 South Bend IN 46634 018-3011-0377 ANDERSON FRANK 227 S. Williams St South Bend IN 46601 018-3011-0365 ROY GEORGE & MARY 228 5 Taylor South Bend IN 46601 018-3047-1829 KELLY JOYCE A 607 W Wayne South Bend IN 46601 018-3047-1806 AAK PROPERTIES LLC 131 S Taylor St South Bend IN 46628 018-3011-0364 WATSON DWUAN L & MARILYN WATSON 23340 Ray Lane ElkhaR IN 46514 018-3011-0361 FREEMAN DALE EUGENE & MARTINA ELIZABETH 445E 17th St Mishawaka IN 46544 018-3047-1807 AAK PROPERTIES LLC 131 S Taylor South Bend IN 46601 D18-3011-0382 KALWANI VIKAS & ANITA P O BOX 681 Streamwood IL 60107 018-3011-0360 SANFORD JEFFREY L & HALPIN ANDREA E 1203 E WAYNE ST South Bend IN 46615 018-3011-0374 FREIDLINE JOHN 108 N MAI N ST STE 711 South Bend IN 46601 018-3011-0384 AIDS MINISTRIES/AIDS ASSIST OF NORTH AMERICA INC P O Box 11582 South Bend IN 46634 018-3011-0363 HUGHES JAMES K & PENNY D 1918 Southern View South Bend IN 46614 018-3047-1828 BINDER CLIFFORD JOSEPH 607 W Wayne South Bend IN 46601 018-3047-1830 KELLY JOYCE A 607 W Wayne St South Bend IN 46601 018-:,011-D359 TOWNSEND MARGARET A 210 S Taylor St South Bend IN 46601 . 018-3011-0358 LIFE TREATMENT CENTERS INC 1402 S Michigan St South Bend IN 46613 018-3011-0357 ElSENHOUR RICHARD % ALAN EISENHOUR 14680 Lincoln Hwy Plymouth IN 46563 ' 018-3011-0369 AIDS MINISTRIES/AIDS ASSIST OF NORTH INDIANA fNC 201 S William St South Bend IN 46601 , 018-3011-0380 418 WEST JEFFERSON INC 418 W Jefferson South Bend IN 46601 018-3010-0329 DOWNEY MARY THERESA & PARCHER MICHAEL JOSEPH 912 Marengo Lane Nashville TN 37204 018-3010-032001 LIFE TREATMENT CENTERS INC 1402 S Michigan St South Bend IN 46613 018-3010-0320 GUZOWSKI RICHARD A 511 W Jefferson South Bend IN 46601 018-3011-0383 SMITH PATRICIA MCMAHON 2814 Miami St South Bend IN 46614 018-3011-0381 418 WEST JEFFERSON INC 418 W Jefferson South Bend IN 46601 018-3047-1801 AAK PROPERTIES LLC 131 S Taylor St South Bend IN 46628 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Send, Indiana 46601 (574) 235-9554 Fax: (574) 235-5541 July 2; 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 Arthur Carruthers ABZA 7/1/09 Dear Council Members: The above referenced petition of Arthur Carruthers was legally advertised on June 14, 2009. The Area Board of Zoning Appeals gave it a public hearing on July 1, 2009, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hickey and carved by a vote of 5-2, the petition for Special Exception to allow a group home in a "MU" Mixed Use District, on property located at 220 S. Taylor Street, is sent to the City of South Bend Common Council with a Favorable Recommendation. The deliberations of the Area 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 ~i~y~ Charles C. Bulot Building Commissioner CCB/cah CARRUTHERS SPECIAL EXCEPTION PURSUAN"I' 21-09.3(Dj AREA BOARD OF ZONING APPEALS 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 genera] welfare of the community. 2. THE PROPOSED USE WII..L 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 1N WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property 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 BECAU 5E: 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: 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 I st Day of July, 2009 YE5 NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK YOUNG ® JACK HICKEY ® GERALD PHIPPS ®. ROBERT HAWLEY ® JOE VELLEMAN r~ r ~~ ~ r, ~.,.