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HomeMy WebLinkAbout05-23-16 Council Agenda and PacketSOUTH BEND COMMON COUNCIL MEETING AGENDA Monday, May 23, 2016 7:00 P.M. 1. INVOCATION- IMAM MOHAMMED SIRAJUDDIN, THE ISLAMIC SOCIETY OF MICHIANA 2. PLEDGE TO THE FLAG ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES SPECIAL BUSINESS BILL NO. 16 -52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE SISTERS OF THE HOLY CROSS ON THE 175TH ANNIVERSARY AND THANKING PAST AND PRESENT SISTERS FOR THEIR DEDICATED LEADERSHIP TO A VARIETY OF MINISTRIES 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. TIME: 20 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2724 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 21 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 803 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NO. I IN THE CITY OF SOUTH BEND, INDIANA 22 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 6100 NIMTZ PARKWAY, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND 23 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS CHAPTER 17, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES BILLS ON THIRD READING BILL NO. TIME: 20 -16 THIRD HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2724 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 21 -16 THIRD HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 803 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 22 -16 THIRD HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 6100 NIMTZ PARKWAY, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND 23 -16 THIRD HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS CHAPTER 17, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES 9. RESOLUTIONS BILL NO. 16 -47 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1915 BENDIX DRIVE, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX ABATEMENT FOR APPLETREE ASSOCIATES, LP 16 -50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A WAIVER OF NONCOMPLIANCE FOR LATE -FILED DEDUCTION APPLICATION (FORM 322/RE) AND COMPLIANCE WITH STATEMENT OF BENEFITS (FORM CF -1) BY RUN- FASTER -RUN LLC FOR CERTAIN REAL PROPERTY KNOWN AS LOT 5 OF THE COVELESKI MINOR 2 SUBDIVISION AND LOCATED AT 525 S. LAFAYETTE BOULEVARD DESIGNATED AS AN ECONOMIC REVITALIZATION AREA UNDER RESOLUTION 4387 -14 10. BILLS ON FIRST READING BILL NO. 25 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE, CHAPTER 21, ARTICLE 6, SECTION 21- 06.03(f)(12)(A) OF THE SOUTHBEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAFES 11. UNFINISHED BUSINESS (COMMITTEE REFERRAL ONLY) BILL NO. 16 -49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2319 LINCOLNWAY WEST 16 -51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 700 WEST IRELAND ROAD. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 4th Floor County -City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: MAY 19, 2016 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, MAY 23, 2016 at: Council Informal Meeting Room 4' Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON 1. Bill No. 20 -16- Rezoning at 2724 Lincolnway West 2. Bill No. 21 -16- Rezoning at 803 West Washington St. (Kizer House) 3. Bill No. 22 -16- Rezoning at 6100 Nimtz Parkway 4:15 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 16 -50- Approving a waiver of non - compliance for Run - Faster -Run, LLC 4:25 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON 1. Bill No. 23 -16- New rules and regulations for Installation Charges- SUBSTITUTE BILL 2. Yard Waste Update, Department of Public Works 4:50 P.M. RESIDENTIAL NEIGHBORHOODS KAREN L. WHITE, CHAIRPERSON 1. LaSalle Park/Beck's Lake EPA Superfund Site Update, Legal Department Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Residential Neighborhoods Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE CHIEF DEPUTY DEPUTY CLERK EMILY SEXTON CHIEF OF STAFF DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK 2016 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-6 -16) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real & personal tax abatement requests. Gavin Ferlic, Chairperson Oliver Davis, Member Regina Williams- Preston, Vice - Chairperson Randy Kelly, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Office of Community Affairs and is charged with facilitating partnerships & ongoing communications with other public and private entities operating within the City. Regina Williams- Preston, Chairperson Gavin Ferlic, Member Randy Kelly, Vice - Chairperson Karen White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. It duties are set forth in detail in Section 2 -10.1 of the South Bend Municipal Code. Tim Scott, Member Dr. David Varner, Member Jo Broden, Member Karen White HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. John Voorde, Chairperson Oliver Davis, Member Karen L. White, Vice - Chairperson Jo Broden, Member INFORMATION AND TECHNOLOGY COMMITTEE Oversees the various activities of the City's Division of Information Technologies in the Department of Administration & Finance so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability & access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dave Varner, Member Gavin Ferlic, Vice - Chairperson Karen White, Member PARC COMMITTEE (Parks, Recreation, Cultural Arts & Entertainment) - Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks and Recreation. Randy Kelly, Chairperson Oliver Davis, Member Dr. Dave Varner, Vice - Chairperson John Voorde, Member 5OL1rn 2016 COMMON COUNCIL STANDING COMMITTEES (Rev. 01 -6 -16) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations & other fiscal matters, as well as personnel policies, health benefits & related matters. Karen L. White, Chairperson Gavin Ferlic, Vice- Chairperson Regina Williams- Preston, Member John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works & related public works & property vacation issues. Jo Broden, Chairperson John Voorde, Vice - Chairperson Randy Kelly, Member Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities & issues related to neighborhood development & enhancement. Karen White, Chairperson Jo Broden, Vice - Chairperson Regina Williams- Preston, Member John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Dr. David Varner, Chairperson Randy Kelly, Member Oliver Davis, Vice- Chairperson Regina Williams- Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice - Chairperson Jo Broden, Member SUB - COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval /modification to the Council Tim Scott Dr. David Varner �... -SpUTg g,y. F " 2016 COMMON COUNCIL STANDING COMMITTEES (Rev.01 -6 -16) TIM SCOTT, 1sT District Council Member PRESIDENT Information and Technology, Chairperson Council Rules Committee, Member_ Sub - Committee on Minutes, Member REGINA WILLIAMS - PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice - Chairperson Personnel & Finance Committee, Member Utilities Committee, Member RANDY KELLY, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Public Works & Property Vacation, Member Utilities Committee, Member JO BRODEN, 4TH District Council Member Public Works & Property Vacation, Chairperson Council Rules Committee, Member Residential Neighborhood Committee, Vice - Chairperson Health & Public Safety Committee, Member Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee; Member PARC Committee, Vice - Chairperson Council Rules Committee, Member Sub - Committee on Minutes, Member OLIVER DAVIS, 6TH District Council Member Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice - Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Community Relations Committee, Member Information & Technology Committee, Vice - Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice - Chairperson Zoning & Annexation Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Information & Technology Committee, Member Health & Public Safety Committee, Vice - Chairperson Council Rules Committee, Member JOHN VOORDE, AT LARGE Council Member Health & Public Safety Committee, Chairperson Residential Neighborhood Committee, Member Public Works & Property Vacation, Vice - Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice - Chairperson Personnel & Finance Committee, Member Bill No. 16 -52 Whereas, the South Bend Common Council notes that on August 4, 1841, Blessed Basil Anthony Moreau of Le Mans, France, organized a group of devout laywomen who were trained to teach and nurse, to become the Marianites of Holy Cross. Three branches of Holy Cross women grew from this beginning: the Marianites, Sisters of Holy Cross and Sisters of the Holy Cross. 175 years later, over 3,000 religious women of Holy Cross have joined the religious men of Holy Cross to minister today throughout Europe, North and South America, Africa, and Asia in fulfilling their commitment to continue the mission in the spirit of Father Moreau; and Whereas, there are countless examples of the dedicated work of the Holy Cross Congregation: from the four Holy Cross sisters sent in 1843 to northern Indiana to assist Holy Cross priests and brothers in establishing a school for boys and young men, today known as the University of Notre Dame; to the many religious women of the Sisters of the Holy Cross who served as nurses during the Civil War and boarding on Christmas Eve 1862 the hospital ship Red Rover to care for the wounded on both sides of the war; to the Holy Cross sisters who responded to the needs of Native Americans and settlers by establishing orphanages and teaching Potawatomi children; to serving during the Spanish - American War; to the moving of a school, Saint Marys Academy, from Bertrand, Michigan to Indiana in 1855, known today as Saint Mary's College which continues to educate women in the "long- established Holy Cross tradition of academic excellence and service': to establishing over 100 academies, schools, and colleges and serving as principals, faculty and staff, to establishing 19 hospitals over a 133 year period; to having "Holy Cross sisters continue to minister in a variety of education health care settings worldwide" such as Uganda, Ghana, Bangladesh, India, Brazil, Peru, Mexico and many other places around the globe; and Whereas, the Sisters of the Holy Cross "form an apostolic community of religious women for whom the teachings and counsels of the gospel are rule of life," noting that the general councils of the four (4) congregations of Holy Cross launched the Holy Cross International Justice Office in 2000, which today serves as the "Holy Cross Voice" to help impact the "critical justice issues of our time ". Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The Common Council of the City of South Bend. Indiana, proudly recognizes the vision of Blessed Basil Moreau and honors all of the Sisters of the Holy Cross who continue to minister today, 175 years later, as "educators, nurses, administrators, counselors, social workers, parish and campus ministers. retreat leaders. writers, attorneys, and advocates for social justice" in addressing the "urgent needs of the world" . Section 11. The Common Council publicly recognizes the Core [ ,'ahles of Holy Cross — Compassion, Faith. Prayer and Community, and on behalf of the South Bend community, the South Bend Common Council expresses its sincere gratitude and thanks for the continued dedication and service to our community by the Sisters of the Holy Cross, past and present, and looks forward to future generations of service by your religious community. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, I" District Council Member Oliver J. Davis. 6`h District Council Member Regina Williams Preston., 2nd District Randy Kelly, 3`d District Council Member -A. Z'I'A' Jo Wroden. 4" District Council Member Dr. David Varner. 5`h District Attest: John Voorde. At Large Council Member Gavin Ferlic, At Large Council Member Karen L. White. At Large Council Member Kathleen Cekanski Farrand, Council Attorney Approved this _ day of 016 Kareemah Fowler, City Clerk Pete Buttigieg, Mayor of South Bend, Indiana � 4 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY a ; OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE :`e SISTERS OF THE HOLY CROSS ON THE 175TH ANNIVERSARY AND THANKING PAST AND PRESENT SISTERS FOR THEIR DEDICATED LEADERSHIP TO A VARIETY OF MINISTRIES 1841 Whereas, the South Bend Common Council notes that on August 4, 1841, Blessed Basil Anthony Moreau of Le Mans, France, organized a group of devout laywomen who were trained to teach and nurse, to become the Marianites of Holy Cross. Three branches of Holy Cross women grew from this beginning: the Marianites, Sisters of Holy Cross and Sisters of the Holy Cross. 175 years later, over 3,000 religious women of Holy Cross have joined the religious men of Holy Cross to minister today throughout Europe, North and South America, Africa, and Asia in fulfilling their commitment to continue the mission in the spirit of Father Moreau; and Whereas, there are countless examples of the dedicated work of the Holy Cross Congregation: from the four Holy Cross sisters sent in 1843 to northern Indiana to assist Holy Cross priests and brothers in establishing a school for boys and young men, today known as the University of Notre Dame; to the many religious women of the Sisters of the Holy Cross who served as nurses during the Civil War and boarding on Christmas Eve 1862 the hospital ship Red Rover to care for the wounded on both sides of the war; to the Holy Cross sisters who responded to the needs of Native Americans and settlers by establishing orphanages and teaching Potawatomi children; to serving during the Spanish - American War; to the moving of a school, Saint Marys Academy, from Bertrand, Michigan to Indiana in 1855, known today as Saint Mary's College which continues to educate women in the "long- established Holy Cross tradition of academic excellence and service': to establishing over 100 academies, schools, and colleges and serving as principals, faculty and staff, to establishing 19 hospitals over a 133 year period; to having "Holy Cross sisters continue to minister in a variety of education health care settings worldwide" such as Uganda, Ghana, Bangladesh, India, Brazil, Peru, Mexico and many other places around the globe; and Whereas, the Sisters of the Holy Cross "form an apostolic community of religious women for whom the teachings and counsels of the gospel are rule of life," noting that the general councils of the four (4) congregations of Holy Cross launched the Holy Cross International Justice Office in 2000, which today serves as the "Holy Cross Voice" to help impact the "critical justice issues of our time ". Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The Common Council of the City of South Bend. Indiana, proudly recognizes the vision of Blessed Basil Moreau and honors all of the Sisters of the Holy Cross who continue to minister today, 175 years later, as "educators, nurses, administrators, counselors, social workers, parish and campus ministers. retreat leaders. writers, attorneys, and advocates for social justice" in addressing the "urgent needs of the world" . Section 11. The Common Council publicly recognizes the Core [ ,'ahles of Holy Cross — Compassion, Faith. Prayer and Community, and on behalf of the South Bend community, the South Bend Common Council expresses its sincere gratitude and thanks for the continued dedication and service to our community by the Sisters of the Holy Cross, past and present, and looks forward to future generations of service by your religious community. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, I" District Council Member Oliver J. Davis. 6`h District Council Member Regina Williams Preston., 2nd District Randy Kelly, 3`d District Council Member -A. Z'I'A' Jo Wroden. 4" District Council Member Dr. David Varner. 5`h District Attest: John Voorde. At Large Council Member Gavin Ferlic, At Large Council Member Karen L. White. At Large Council Member Kathleen Cekanski Farrand, Council Attorney Approved this _ day of 016 Kareemah Fowler, City Clerk Pete Buttigieg, Mayor of South Bend, Indiana :M:p 9 BiII'No. 20 -16 LAWRENCE P. MAGLIOZZI EA EC U I IV DIRECTOR Angela M. Smith Depute Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH REND, INDIANA 46601 (574) 233 -9571 Wednesday, May 18, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Janice Kimbrough and to zone from SF2 Single Family & Two Family District to MU Mixed Use District, property located at 2724 Lincolnway West, City of South Bend - APC# 2777 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Janice Kimbrough was legally advertised on Thursday, May OS, 2016 and that the Area Plan Commission at its public hearing on Tuesday. May 17, 2016 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a proposed ordinance of Janice Kimbrough to zone from SF2 Single Family & Two Family District to MU Mixed Use District, property located at 2724 Lincolnway West, City of South Bend, is TABLED until the June 21, 2016 meeting of the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, I Lawrence P. Magliozzi Attachment CC: Janice Kimbrough Filed in Clerk's Office r�aY E KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.ST)OSE PH COUNTY IND I ANA. C OM /AREAPLAN LAWRENCE P. MAGLIOZZI rxFCUTtvr: Dmuc•roR Angela M. Smith Deputy Di —I. ", AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571 April 6, 2016 South Bend Common Council 4"' Floor, County -City Building South Bend, IN 46601 RE: APC #2777 -16 — Rezoning for 2724 Lincolnway West Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 11, 2016 Council meeting, and set it for public hearing at your May 23, 2106 Council meeting. The petition is tentatively scheduled for public hearing at the May 17, 2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Matthew P. Chappuies Planner CC: Kathy Cekanski- Farrand Filed in Clerk's Office APR 0 0 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W. S T J O S E P H C 0 U N T Y INDIANA, C O M /AREA PLAN IN March 29, 2016 N cc IM Area Plan Commission of St. Joseph County, Indiana CC 1140 County -City Bldg. 227 W. Jefferson Blvd. South Bend, Indiana 46601 W Re: Rezoning Petition for 2724 Lincoln Way West, South Bend, IN 46628 ODear Council Members, I am requesting the Rezoning of my property located at 2724 Lincoln Way West, South Bend, Indiana for business activities to be conducted by BLESSED Gospel Magazine including publishing, marketing, general office, and retail. Retail activities would include sale of magazine subscriptions, single copy sales, antiques, and the sale of donor bricks for back yard gathering area. Planned site improvements would include drive way upgrades and parking for at least five (5) automobiles, an outdoor patio, a monument sign with a variable message reader board in the front yard, and two (2) benches within or abutting the right -of -way of Lincoln Way with advertisements on the back panel of the benches. The improvements will be a compliment to the existing neighborhood. If you have any questions concerning this matter, please feel free to give me a call at (574) 246 -1650 Sincerely, Janice im rough 1 Filed in e cc 1701 West Linden Street • South Bend, Indiana 46628 • Busin ss Ph ne: (574) 246 -1650 APR o 5 2016 OREEM p H BEN CITY CLERK, IN Bill No. 20 -16 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2724 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH BEND, INDIANA A ' • 1%R 11031:FAZI 13 RN TO REZONE FROM SF2 SINGLE FAMILY & TWO FAMILY DISTRICT TO MU MIXED USE DISTRICT FOR AN ADVERTISING BUSINESS 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 Bcnd, St. Joseph County, State of Indiana: LOT NUMBERED THIRTY -THREE (33) AS SHOWN ON THE RECORDED PLAT OF KALEY'S SECOND LINCOLN HIGHWAY ADDITION TO THE CITY OF SOUTH BEND, EXCEPTING THEREFROM 120 FEET OFF OF THE SOUTHERLY END THEREOF, AS PER PLAT THEREOF RECORDED MAY 20,1919 IN PLAT BOOK 10, PAGES 80 - 81 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY INDIANA be and the same is hem by established as MU.Mixed L'k District SECTION II. This ordinance shall be in full force and effect from and vacr its passage by the Common Council, approval by the Mayor, and legal publication. 1st RFADIRG PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED FILED APR 0 52016 AREA PLAN COMMISSION APPLICATION NO_ Membt:r of the Common Council Filed in Clerk's Office [ APR 05 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PETITION FOR ZONE MAP AMENDMENT City of South Bend Indiana 1 (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2724 Lincoln Way 4i'est South Bend, Indiana 46628 2) The property Tax Key Number(s) is /are: 71- 08- 03- 18- 00- 02- 00 -00 -26 3) Legal Descriptions: LOT NUMBERED THIRTY -THREE (33) A S SHOWN ON THE RECORDED PLAT OF KALE YS SECOND LINCOLNW HIGHWAY ADDITION TO THE CITY OF SOUTH BEND, EXCEPTING THEREFROM 120 FEET OFF OF THE SOUTHERLY END THEREOF, AS PER PLAT THEREOF RECORDED MA Y 20, 1919 IN PLAT BOOK 10, PAGES 80 -81 IN THE OFFICE OF THER RECORDER OF ST. JOSEPH COUNTY, INDIANA. 4) Total Site Area: 0.48 5) Name and address of property owner(s) of the petition site: JANICE KIMBROUGH 121N. CARLISLE STREET SOUTH BEND, INDIANA 46628 (574) 246 -1650 b1 =mmagazine(d =gnzuil coin Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: NA Name and address of additional property owners, if applicable: NA 7) It is desired and requested that this property be rezoned: From: Residenital SFl SINGLE FAMILY AND SF2 SINGLE FAMILY & TWO FAMILY DISTRICT To: MU MIX USE DISTRICT 8) This rezoning is requested to allow the following use(s): TO ALLOW B(,'SIAESS'.4C7117TIES FOR BLESSED GOSPEL 1IAGAZIAE. IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each iariunce heh (,, requested. Contact Commission Stc, t if oil need ussistance. 