~ I ~ ~ ~~ - _~ ~~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVI1o1G A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY. LOCATED AT 3423 SOUTH MICHIGAN STREET WITH CONTIGUOUS VACANT LAND WHEREAS, Indiana Code Section 36-7-4-918.6, requires 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; 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: 3423 South Michigan Street with contiguous vacant land, in order to permit apre-school as an adjunct use to a public school, which is a permitted primary use under Zoning Ordinance Section 21-02.02(a)(2)(A), SF2 Single Family and Two Family District, Permitted Uses, Special Exception Uses, Educational Use. SECTION H. 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 HI. The Common Council of the City of South Bend, Indiana, hereby finds that: BDbB01 5692905x1 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The pxoposed 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 Clerk. SECTION V. The 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 4.:. %a :a:' 3 t~. !~ • ~+:tf :.'`vii. ~~ ~::i~"'t" ~'.~i ~~Yq/~ F 'r:ii~ ~~Y'~i~6Li C~.N r f'i Si'•Z;n }.,. .1 ~ 4f iS~ '~+:/:i k~1 .art{3;~s~ ~3~ ~~~~ Plt~SEt~TEgT : ~ - l 3 `~~ ~~ ~~-~~~ ~~P~EC~ BDDBbI 5692905v1 ~jt~~ CI ~~~;i~~'~ ~~i'3I~~ Jug ~ o ~ooo Jq;1~1 Y~~RG~ ~si~ ~i~s~t~s ~®. lss~il~+ ~~. $OARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME Charter School Development Corporation PHONE 443.561.1280 ADDRESS 7272 Park Circle Drive, Suite 265, Hanover, Maryland 21076 ADDRESS OF PROPERTY 3423 S. Michigan St.~with contiguous vacant land PRESENT ZONING OF PROPERTY Rezoning to SF2 Single Family and Two Family District was approved by the City Council on June 8 OWNER'S NAME Charter School Development Corporation PHONE 443.561.1280 ADDRESS 7272 Park Circle Drive, Suite 265, Hanover, Mar land 21076 COUNSEL OR CONSULTANT Wendy K. Walker-Dyes PHONE 574-239-1965 ADDRESS Baker & Daniels LLP, 202 S._Michigan St., Suite 1400, South Bend NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION; Variance from Zoning Ordinance 21-02.11(a)(3)(F) General Regulations for Residential Districts, Grade Level Im rovements, and 21-.02.02(b)(5)(A) SF2 District, Development Standards, to allow existing front yard parking to be retained with setback from required 25' to 0' for 13 s aces for school staff and visitors, including handicapped parkin and 21-02.02(b)(5)(B)(ii) for north side yard setback from required 20' to 0' for existing non-residential structure to be converted to a public school. Special Exception under Zoning Ordinance Section 21-02.02(a)(2)(A), SF2 Single Family and Two Family District, Permitted Uses, Special Exception Uses, Educational Use, to allow pre-school as adjunct to permitted primary use as a public school I attest under the penalties of perjury, that the foregoing representations are true. Signature of Property Owner(s) Charter School Development Corporation By Its Attorney BAKER f®~ DAIS IELS EST. 1863 WENDY K. WALKER-0YFS Attorney at Law Admitted In Indiana and Michigan pirect 574.239.1965 wendy.wa Iker-dyesQbake rd.com June 9, 2009 Board of Zoning Appeals City of South Bend c/o Carolyn A. Henry, Secretary 125 S. Lafayette Blvd., Suite 100 South Bend, IN 46601 BAKER & DANIELS LLP 202 5. Michigan Street, Suite 1400 South Bend, Indiana 46601 Tel 574.234.4149 Fax 574.239.1900 www.bakerdaniels.com via hand delivery Re: Xavier Charter School of Excellence 3423 South Michigan Street, South Bend, with contiguous vacant land Dear Board of Zoning Appeals Members: On behalf of the Charter School Development Corporation, enclosed is a petition for a variance fi•orri the general regulations for residential districts to allow existing front yard parking to be retained and reduced setbacks as part of the renovation of an existing vacant building fox a new primary and secondary public charter school. We are also seeking a special exception to allow the inclusion of apre-school as an adjunct use to the permitted primary use as a public school. The property was most recently owned and used by SouthGate Church, Inc. (f/k/a Calvary Temple-South Bend Gospel Tabernacle, Inc.) and previously housed the Busk Brothers furniture store. On June 8, the City Council approved the zoning change from MU Mixed Use District to SF2 Single Family and Two Family District, which includes public schools as a permitted use. The petition to allow existing front yard parking and reduce the front yard and the north side yard setbacks will satisfy the standards for granting a variance under I.C. 36-7-4-918.5 as follows: A. The approval will not be injurious to the public health, safety, morals, and general welfare of the conununity because the variance is necessitated by the rezoning from the MU (mixed use) district to SF2 in order to allow reuse of a vacant commercial structure by conversion to a public K-8 school, which the City determined to be a primary use that is compatible and allowed as of right in a residential district. The variance will merely accommodate the continued use and retention of the existing 28,000 square foot building and an existing row of 13 asphalt parking spaces between the sidewalk and the existing building. Board of Zoning Appeals 2 June 9, 2009 B. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because the variance will merely allow the use of an already existing building and paved row of parking, and the adjacent area will thus experience no adverse impact. Instead, the variance will create a positive effect on the area's value because it facilitates the reuse of a vacant structure. C. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property because the variance is necessitated by the rezoning from the MU (mixed use) district to SF2 in order to allow reuse of a vacant commercial structure by conversion to a public K-8 school. The continued use of the existing front yard paved parking area for 13 cars between the sidewalk acid the building is needed to allow adequate accessible parking, particularly visitor parking and handicapped parking near the front entrance. The petition for inclusion of apre-school as an adjunct use will satisfy the standards for granting a special use as follows: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the pre-school use can be effectively integrated with the planned public K-8 school, which the City determined to be a primary use that is compatible and allowed as of right in a residential district. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein but instead will create a positive effect on the area's value because the special exception will assist in allowing the full reuse of a vacant structure as an educational institution in a manner that is compatible with the surrounding residential areas and mixed buffer-type uses. 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 the pre-school use can be effectively and seamlessly integrated with the planned public K-8 school, which the City determined to be a primary use that is compatible and allowed as of right in a residential district. 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because the Policy Plan's Objective PF 1.2 is to maintain and enhance essential community assets, and the Land Use Plan's LU 2.2 calls for the pursuit of a mix of land uses along major corridors as identified on the Future Land Use Map. The South Gateway Commercial Corridor Action Plan, July 1998, lists the property as a development site in the Middle Mixed Use Sector, identifying proposed uses as ,office, retail, and commercial. In its review of the rezoning for the property, the Area Plan Commission staff determined that it is responsible development and growth to allow the expansion and adaptive re-use of buildings and accommodate uses that can act as a BDDBOI 5692958v1 Board of Zoning Appeals June 9, 2009 transition from. more intense uses to residential uses and, specifically, that the re-use of this building will contribute to the growth of the neighborhood as well as the South Gateway Commercial Corridor. Thank you kindly for your consideration. Sincerely, Wendy K. Walker-Dyes cc: Susan Scuderi, Lee Companies BDDBOI 5692958v1 KKONS ~•i} p~ Rnpwd Rmew6on /r 4(5/47 - •,•,••,• . E Ib6~} i ~,J ~ XAV/ER SCHOOLOFEXCELLENCE rA~ s%~O^~'~' kk j ~ $ swueme.new1w l~L~z ~ ~d~~~:x % ~ SRE IMPROVEMENTS PLAN ~ NO1F' """' ANCON CONSTRUCTION CO., INC. 1 HA H A 4 574.533.9561 574.6749941 F41L' 574.534.5546 PARCELID NAME_1 PROP ADDR CITY TAXMAILADD TAXMAILCIT 018-7163- SOUTH SEND IN 3506 S MICHIGAN SOUTH BEND IN 5743 WIEGER JULIE A 3506 MICHIGAN 46614 ST 46601 018-8139- MATTHEWS SOUTH BEND IN SOUTH BEND IN 5036 VERONICA R 3439 MAIN 46614 3439 S MAIN ST 46614 018-8139- SOUTH BEND IN 115 S LAFAYETTE 50UTH BEND IN 5037 3443 LAND TRUST 3443 MAIN 46614 STE 112 46601 SECRETARY OF 018-8139- HOUSING AND SOUTH BEND fN 1005 VIRGINIA AVE 5033 URBAN DEV 3427 MAIN 46614 STE 300 ATLANTA GA 30354 SOUTH BEND 018-7163- MOTEL SOUTH BEND IN 3420 S MICHIGAN SOUTH BEND IN 5740 CORPORATION 3420 MICHIGAN 46614 ST 46614 DISTRICT 018-7163- WESLEYAN 3614 S. SOUTH BEND IN 3702 S MICHIGAN SOUTH BEND IN 5750 CHURCH MICHIGAN ST. 46614 ST 46614 018-7163- PARMLEE CRAIG SOUTH BEND IN 3606 S MICHIGAN SOUTH BEND IN 5748 D 3606 MICHIGAN 46614 ST 46614 018-8019- CALVARY 3717 MICHIGAN SOUTH BEND IN 3717 S MICHIGAN SOUTH BEND IN 079902 TEMPLE 5T ~ 46614 ST 46614 018-7163- CITY OF SOUTH VAC LOT 10 SOUTH BEND IN 5741 BEND CHIPPEWA HTS 46614 0 018-8017- 3313 S SOUTH BEND IN 0761 PERKINS MARK T MICHIGAN ST 46614 PO BOX 122 LAKEVILLE IN 46536 MILLER 018-8018- WOODROW SR & SOUTH BEND IN SOUTH BEND IN 079405 ANN 3313 S. MAIN ST 46614 3313 S MAIN ST 46614 MARION L 8 018-8017- CAROL UND 1/2 SOUTH BEND IN 6121 LNASDOWN SOUTH BEND IN 07840'1 INT & A 3314 S. 