2) A statement on ho« each of the following standards for the wanting of variance is ed In Clerk's Office 3 APR 0 5 7016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Insert text (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; and: Insert text (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Insert text IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Insert text (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert text (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Insert text (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: JANICE KIMBROUGH 121 N. CARLISLE STREET SOUTH BEND, INDIANA 46625 (574) 246 -1650 bgmmagazine (ti %gniaiL cons BY SIGNING THIS PETITION, THE PETITIONERSIPROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s) of all property o� ner(�gnature of Attorney for all property owner(s): 4 Bill No. 21 -16 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith D,pulr DI-tor A COMMISSION OF ST. JOSEPH COUNTY, IN 127 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BLVD, INDIANA 46601 (574) 234 -9571 May 18, 2016 South Bend Common Council 4t1i Floor, County -.City Building South Bend, IN 46601 RE: Bill # 21 -16 Rezoning: 803 W. Washington St. Dear Council Members: The Area Plan Commission held a public hearing on May 17, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, May 23, 2016 Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance: 1.) A correction to the legal description has been made. A Copy of the revised Ordinance is attached. Public Hearing Summary: There were two citizens present to speak in favor of the petition, and one citizen present to ask questions of the petitioner. • Debra Parcel] spoke in favor of the petition, citing the historic significance of the property; • Andrew Hudak spoke in favor of the petition, but suggested limiting the number of residential units on the property and expressed concerns about parking on the street; • Philip Blaine asked questions of the petitioner, including: hours of operation, lighting, and number of occupants. He also mentioned that he has encountered opposition from the Area Plan Commission when he has inquired about rezoning his property to a commercial district, 10 -20 years ago. Ultimately, he suggested the petition be tabled until a graphic rendering could be produced by the architect to ease his concerns. If you have any further questions, please feel free to contact me at (574) 235 - 9571. Sincerely Matthew P. Ch uies Planner CC: Kathleen Cekanski - Farrand Fled in Cferk's Office MAY 18 7_41164 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . S T J O S E PH CO U N T Y I N D [ANA. C 0 M/ A R E A PLAN 1 i 1•ir� LAWRENCE P. MACILIOZZI EXECUTIVE DIRFCTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Wednes&y,fblaysl0�ID6, ROOM 1140 COUNTY -CITY BUILDING, SOUTH BENI), INDIANA 46601 (574) 235.9571 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Historic Landmarks Foundation of Indiana, Inc. to zone from MF1 Urban Corridor Multifamily District to MU Mixed Use District, property located at 803 W. Washington Street, City of South Bend — APC #2781 -16 Dear Council Members: I hereby Certify that the above referenced ordinance of Historic Landmarks Foundation of Indiana, Inc. was legally advertised on Thursday, May 05, 2016 and that the Area Plan Commission at its public hearing on Tuesday, May 17, 2016 took the following action: Upon a motion by John DeLee, being seconded by John McNamara and unanimously carried, a proposed ordinance of Historic Landmarks Foundation of Indiana, Inc. to zone from MFI Urban Corridor Multifamily District to MU Mixed Use District, property located at 803 W. Washington Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning to the MU Mixed Use District will allow for the adaptive reuse of this former single family mansion while maintaining the historic character of the structure. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Historic Landmarks Foundation of Indiana, Inc. Todd Zeiger — Director Northern Regional Office Kil Architecture Fled in Clerk's Office MAY ; 8 ?018 KAREEnMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND ­.ST) OSE PH COUNTY INDIANA. COM /Aft EAPLAN Bill No. 21 -16 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 803 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To rezone property from MF1 Urban Corridor Multifamily District to MU Mixed Use District for a mixed use building with uses such as, but not limited to, offices and residential. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: PARCEL I: A part of Bank Out lot Numbered 31 and 32 of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as follows, viz: Beginning on the n01 ih line of Washington Street (now Washington Avenue) in said City, at a point 24 3/4 feet East of the southeast comer of said Bank Out Lot Numbered 31; thence running West on the north line of said Washington Avenue a distance of 70 feet; thence North 198 feet; thence East 70 feet; thence South 198 feet to the place of beginning. PARCEL II: A part of Lot 4 in Mary Witherill's Subdivision of Bank Out Lot 32 described as follows: Beginning at the northwest corner of Lot 4; thence East 28.50 feet along the north line of said Lot 4; thence Southwesterly 43 .60 feet along a line with a deflection angle of 96 °3 7.40" right from the last described course extended thence Southwesterly 156.30 feet along an arc to the right having a radius of 909.93 feet and subtended by a long chord having a length of 156.03 feet with a deflection angle of 1 °06.24" right from the last described course extended to a point on the South line of Lot 4; thence West 0.37 feet along the South line of Lot 4 to the southwest corner of said Lot 4; thence North 198.00 feet along the west line of Lot 4 to the point of beginning. PARCEL III: Beginning at the intersection of the Westerly right -of -way line of Chapin Street and the North right -of -way line Washington Street, thence North 891- 56' -50" East along said Northerly right -of- way line projected East, a distance of 6.19 feet; thence North 8 °- 53' -58" East, a distance of 76.25 feet; thence North i P- 10' -11" East, a distance of 114.09 feet; thence NOlih 4 °- 28' -16" East, a distance of 11.49 feet to the Southerly line of the 14 foot alley projected East; thence North 90 °- 00'-00" West, a.distance of 15.10 feet to the Westerly right -of -way line of Chapin Street; thence South 7 °- 25' -20" West along said Westerly right -of -way line, a distance of 114.90 feet to the place of beginning containing 2053 square feet more or less. be and the same is hereby established as MU Mixed Use District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . m. 1 st READING PUBLIC HEARINC 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Filed in Clerk's Office APR 0 6 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PETITION FOR ZONE MAP AMENDMENT City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 803 W Washington South Bend Indiana 46615 2) The property Tax Key Number(s) is /are: 018 -1025- 106201 3) Legal Descriptions: See attached Legal Description 4) Total Site Area: 0.43 Acres 5) Name and address of property owner(s) of the petition site: Historic Landmarkv Foundation of Indiana, Inc. (DBA- Indiana Landmarks) 1201 Central Ave Indianapolis, IN 46202 574- 232 -4534 TZeiger@indianalandrnarks. org Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: NA Filed in Clerk's Office APR 0 a 2Qi� Name and address of additional property owners, if applicable: CSC REEMAH FOWLER LERK, SOUTH BEND, IN 7) It is desired and requested that this property be rezoned: From: MFl Urban Corridor Multifamily District To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): YVIL ed Use - 01faces and Afeeting%Gallerj. Space IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) Parking L:ariance_/rom 30 spaces required to 13. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: The proposed remodel entails a conversion of the existing three - store, multi -unit residential property into a mixed use business property tivith offices and a meetingIgallen space on the first floor, and offices and /or apartments on the second and third floors of the rrtuirr hrtildin; as ivell as on the second floor of the carriage hoarse. (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; and: This project serves as a transition between the residential neighborhood to the east and the madti -use facilities to the west. The business innnediately west of the ,project site is a multi -use commer-cial /residential building. Across the street to the south is the Oliver A.fansion/Hisiory Museum a multi -case facility wit/1 meetipkg space, offices curd raruseun?. The gallery /meeting space will he primar•ih, used after hours with the o cc> spaces used during nor ntal davtinze hours. There will also he parking lot screening proi7ided at this rear parking lot and overall landscape improvements, per the attached plans. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application of this Ordinance would only allow for part of this building to be used for the intended once and meeting use The proposed plan and parking with the approved parking variance }rill allow for a reduced amount of paved surface compared to the present site plan. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: NA 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Todd Zeiger Director, Northern Regional Office 402 W Washington South Bend, Indiana 46601 574 -232 -4534 TZeiger (& indianalandmarks. or a BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. property owner(s), or signature of Attorney for all property owner(s): % `A - C0- l (o in Clerk's Office APR 0 6 2016 CITY CLERK, SOUTH SEND, IN Staff Report APC # 2781 -16 Owner: Historic Landmarks Foundation of Indiana, Inc. Location: 803 W. Washington Street Jurisdiction: City of South Bend Public Hearing Date: 5/17/2016 Requested Action: Filed in Derk's Office MAY 18 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN The petitioner is requesting a zone change from MF 1 Urban Corridor Multifamily District to MU Mixed Use District and seeking 5 variances from the development standards. Land Uses and Zoning: On site: On site is a home and detached carriage house. North: To the north are single family homes zoned SF2 Single Family & Two Family District. East: To the east across Dr. Martin Luther King, Jr. Street are single family homes zoned SF2 Single Family & Two Family District. South: To the south across Washington Street is the Oliver Mansion and the Center for History zoned 0 Office District. West: To the west is an insurance office zoned OB Office Buffer District. District Uses and Development Standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed -use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site Plan Description: The site plan shows a parking lot on the north side of the house with a new access from Dr. Martin Luther King, Jr. Street. The existing access and paving along Washington Street would be removed and replaced with green space. The existing house and detached carriage house are undergoing renovation, with plans to convert the space for a mixture of uses including residential, office, and meeting or gallery space. Zoning and Land Use History And Trends: The West Washington - Chapin Neighborhood has developed primarily as a residential area. Many of the historic homes have been renovated and are single family owner- occupied. Several business offices can be found throughout the area and have developed in a manner that has relatively low impact on the surrounding residential uses. Traffic and Transportation Considerations: Washington Street and Dr. Martin Luther King, Jr. Street have two lanes. Utilities: This site is served by municipal sewer and water. APC # 2781 -16 Page 1 of 3 4 Staff Report 5/5/2016 Agency Comments: The County Surveyor recommends approval. The Department of Community Investment recommends approval and recommends that the petitioner install a bike rack and limit the number of residential units on site. City Engineering is requesting a traffic study be done for the new curb cut along Dr. Martin Luther King, Jr. Street. The Historic Preservation Commission recommends approval. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603: 1. Comprehensive Plan: Policy Plan: This petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006). Objective UD 2.1: Provide incentives to preserve historic buildings in the city; and H 2.1: Provide incentives to renovate and repair older and historic homes. Land Use Plan: The future land use map identifies this area as residential and mixed -use. Plan Implementation /Other Plans: No other plans exist for this area. 2. Current Conditions and Character: This area has developed as residential, with some low- impact commercial uses. 3. Most Desirable Use: The most desirable use is one that will best preserve and maintain the residential character of the building and of the neighborhood. 4. Conservation of Property Values: Surrounding property values should not be adversely affected by the conversion of this site allow for limited commercial and residential uses. 5. Responsible Development And Growth: It is responsible development and growth to allow this historic site to be rehabilitated and developed as a multi - family and office building. Combined Public Bearing: The petitioner is requesting the following variances: 1) from the required minimum 30 parking spaces to 13; 2) from the required minimum parking stall depth of 20' to 18'; 3) from the required minimum drive aisle width of 24' to 22'; 4) from the maximum allowable 40' building height to 46; and 5) from the required landscaping of required perimeter yards to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The approval of the parking lot configuration is contingent upon a traffic study being completed, which will ensure public safety. APC # 2781 -16 Page 2 of 3 Staff Report 5/5/2016 (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The value of the adjacent commercial property should not be adversely affected since no landscaping currently exists along the west property line. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The layout of the site prevents installation of all required landscaping and parking dimensions without making major site and structural modifications. The height of the existing building cannot be practically modified. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and 5 variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Staff recommends approval of the variances, subject to providing perimeter landscaping along the east and south lot lines. Analysis: Rezoning to the MU Mixed Use District will allow for the adaptive reuse of this former single family mansion while maintaining the historic character of the structure. APC # 2781 -16 Page 3 of 3 ul - r � l Fi Aw, - Tk� � J 1 {{ ' a 'X� C) Rezoning from. CITY OF SOUTH BEND. "MF1" URBAN CORRIDOR MULTIFAMILY ICT to "MU MD(ED USE DISTRICT Filed in Clerk's Office MASTER ZONING KEY SOUTH BEND "SF2 "SINGLE FAMILYAND TWO FAMILYDISTRICi ? SOUTH BEhID "61F1" URBAN CORRIDOR MU LTIFAM ILY DISTRICT SOUTH BEND "0B "OFFICE BUFFER DISTRICT SOUTH BEND "O "OFFICE DISTRICT MAY I E ���18M t�t#eet CITYCLERK. S©uzN R;:Nn 1M X-1Cw nt Projecls20jb)j6007 -nzer B*jtl g'wsvuculPm itePhAq, 5=162.46:30 PM, kilt I " 0 :0 0 M M z z X i I l A� 1 � f i 1 l m t �_ CK) m i 11 N 7C F m €i -0 Z 7° $ to 0 o _ H i I l A� 1 � f i 1 l m t �_ CK) m i 11 N 7C F a Z 7° $ z ~=mom rmo ..P. tT Q �ea -,8 M04 D 41 F _�m1 Z April 6, 2016 Area Plan Commission of St. Joseph County, IN 1140 County -City Bldg., 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Variances as described below: Parking lot with 13 spaces instead of the required 30 spaces for Indiana Landmarks 402 W. Washington South Bend, IN 46601 Dear Commission Members: page 1 Indiana Landmarks requests consideration of Variances described as follows: Parking lot with 13 spaces instead of the required 30 spaces for the property at 803 W. Washington, South Bend, IN 46615 The variance is requested for a new parking lot containing 13 parking spaces (with two accessible spaces) per the attached proposed site plan. Per Section 21 -07.04 (Off- Street Parking Regulations) we would be required to provide 30 parking spaces for the proposed building use (see calculations on attached Site Plan C1.0). The required parking spaces are dictated by the use of the building, Office, and the meeting /gallery space use on the first floor. This gallery/meeting space would be primarily used after hours, when the office space is not being used. The attached Site Plan C1.0 also shows additional spaces on Washington and Chapin Streets, and overflow parking lot West on Washington Street. In accordance with requirements for variances, under the present zoning, the following is acknowledged that: a. The approval will not be injurious to the public health, safety, morals and general welfare of the community; The proposed remodel entails a conversion of the existing three -st[ndF _ residential apartment property into a business property with offices meeting /gallery space on the first floor, and offices and /or residenti d In Clerk's Office and third floors and office and apartment in the carriage house. APR 0 6 2016 K L REEMAH FOWLER ARCHIT ECTURE ERK, SOUTH BEND, IN PLANNING www.ldla,cWecture.com 1126 LINCOLNWAY EAST SOUTH BEND IN 46601 (574) 288.2654 VOICE 288. 2420 FAX - page 2 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; This project serves as a transition between the residential neighborhood to the east and the multi -use facilities to the west. The business immediately west of the project site is a multi -use commercial /residential building. Across the street to the south is the Oliver Mansion/ History Museum, a multi -use facility with meeting space, offices and museum. Other multi -use buildings exist to the west such as the Notre Dame Center for Art and Culture and the Civil Rights Heritage Center. The gallery/meeting space will be primarily used after hours with the office spaces used during normal daytime hours. There will also be parking lot screening provided at this rear parking lot and overall landscape improvements, per the attached plans. c. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property; The strict application of this Ordinance would only allow for part of this building to be used for the intended office and meeting use. On behalf of the Owners, Indiana Landmarks, thank you for considering the variance requests. Sincerely, Wv Gregory A. Kil, NCARB, AIA Architect Kil Architecture / Planning 1126 Lincolnway East South Bend, IN 46601 Phone (574) 288 -2654 Fax (574) 289 -2420 Cc: Todd Zeiger file K I L ARCHITECTURE PLANNING wwwAlar0deeture.com 1126 LINCOLNWAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX April 8, 2016 Area Plan Commission of St. Joseph County 1140 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Area Plan, I am writing today to express support of the petition by Indiana Landmarks to rezone the historic Kizer house at 803 W. Washington. It is currently zoned multi- family and the owner is requesting a mixed use zoning to allow use for office, meeting space and housing. I am also in support of their associated request for a parking variance from the required 30 on -site spaces to 13 and use of existing and created on- street parking. The proposed plan will be a great improvement to the neighborhood by allowing the elimination of haphazard and overwhelming amount of concrete in the front and side yards of the property and elimination of two dangerous entrances. As an 37year resident of the W. Washington neighborhood I have witnessed first -hand the negative impact the multi - family use of the Kizer House has had on the area. Indiana Landmarks is a well- respected organization with a proven track record bringing positive new uses to very problematic properties around the State. The proposal by Indiana Landmarks is a positive change and one that will benefit the neighborhood. Their proposed on -street parking will not cause any hardships for residents of the area. In the interest of full disclosure, I would like to share that I have been employed by Indiana Landmarks for the last ten years. Based on my first knowledge of the upcoming rehab, I know that Indiana Landmarks will take what was once a substandard and deteriorated property and turn it into the showplace of the West Washington Historic District. It is my hope that the Area Plan Commission will give serious consideration to the rezoning that is being proposed by Indiana Landmarks for their property at 803 W. Washington Street in South Bend. Sincerely, Paul Hayden, Owner 705 W. Washington St South Bend, IN 46601 Filed in Clerk's Office EAA 8 203 6 KAREEMAH FOWLER CITYCLERK, SOUTH BEND, IN FILE APR 15 2016 AREA PLAN C% MISSION APPLICATION NO.S� —/t April 11, 2016 Area Plan Commission of St. Joseph County 1140 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Commissioners, "s INS �mm- THE HISTORY MUSEUM discover. experience. immerse. I am writing today to express unequivocal support by The History Museum for the petition by Indiana Landmarks to rezone the historic Kizer house at 803 W. Washington from its current multi - family zoning to a mixed use zoning io allow its use for office, meeting space and house. We favor this change as a positive development for the West Washington neighborhood. This wonderful house has had a checkered past and we welcome Indiana Landmarks' acquisition and restoration of this neighborhood anchor building. The History Museum also supports Indiana Landmarks' request for an associated parking variance from the required 30 spaces on site to 13 on -site spaces. To that end, The History Museum supports the removal of the "No Parking" designation in front of the Oliver Gardens as noted on their submission C1.3, Block Plan as well as use of the existing parking along Chapin Street. We are also favorable to entering into a shared use agreement for the 22 spaces in our western most parking lot also noted on C 1.3. We are confident that we can coordinate our limited use of that overflow parking with the occasional needs of Indiana Landmarks. We have allowed such parking for past events and don't see any issues with similar use in the future. The parking variance will allow Indiana Landmarks to remove the negative sea of concrete that currently covers the front and side yards, compactly handle and create screened parking in the rear of the property, eliminate two dangerous entrances on W. Washington Street and reestablish the street presence for the property. The proposal for the repurposing of the Kizer house is a very po restoration of the exterior will enhance the vista from the Oliver West Washington Street and the planned use of the building add concern held by its neighbors. Sincerely, Randy W. Ray Executive Dire r ansi�#QAA WA Of C8 ses a MAY "I'll ZQ16 KAREEMAH FOWLER CRY CLERK, SOUTH BEND, IN FILEn APR 15 2016 AIVAA PLAN COMW1SSION 808 West Washington Street South Bend, Indiana 46601 574.235.9664 historymuseumSB.org Owned and operated by the Northern Indiana Historical Society April 14, 2016 Area Plan Commission of St. Joseph County 1140 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Area Plan, I support the petition submitted by Indiana Landmarks to rezone the historic Kizer house at 803 W. Washington from its current multi - family zoning to a mixed use zoning to allow use for office, meeting space and housing. Kizer house is a large building on a relatively small parcel and therefore in order to proceed with its redevelopment, a parking variance from the required 30 on -site spaces to 13 and use of existing and created on- street parking is necessary. Therefore I also support the parking variance that was submitted by Indiana Landmarks. It is my understanding that the street parking will be available to more than just the Kizer house, particularly since some of the counted parking spaces are directly in front of other businesses and in front of the History Museum. I have lived three short blocks from the Kizer house since 1979 and have seen its neglect and dubious uses over the past 37 years. (I witnessed the fire all those many years ago.) I am very pleased that an established and respected organization, Indiana Landmarks, has taken the project under its care. Their work on the Kizer house and long term plan for its use and management will make a major, positive impact on the neighborhood. It is my hope that they will be able to keep the number of tenants to a minimum but also generate a positive operating cash flow for the building. The Kizer house is in a very visible and prominent location in our neighborhood. It is very exciting that at last it will return to a use and conditio i thaWk TCft Se � west side neighborhood. Sincerely, E11A8 Dea Jean Andrews KAREEMAH FOWLER 223 N. Scott Street I CrTYCL.ERK. SOUTH BEND, IN South Bend, IN 46601 FILED APR 15 2016 AREA PLAN COMMISSION _ South Bend Heritage Phone 574 -280 -1066 Fax .5;4 289 -4.550 w%.nysbhentage.org Bog Lincoln Way Nest South Bend. IN 46616 4.14.16 Area Plan Commission of St. Joseph County 1140 County -City Building 227 W. Jefferson Blvd. South Bend, EN 46601 Dear Area Plan, As Executive Director of South Bend Heritage Foundation I am writing today to express my strppar`1 €ur the petition by Indiana Landmarks to rezone the historic Kizer house at 803 W. Washington from its current multi- family zoning to a mixed use zoning to allow its use for office, meeting space and housing. On behalf of the South Bend Heritage Foundation board I support this proposal as a positive development for the W. Washington neighborhood — a neighborhood we have been working; for decades to revitalize. We also support the proposal as an adjacent property owner with our property at Dunbar Corner and a recent acquisition of the house at 816 Colfax street - a property that abuts the Kizer house site to the north. The Kizer house has beem a long time problem property in our area and the proposal by Indiana Landmarks i.a a good solution by well- respected organization with a strong track record of bringing positive change to such difficult properties around the State. We also support their request for an associated parking variance from the required 30 spaces on site to 13 on -site spaces with the associated plan to utilize existing or newly created on- street parking. The parking variance will allow Indiana Landmarks to remove the concrete that currently covers the front and side yards, compactly handle and create screened parking in the rear of the property, eliminate two dangerous entrances on W. Washington Street and reestablish the street presence for the property. We are confident that Indiana Landmarks will maintain its commitment to redevelop the Kizer House as proposed and inform the neighborhood and others if changes to their plans are required. Sinc rely, 00ar—_ Marco Marian Executive Director N elghborW rkv CHARTERED MEMBER Fled in Clerk's Office MAY 1 8 9016 KAREEIvMAH FOWLER CITY CLERK, SOUTH BEND, IN FILED APR 15 2016 AREA PLAN COMMISSION AWUCATI% NO, Page 1 of 2 Matthew Chappuies - Kisser House and Landmark's Plan for it. From: Noreen Moran Deane -Moran <ndeanemo @nd.edu> To: <mchappui @co.st joseph.in.us> Fled in Clerk's Office Date: 4/16/2016 11:32 PM Subject: Kisser House and Landmark's Plan for it. Cc: Todd Zeiger <tzeiger @indianalandmarks.org> MAY '18 ?t1 6 KAREEMAH FOWLER Mr. Mathew Chappuies L CITY CLERK, SOUTH BEND, IN Area Plan Commission of St. Joseph County L - 1140 County City Building 227 West Jefferson Blvd APR 1$ 2016 South Bend, Indiana 46601 AREA PLAN COMMISSION Dear Mr Chappuies,r°�i_;T +r� ►. I am writing today to express support of the petition of Indiana Landmarks to rezone the historic Kizer House at 803 West Washington from its current multi - family zoning to a mixed use zoning to allow for Landmark's office space and other use which will become more clear after Mr. Zeiger gives a presentation to the Near West Side Neighborhood Organization. I am also in support of their associated request for a parking variance from the required thirty on -site spaces to thirteen and use of some created on street parking. At this juncture, however, I am unsure of the parking arrangements possibly proposed for the front of the two buildings at that particular part of West Washington and its peculiar traffic management situation. I am sure that further discussion will clarify that particular issue. The proposed plan will certainly be an improvement by eliminating the large amount of front yard concrete and the elimination of two dangerous entrances. The house is an interesting one, and we were all very happy when the most recent couple purchased it and seemed to ensure its rehabilitation and historic placement. Unfortunately, that, ultimately, did not work out. Single family would have been a nice stability and addition to the predominant zoning, but given several elements, that perhaps is highly unlikely at this point, and Landmarks is most likely to rehabilitate the physical structure and find a use in keeping with the neighborhood. As a fifty -three (53) year resident of West Colfax Avenue, and thus the West Washington Historic District, I certainly have witnessed first hand the negative impact the house had in its previous ownership by Mr. Freidline. The drug dealing was legion, and after the fairly large fire, the rehabilitation by the owner was less than desirable. As we were able to narrow what had formerly been the inner belt, we were excited and hopeful for a positive change. It would seem at this point, that Landmarks is presenting a proposal that will bring positive change to the building and, thus, increase the stability of the neighborhood. In terms of parking plans, I await a clearer vision of the situation and depend on your expertise in analyzing the situation. Permission to use Museum parking seems to be a valid solution. The proposed angle parking might also be, but I don't know how those spaces an be reserved or what the legal plan is. I think the spaces directly involved with the parking lot of the building should be sufficient, but, as previously mentioned, I do have questions about front W. Washington use of space and any alteration there. On West Colfax, we have situations with the Bed and Breakfast which file: / / /C:/ Users /MChappui /AppData/ Local / Temp/ XPgrpwise /5712CB97IntemalPLEXISP... 4/18/2016 Page 2 of 2 seems to think it can regulate on the street parking which, legally, is open to all residents and not specifically reserved for any property owner. I only mention these questions because I still have them. The landscape plans I have seen seem very appropriate and certainly will give a more elegant and pleasant ambiance. Obviously, I have lived in the neighborhood for a veery long time. When I first came, it had a large apartment building on West Colfax and mostly multi - family reuse of homes. Gradually, through the work of those who wanted to live in that very neighborhood, their energy and work and the more gentle passage of time has improved the look and vitality of the neighborhood. We see and hope that Landmarks' plan for the Kizer house will be a very positive piece in this puzzle. Sincerely, Noreen Deane -Moran 716 West Colfax Avenue South Bend, Indiana 46601 574 -631 -7315 fi le:/I/C:/ Users /MChappui /AppData /Local / Temp/ XPgrpwise /5712CB97InternalPLEXISP... 4/18/2016 Bill No. 22 -16 LAWRENCE P. MAGLIOZZI GXGCUTIVF DIRFCTOR Angela M. Smith 3C D,put,Dirvct- AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JLFFLRSOX BLVD., ROOM 1140 COU\ -I�Y -CITY BUILDI \Ci, SOUTH BL \D, INDIANA +6601 (557+) 2355-9371 May 18, 2016 South Bend Common Council 4`J1 Floor, County -City Building South Bend, IN 46601 RE: Bill #22 -16 Rezoning: 6100 Nimtz Parkway Dear Council Members: The Area Plan Commission held a public hearing on May 17, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, May 23, 2016. Ordinance & Petition Amendments: None at this time. Public Hearing Summary: There was no one that spoke in favor /opposition to the proposed rezoning. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, Keith Chapman, Planner CC: Kathleen Cekanski- Farrand Filed in Clerk's office MAY 18 ?a16 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W. S T I O S E P H C O U N T Y INDIANA C O M/ A R E A P L A N LAWRENCE P. MAGLIOZZI EXEC I "IVE DI RECI OR Angela M. Smith Deputy Di—t- AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -4571 Wednesday, May 18, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Acquisition Group, LLC and to zone from LI Light Industrial District to CB Community Business District and seeking a Special Use to allow a golf course, and seeking the following variance(s): 1) From the maximum allowable 50' building height to 80' 2) From the required 9 interior parking area landscape islands to none., property located at 6100 Nimtz Parkway, City of South Bend - APC# 2779 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Acquisition Group, LLC was legally advertised on Thursday, May 05, 2016 and that the Area Plan Commission at its public hearing on Tuesday, May 17, 2016 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a proposed ordinance of Acquisition Group, LLC to zone from LI Light Industrial District to CB Community Business District, property located at 6100 Nimtz Parkway, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation subject to Written Commitments that the following uses, as specified in the Declaration of Protective Covenants & Restrictions of the Blackthorn Corporate Park, shall be prohibited: 1) noxious, toxic or corrosive fumes, gases, or discharges; 2) smoke or offensive odors; 3) ground conditions which will produce dust; 4) noise and/or vibration; 5) intense glare or heat; 6) outdoor storage of any type; 7) drive -up facilities of any type; 8) convenience stores and gas stations, or any type of automotive service; 9) adult uses, as defined by the South Bend Municipal Code; and 10) outdoor advertising signs, commonly referred to as billboards.. This rezoning will allow for the need to provide commercial development that supports the uses within the Blackthorn Corporate Office Park to be fulfilled. Adequate screening and low lying topography will reduce the impact on the surrounding properties, limiting the effect of the hotel's height. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CCSERVINdL¢qu1$itimCatolkpTLIsCUTH BEND, LAKEVILLE, NEW CARLISLE, NO Fled in Clerk's Office MAY 18 ?nlfi KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN W W W. STJ OS E PH C 0 U NTY IND I ANA. C OMIAREAPLAN Bill No. 2213ill No. 20 -16 -16 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 6100 NIMTZ PARKWAY, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To allow a hotel and recreation area adjacent to Blackthorn Golf Course 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 Lot Numbered Seven "A" (7A) as shown on the recorded plat of Blackthorn Corporate Office Park, Minor #10 and Blackthorn Corporate Office Park, First Replat Recorded July 19, 2006 as Instrument Number 0630469 in the Office of the Recorder of Saint Joseph County, Indiana, more particularly descibed as follows: Beginning at the Northwest corner of said Lot 7A, thence S89 °47'23 "E, along the North line of said Lot 7A, a distance of 329.80 feet; thence N86 003'23 "E, along the North line of said Lot 7A, a distance of 829.78 feet; thence S00 °08'55 "W a distance of 140.00 feet; thence S64 004'20 "W, a distance of 1342.84 feet; thence NO °18'46 °E a distance of 215.97 feet; thence N04 041'34 "E, a distance of 249.40 feet; thence S89 047'23 "E a distance of 24.32 feet; and thence N00 012'37 °E a distance of 206.90 feet to the point of beginning, containing 10.65 acres, more or less. be and the same is hereby established as CB Community Business. SECTION II. That a Special Exception for a Recreation Use in a CB Community Business District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk 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. , Y* RthDINIG PUBLIC 1-1;: 3 rd REACii; NOT APPROYc_ REFERRED PASSED Mayor, City of South Bend, Indiana Filed in Clerk's Office APR 0 6 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 6100 Nimtz Parkway South Bend, IN 46628 2) The property Tax Key Number(s) is /are: 025 -1018- 062406 3) Legal Descriptions: [Enterfulllegal description] 4) Total Site Area: 10.65 Acres +/- 5) Name and address of property owner(s) of the petition site: Acquisition Group, LLC 124 North Sunnyside Avenue South Bend, IN 46617 574- 210 -5032 t im @blackthorngolf. com Name and address of additional property owners, if applicable: N/A 6) Name and address of contingent purchaser(s), if applicable: Blackthorn Hotel and Golf Club, LLC 6100 Nimtz Parkway South Bend, IN46628 574- 210 -5032 tim @blactkhorngolf. com Name and address of additional property owners, if applicable: N/A 7) It is desired and requested that this property be rezoned: From: LI Light Industrial District Additional zoning district, if applicable To: CB Community Business District 8) This rezoning is requested to allow the following use(s): Hotel and Recreation I Filed in Clerk's OffiCe IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section) I APR 0 6 2016 1) List each variance being requested. Contact Commission Staff if you need a sistanKAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: See Attachment (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; and: See Attachment (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See Attachment IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: Recreation Use 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: The property to be re -zoned is presently used far Recreation (Golf Course) (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The property to be re -zoned is presently used for Recreation (Golf Course) (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: The adjacent property to remain as "LI -Light Industrial" is presently used for Recreation (Blackthorn Golf Club) (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Proposed uses support Tourism and Economic Development in the City, offering both lodging and recreation options. * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Abonmarche Consultants, Inc. (c% Brian McMorroly) 750 Lincoln Way East South Bend, IN 46601 574- 203 -9523 biticitiorrou,@aboiit)iw-che.com BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signatures) of� all prroperry owner(s), or signature of Attorney for all property owner(s): ATTACHMENT— Variances Rezoning Petition by Acquisition Group, LLC (Owner) 6100 Nimtz Parkway, South Bend, IN 46628 21 -03.05 (b) (4): Proposing to construct a 6 -story Hotel building as high as 80, whereas a maximum of fifty feet (50') is permitted in the "CB- District ". The approval will not be injurious to the public health, safety, morals and general welfare of the community because it will be constructed in strict accordance with currently published building codes and the use will help to promote economic development and tourism in South Bend and the region. 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, as currently zoned, the building could be as high as 85'. The strict application of the terms of this Ordinance provision would result in practical difficulties in the use of the property because the existing topography is such that a larger building footprint would unnecessarily disturb more open space than is necessary. 21 -07.01 (d) (1): Proposing less than one (1) interior landscape island for every fifteen (15) parking spaces, as otherwise required The approval will not be injurious to the public health, safety, morals and general welfare of the community because the parking lot will otherwise meet all currently published rules, regulations and standards. 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 proposing the parking lot with a "compact" footprint will aid in screening in from adjoining properties. The strict application of the terms of this Ordinance provision would result in practical difficulties in the use of the property because we are attempting to minimize walking distance for hotel guests, while providing ample screening from adjoining properties and public right -of -way by preserving existing mature vegetation. 21 -07.03 (d) (1) (D) i.b.: Proposing two (2) monument signs within the public right -of -way of Nimtz Parkway, whereas said signs should have a minimum setback of five feet (5') from the right -of -way. The approval will not be injurious to the public health, safety, morals and general welfare of the community because the proposed monument signs will provide appropriate guidance and identification for guests and be otherwise designed to comply with the signage design standards set forth in the City of South Bend Code and by the Blackthorn Corporate Park. 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 proposed monument signs will be designed in accordance with the signage design standards of the Blackthorn Corporate Park, within which the Hotel will be situated. The strict application of the terms of this Ordinance provision would result in practical difficulties in the use of the property because placing the monument signs at least 5' back from the right -of -way not allow the signs to be viewed from the access drive (which happens to be within the public right -of -way of Nimtz Parkway). Staff Report 5/5/2016 APC # 2779 -16 Owner: Acquisition Group, LLC Location: 6100 Nimtz Parkway Jurisdiction: City of South Bend Public Hearing Date: 5/17/2016 Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District. Land Uses and Zoning: On site: On site is a golf course zoned LI Light Industrial District. North: To the north across F.J. Nimtz Parkway are two vacant lots and an office building zoned O Office District. East: To the east is the Blackthorn Golf Course Clubhouse zoned O Office District. South: To the south is the airport zoned LI Light Industrial. West: To the west across the U.S. 31 bypass is farmland zoned LI Light District Uses and Development Standards: The CB - Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: This site consists of two proposed lots, totaling 10.65 acres. A 74,575 square foot hotel is proposed for one of the lots. The second lot will continue to be used as a golf course. The proposed parking lot will consist of 126 spaces with no landscape islands shown. The site plan proposes an 80', 6 story hotel with 120 guest rooms. Zoning and Land Use History And Trends: This property has been zoned industrial since 1980. Traffic and Transportation Considerations: Nimtz Parkway has four lanes. Utilities: This site will be served by municipal sewer and water. Agency Comments: The County Surveyor and the Department of Community Investment recommend approval. The City Engineer recommends approval and commented that the access drive and its approach on Nimtz Parkway are on INDOT right -of -way. It is recommended that the applicant work to resolve any potential issues that might arise from INDOT's perspective. Commitments: The staff is requesting written commitments that the following uses, as specified in the Declaration of Protective Covenants & Restrictions of the Blackthorn Corporate Park, shall be prohibited: 1) noxious, toxic or corrosive fumes, gases, or discharges; 2) smoke or offensive odors; 3) ground conditions which will produce dust; 4) noise and/or vibration; APC # 2779 -16 Page 1 of 3 Staff Report 5/5/2016 5)intense glare or heat; 6) outdoor storage of any type; 7) drive -up facilities of any type; 8) convenience stores and gas stations, or any type of automotive service; 9) adult uses, as defined by the South Bend Municipal Code; and 10) outdoor advertising signs, commonly referred to as billboards. Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603: 1. Comprehensive Plan: Policy Plan: This petition is consistent with City Plan, South Bend Comprehensive Plan (November, 2006); Policy F 9.9: Increase the amount of revenue generated from tourism. Land Use Plan: The future land use map identifies this area as parks & open spaces. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Currently, the Blackthorn Industrial Park has a mix of office and industrial uses, as well as a golf course. 3. Most Desirable Use: The most desirable use for this property is one that promotes economic sustainability for the area and can fully utilize the nearby interstate access. 4. Conservation of Property Values: Based on the existing office and industrial nature of the area, surrounding property values should not be adversely affected by any uses permitted within the CB Commercial Business zoning district provided the development is consistent with the character established by the Blackthorn Corporate Office Park. 5. Responsible Development And Growth: Constructing a hotel in an area that has a mixture of office and industrial uses is responsible growth. Combined Public Hearing: The Petitioner is seeking a Special Exception Use to allow for a: Golf course A Special Exception Use may only be granted upon making a written determination, based upon the evidence presented at a public hearing, (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Continuing to use this site as a golf course 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; The site is currently used as a golf course. There will be no adverse affect on surrounding property values -16 Page 2 of 3 *Staff Report 5/5/2016 (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The character of the district will not change as the site is currently used as a golf course. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is compatible with the Comprehensive Plan to encourage the retention of open spaces for recreational purposes. The petitioner is requesting the following variances: 1) From the maximum allowable 50' building height to 80' 2) From the required 9 interior parking area landscape islands to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. Because the proposed hotel is located in a low lying area and properly screened by trees there should be no adverse effects to the public health, safety, morals and general welfare of the community. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The height of the building will be adequately screened from adjacent properties with the existing vegetation surrounding the perimeter of the property. The use and value of adjacent properties should not be adversely impacted. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Strict application of the Landscape Ordinance would not result in practical difficulties. There is adequate spacing for the required parking islands by either adding trees to the shown greenspace in the parking lot or utilizing the excess parking spaces for parking islands. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and two variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. Recommendation: Based on information available prior to the public hearing, staff recommends this rezoning and special exception use petition be sent to the Common Council with a favorable recommendation subject to the written commitments. Staff recommends the variance for building height be approved, but recommends denial of the variance request for the parking area landscape islands. Analysis: This rezoning will allow for the need to provide commercial development that supports the uses within the Blackthorn Corporate Office Park to be fulfilled. Adequate screening and low lying topography will reduce the impact on the surrounding properties, limiting the effect of the hotel's height. APC # 2779 -16 Yage 3 of J m E I r Y ' t _ j4 r ��iy. � y � � t. � •ask -v,ci .��,,,3h�y 4 ■ z h f Y i r q 'i' I Y LL on TV- p ..� Y =i Y •, � /.µat' � - 5- iY ` -�*■ � '� f, 4 s8. � ; ��" .• Yom' tom: , � Rezoning from; CITY OF SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT N W E MASTER ZONING KEY 8 SOUTH BEND "O° OFFICE DISTRICT 1 inch = 400 feet SOUTH BEND -'CB- COM MUNITY BUSINESS DISTRICT 779- SOUTH 8 END 'L' LIGHT INDUSTRIA L DISTRICT RU-N8£1-OZ '03S _ � NMid Hi3Wd0'6A3E all$ E!, s g��sa"g s $ `o N 8 �EN Zl 1S101'MVJ30Nd031"0J000NHOHID0tl13 t $. i—v%3 8s °a x ;? 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U Ill r te N 0 tY cj- Q Z w m Y J U U CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director May 9, 2016 Mr. Tim Scott Council President, South Bend Common Council 0' Floor, County -City Building South Bend, IN 46601 Re: Bill #23 -16 Substitute Version Dear Council President Tim Scott, Bill No. 23 -16 On April 20, 2016, I, Patrick C. Kerr, City Engineer filed Bill #23 -16, which an ordinance proposing to include new rules and regulations for assessment of installation charges. That Bill, based upon further review, would benefit from additional language. Notable substitutions to the original Bill are as follows: 1) Multi - Family properties were improperly omitted from water assessment installation charges, so language was modified to include these property types. 2) Compact fees, where applicable, shall be charged only for sewer main line connections and not water main connections. 3) It shall be the City's right to retain previously collected assessment fees. I am now filing a Substitute Bill #23 -16 which codifies these additions among several minor clerical changes to the original submission which proposes new rules and regulations for assessment of installation charges. Included in this submission is also a highlighted markup of the substitution bill that clarifies the substitutions being made to the original Bill. As before, either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this Substitute Bill. Sinc , �.0 atrick C. Kerr, PhD, PE City Engineer Cc: Legal Department Eric Horvath Filed in Clerk's Office MAY u u 2016 KAREEMAH FOWLER CITY CLERK. SOUTH BEND, IN :311101 . Substitute Bill No. 23 -16 Ordinance No. -16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES STATEMENT OF PURPOSE AND INTENT Chapter 17, Article 10 of the South Bend Municipal Code (the Code) contains sections involving construction fees for water and sewer installation. In particular, it addresses assessment of installation charges, which are fees intended to recoup the city's investment in the installation of water mains and sewers. Users wishing to connect to the system are charged a standard rate based on the size and /or dimension of their property. The purpose of this ordinance is to establish an effective date for the below mentioned assessments and to add language so that fees are only required of users wishing to connect to water mains and sewers constructed and funded by the City with the expectation of recoupment by the City. Essentially, the current ordinance requires assessment fees of all connections and does not differentiate between utilities installed by the City or a private developer or whether the utilities were installed by the City as part of an economic development agreement. This ordinance will clearly define exemptions for assessment charge and establish an effective date for implementation. In addition, it simplifies the presentation of the fee structure so as to reduce confusion. No -vv, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 17, Article 10 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -79. -Water main lines within Cit- y limits; uniform assessment of installation charges. (a) City residential itater main charges. All owners of single family residential property located within the corporate limits of the City. except as defined by Sec. 17 -87, shall be assessed a proportionate share of the cost of water main line installation computed at twenty -three dollars and seventy -five cents ($23.75) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, at a total maximum rate of two thousand dollars ($2,000.00) per single family residential parcel. (b) All other City property owners (1) All owners of property used for purposes other than single family residential ° el oF industfial p es located within the corporate limits of the City,, except as defined by Sec. 17 -87, using twelve -inch diameter or larger main lines shall be assessed a proportionate share of the cost of water main line installation computed at the rate of thirty dollars and fifty -three cents ($30.53) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, �l which assessment is not subject to a maximum rate cap. (2) All - owners -of real pr-epe.i4y lee.t d _thin the eer-pere4e lifnit_ of the !"45 t as defined 1, See. 17 47 used for- „l „,a. str .,1 purposes who water. main lines in exeess of twelve ineh diameter- shall be assessed st.,el nest based en time anti m..ter:nls i (3) All owners of property used for purposes other than single family residential al ^ adustr4al „ s located within the corporate limits of the City, except as defined by Sec. 17 -87. using water main lines less than twelve -inch diameter shall be assessed the same rate as residential users, that is twenty -three dollars and seventy -five cents ($23.75) per lineal foot (LF) without the maximum rate cap. (4) All assessments under this Section will be calculated based upon the property frontage from which the water main line is connected. Sec. 17 -80. - Water main line outside City limits; uniform assessment of installation charges. (a) Non -City residential water main charges. All owners of single family residential property located outside the corporate limits of the City of South Bend. except as defined by Sec. 17- 87, shall be