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AND MARY 3305 S SOUTH BEND IN 3305 5 MICHIGAN SOUTH BEND IN 0759 JANE MICHIGAN ST 46614 ST 46614 018-7163- DEKA PATRICK J VAC LOT 5 5OUTH BEND IN 3404 S MICHIGAN SOUTH BEND IN 5736 & TINA M CHIPPEWA HT5 46614 ST 46614 018-8019- SOUTH BEND IN 1225 S 26TH SOUTH BEND IN 0817 HUGHES SCOTT 3407 MICHIGAN 46614 STREET 46615 MCCARTY 018-7163- CHRISTINA & SOUTH BEND IN 3602 S MICHIGAN SOUTH BEND IN 5747 TRENT W 3602 MICHIGAN 46614 ST 46614 PARKER GERRI L 018-7163- DAMS- TRUSTEE SOUTH BEND IN 59725 GOLDFINCH SOUTH BEND 1N 5746 OF THE PA 3518 MICHIGAN 46614 CT 46614 018-8019- MITTLER SUPPLY SOUTH BEND IN SOUTH BEND IN 079701 INC. 3607 S MAIN ST 46614 PO BOX 1676 46634 CALVARY TEMPLE SOUTH 018-8019- BEND GOSPEL PAVED LOT ON SOUTH BEND IN SOUTH BEND IN 079708 TABERNA S MAIN 46614 3717 S MICHIGAN 46614 018-8019- COBB 3533 S 3525 S MICHIGAN SOUTH BEND IN 0825 ROOSEVELT JR MICHIGAN ST 46614 PARKER GERRI L 018-7163- DAMS- TRUSTEE LOT 14 SOUTH BEND 1N 59725 GOLDFINCH 5OUTH BEND IN 5745 OF THE PA CHIPPEWA HTS 46614 CT 46614 018-8139- SOUTH BEND IN SOUTH BEND IN 5032 SMITH GLORIA 3423 MA{N 46614 3423 S MAIN ST 46614 SOUTH BEND 018-7163- MOTEL SOUTH BEND IN 3420 S MICHIGAN SOUTH BEND IN 5739 CORPORATION 3416 MICHIGAN 46614 ST 46614 CALVARY TEMPLE SOUTH 018-8019- BEND GOSPEL MAINS 292.18 3717 S MICHIGAN SOUTH BEND IN 079604 TABLERN LOT1 ST 46614 01 B-8139- MONIQUE INC SOUTH BEND IN SOUTH BEND IN 5031 SEE NOTES 3419 MAIN 46614 1153 FOX ST 46613 SOUTH BEND 018-7163- MOTEL SOUTH BEND IN 3420 S MICHIGAN SOUTH BEND IN 5738 CORPORATION 3412 MICHIGAN 46614 ST 46614 018-8139- SOUTH BEND IN 3903 SOUTH BEND IN 5030 DILLEY ROBERT 3415 MAIN 46614 MONTGOLFIER PL 46614 CALVARY TEMPLE SOUTH 018-8019- BEND GOSPEL 50UTH BEND iN 3717 S MICHIGAN SOUTH BEND 1N 0820 TABERNA 3423 MICHIGAN 46614 ST 46614 CALVARY TEMPLE SOUTH 018-8019- BEND GOSEPL MAIN 80.69 Mib 3717 5 MICHIGAN SOUTH BEND IN 079605 TABLERN PRT LOT1 ST 46614 018-7163- SOUTH BEND IN 3410 S MICHIGAN SOUTH BEND IN 5737 HITE JUDITH D 3410 MICHIGAN 46614 ST 46614 LORENCE 018-8139- THOMAS D. AND SOUTH BEND IN SOUTH BEND IN 5029 CAROLYN A. 3409 MAIN 46614 3409 5. MAIN ST. 46614 018-8019- 3401 BLOCK SOUTH BEND IN SOUTH BEND IN 0816 WINKEL MARK R MICHIGAN ST 46614 1124 RYER ST 46628 018-8139- SOUTH BEND IN SOUTH BEND IN 5027 HAWKS DAWN M 3401 MAIN 46614 3401 S MAIN ST 46614 CALVARY TEMPLE SOUTH 018-8019- BEND GOSPEL MICHIGAN EX 5 3717 S MICHIGAN SOUTH BEND IN 079603 TABERNA 372.87LT 1 ST 46614 018-8019- 3401 1/2 S SOUTH BEND IN SOUTH BEND iN 0815 WINKEL MARK R MICHIGAN ST 46614 1124 RYER ST 46628 015-7163- DEKA PATRICK J SOUTH BEND IN 3404 S MICHIGAN SOUTH BEND IN 5735 & TINA M 3404 MICHIGAN 46614 ST 46614 079607 SHAPER PAUL W G PO BOX 50 46391 018-8018- SOUTH BEND IN SOUTH BEND IN 079408 SMITH BONNIE L 3325 S. MAIN 46614 3325 S MAIN ST 46614 018-8017- SOUTH BEND IN SOUTH BEND IN 0787 PATTEE RICHARD 3326 S. MAIN ST 46614 5631 YORK RD 46614 HOEPFINGER CHRISTOPHER M 018-8017- & SALMAN VAC-ADJ TO SOUTH BEND IN 3317 S MICHIGAN SOUTH BEND IN 0763 ELIZAB 3317 MICHIGAN 46614 ST 46614 HEELER ROBERT Oi8-8018- & LINDA HEELER SOUTH BEND IN SOUTH BEND IN 079407 MISC 3321 S. MAIN ST 46614 3321 S MAIN ST 46614 PASALICH 018-7163- LILLIAN & DANIEL 3326 S. SOUTH BEND IN 3326 S MICHIGAN SOUTH BEND IN 5733 L MICHIGAN 46614 ST 46614 018-8017- ERVIN GERALD R SOUTH SEND IN 6132 OLD ENGLISH SOUTH BEND IN 0786 & EDITH 3322 S. MAIN ST 46614 GT 46614 HOEPFINGER CHRISTOPHER M 018-8017- & SALMAN 3317 S SOUTH BEND IN 3317 S MICHIGAN SOUTH BEND IN 0762 ELIZAB MICHIGAN ST 46614 ST 46614 PASALICH 018-7163- LILLIAN & DANIEL SOUTH BEND IN 3322 S MICHIGAN 50UTH BEND IN 5732 L 3322 MICHIGAN 46614 ST 46614 018-8018- ZUNIGA LUlS G SOUTH BEND IN SOUTH BEND IN 079406 JR & ALICIA 3317 S. MAIN ST 46614 3317 S MAIN ST 46614 018-8017- SIMPSON SOUTH BEND IN SOUTH BEND IN 0785 DONALD R 3318 S. MAIN ST 46614 3318 S MAIN ST 46614 018-8018- MILEWSKI SOUTH BEND IN 079404 ROBERT & SALLY 3309 S. MAIN ST 46614 53273 SPRING CT GRANGER IN 46530 EDGERTON 018-8017- LESLIE H AND 3309 S SOUTH BEND IN 3309 S MICHIGAN SOUTH BEND IN 0760 DOROTHY E MICHIGAN ST 46614 ST 46614 018-8017- WERNTZ JOHN A 50UTH BEND IN SOUTH BEND IN D784 & CAROLE S 3310 S. MAIN ST 46614 3310 MAIN ST 46614 018-8018- PRITCHARD JACK SOUTH BEND tN SOUTH BEND IN 079403 D JR & ANGELA 3305 S. MAIN ST 46614 3305 S MAIN ST 46614 018-8018- LAFAYETTE-LOT SOUTH BEND IN WESTVILLE IN 079504 SHAPER PAUL W J & K WAIZ 46614 PO BOX 50 46391 018-8017- SHEETS MICHAEL SOUTH BEND IN SOUTH BEND IN 0782 F AND HELEN 33D2 S. MAIN ST 46614 3302 S MAIN ST 46614 018-8017- ADKINS RONALD 3301 S SOUTH BEND IN 3301 S MICHIGAN SOUTH BEND IN 0758 K MICHIGAN ST 46614 ST 46614 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 July 2, 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 Charter School Development Corp. ABZA 7/1/09 Dear Council Members: The above referenced petition of Charter School Development Corp. was legally advertised on June 14, 2009. The Area Board of Zoning Appeals gave it a public hearing on July 1, 2009, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hickey and unanimously carried, the petition for Special Exception to allow apre-school in a "SF2" District, on property located at 3423 S. Michigan Street, is sent to the City of South Bend Common Council with a Favorable Recommendation. The deliberations of the Area 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. Sincerel . ~~ /~ v'i~~ Charles C. Bulot Building Commissioner CCB/cah CHARTER SCHOOI DEVELOPMENT SPECIAL EXCEPTION PURSUANT 21-09.3(D} AREA BOARD OF ZONING APPEALS 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 wi]] comply with all bui]ding, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and genera] 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 property 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 PL.2N 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: DECISION IT IS THEREFORE the decision of the $oard that this request for Special Exception shall be passed onto the City of South Bend Common Council with a; FAVORABLE RECOMMENDATION ADOPTED this I st Day of July, 2009 YES NO ® "MICHAEL URBANSKI ® RANDALL MATTHYS ® TACK YOUNG ® JACK HICKEY ® GERALD PHZPPS ® ROBERT HAWLEY ® JOE VELLEMAN