assessed a proportionate share of the cost of water main line installation computed at twenty -eight dollars and fifty cents ($28.50) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel. which assessment is not subject to a maximum rate cap. (b) All other City properly ou,ners Non (1) All owners of property used for purposes other than single family residential eommer-cial ^ in dust .. located outside the corporate limits of the City, except as defined by Sec. 17 -87. using twelve -inch diameter or larger main lines shall be assessed a proportionate share of the cost of water main line installation computed at the rate of thirty -six dollars and sixty -four cents ($36.64) per lineal foot (LF) of that water main line which is installed alons the boundary of such parcel, which assessment is not subject to a maximum rate cap. (2) l- 6wiier --s ef real Ft. le „tea tside the eta limits of the G e t g� defined bv See. 17 97.. used for eenimeFeial E)r- industr-ial pu ases who F main lines in exeess eff-tv,-elvee ineeh diametef: shall be assess iate share LZit T. a.zc„ee w of the t of the at main 1: installation computed .,t the st based a time and materials, plus an additional ten (10) petee... eests to the Gity asseeiated with eh extension. This assessmen! is of sub' t., ate eap (3) All owners of property used for purposes other than single family residential eommeFeial or- ifidustr-ial purposes located outside the corporate limits of the City, except as defined by Sec. 17 -87. using water main lines less than twelve -inch 2 diameter shall be assessed the same rate as non -City residential users, that is twenty - eight dollars and fifty cents ($28.50) per lineal foot (U), with no maximum rate cap. (4) All assessments under this Section will be calculated based upon the property frontage from which the water main line is connected. Sec. 17 -81. - Sewer main line; uniform assessment of installation charges inside and outside City. The sewer main line installation charge shall be assessed on a per square foot basis of property owned and applies to all property owners except as defined by Sec. 17 -87, whether residential, commercial or industrial. However, owners of single family residential real property located within the corporate limits of the City shall be limited to a maximum charge of three thousand dollars ($3,000.00) per single family residential tract. The rates below are rates for user /property owners inside the City limits as follows: c+oig a rzleek ReA i&R V4 45 -,Q� 0-2-8 next 50,000 s next 50-000 s 044 next 50,000 8 4." 8:04 I Area of Property 1 Sewer Assessment of Installation Charge 0 to 25,000 SF $0.28 per SF 25,001 to 75,000 SF $7,000 plus $0.22 per SF over 25,000 SF up to 75,000 SF 75,001 to 125,000 SF $18,000 plus $0.14 per SF over 75,000 SF up to 125,000 SF 125,001 to 175,000 SF $25,000 plus $0.08 per SF over 125,000 SF up to 175,000 SF over 175,000 SF $29,000 plus $0.04 per SF over 175,000 SF for the first 175,000 square feet plus $1,000 for the remaining 25,000 square feet. Non -City user installation assessment -110% of above rates with no cap. Sec. 17 -82. - Effective date of charge assessment. 3 All charges and rates fixed by this article shall be effective at the time that connection is made from the owner's property to the City sewer and/or water main line(s). The rates set forth in this article are separate and distinct from usage rates, tap and other non- recurring charges, water and sewer service fund charges, availability fees, and other similar charges provided elsewhere under this chapter. Sec. 17 -83. - Owner responsible for connection costs to main line. All costs or charges for making the physical connection from the affected real property to the City- installed sewer or water main line shall be the responsibility of the owner, and these are separate and distinct from the charges set forth in this article. The property owner shall engage a licensed plumber to make any such lateral connection from the sewer and /or water main line to the property or building. All such materials and installations shall be in compliance with Engineering Department standards and any applicable Building or Plumbing Code. Sec. 17 -84. - Party responsible for payment of charge. The current owner of the property as determined by the record of deeds in the Office of the Recorder of St. Joseph County shall be responsible and liable for the sewer and /or water installation construction charges required by this article. Sec. 17 -85. - Methods of payment; prepayment with discount; installment plan. (a) The property owner may pay all charges in full prior to time the installation work is commenced. Prepayment of expenses in advance under this section shall entitle the owner to a ten (10) percent discount of the total charge. (b) A single family residential real property owner may pay the charges under this article by sixty (60) monthly installment payments with interest at the rate of two (2) percent below the City's prime borrowing rate established by the Board of Public Works by December 1 of each year for the following calendar year. The interest at the commencement of the residential owner's sixty -month payment plan shall be constant throughout the sixty -month term. The installment payment under this section shall be added to the monthly sewer /water bill and paid in the same manner and under the same conditions as the monthly water service charges. However. a subsequent owner shall pay in a lump sum at the time of sale of the water and or sewer served real property any balance remaining on the previous owner's obligation for sewer and /or \rater main extensions under this section. (c) Notwithstanding the foregoing, an owner of vacant real property served by a sewer and /or water main installed by the City shall fully assume and pay the maximum construction charge assessable under this article upon construction of any improvement to the vacant land. If the land is in the Cite limits at commencement of construction. City rates shall apply. If the land is outside City limits at the commencement of construction, non -City rates shall apply. However. the Board of Public Works may make exceptions for an owner of real property outside the City who qualifies for annexation to the City under the requirements of state statute (IC 36 -4 -3 -1 et seq.) and who has irrevocably petitioned for annexation contemporaneously with hook -up to municipal utility lines. 4 Sec. 17-86. - Waiver of annexation and City compact fees. (a) Notwithstanding anything to the contrary contained herein, the effective date of this Section 17 -86 shall remain June 3 2002. (b) In consideration for the City's extension of sewer and/or water main lines to areas outside City limits, the owner of any such real property located outside City limits who wishes to connect to a City main line shall execute a waiver of right to remonstrate demeastfate against annexation as a condition of tapping into the City's main line. (c) Effective January 1, 2017, aAs a further condition of a non -City resident tap into City sewer der -urn main lines, an owner of real property situated outside the City limits shall pay a compact fee annually to the City for that ene (1) utility (whether- sewer- er- watef serviee) which compact fee is thirty (30) percent of the difference between the County and City effective property tax rates. If two (2) utilities (both o and wa*y. e) "' Sec. 17 -87. - Pflo r ^ AU w+,..,ets anaffeeted Exemptions. (a) Owners who have either executed a permit to connect or who connected to the City's sewer or water line prior to July 1, 2016. In cases where the cost of sewer or water installation is covered by an entity other than the City, the Board of Works shall have the authoring to enter into a reimbursement agreement with such entity or waive such assessments outright. Re- connection to City sewer or water main lines constructed on or before July 1, 2016 or properties that have already paid its assessments in full. Sewer or water installation assessments specifically addressed in development ag-reements executed by the Redevelopment Commission may be waived under this Section. (e) The rates set forth in this article shall not apply to user contracts executed with the City prior to the effective date of this article. For all such users, the contract rate shall apply and the terms of the contract shall supersede this article. Notwithstanding anything- contained herein this Chapter 17, Article 10, the City reserves the rig-ht to retain any assessment which has been collected prior to the effective date of this Amendment. Sec. 17 -88. - Board of Works rate modification. The Board of Works shall, as needed, recommend any modification to the rates established in this article to reflect fluctuations in construction costs. 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 any publication required by law. 5 Member of the Common Council Attest: Kareemah Fowler, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the . day of , 2016, at o'clock —.m. Approved and signed by me on the o 'clock . M. Kareemah Fowler, City Clerk day of Pete Buttigieg Mayor of the City of South Ber d, Indiana 2016, at Filed in Ce <`s v1;ie8 I st READING PUBLIC FIEARING 3 rd READING MAY U 9 2016 NOT APPROVED REFERRED 6 °aSSED CITYCLERK, SO! M-A P>!: NiD, IN CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director April 20, 2016 Mr. Tim Scott Council President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amending the South Bend Municipal Code to clarify Assessment of Installation Charges Dear Council President Tim Scott, Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code in Chapter 7, Article 10 that contains sections involving construction fees for water and sewer installation. In particular, it addresses assessment of installation charges, which are fees intended to recoup the city's investment in the installation of new water mains and sewers. Users wishing to connect to the system are charged a standard rate based on the size and /or dimension of their property. The purpose of this ordinance is so that fees are only required of users wishing to connect to water mains and sewers constructed and funded by the City with the expectation of recoupment by the City. Essentially, the current ordinance requires assessment fees of all connections and does not differentiate between utilities installed by the City or a private developer or whether the utilities were installed by the City as part of an economic development agreement. This ordinance will clearly define exemptions for assessment charge. In addition, it simplifies the presentation of the fee structure so as to reduce confusion. Either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincerely, Patrick C. Kerr, PhD, PE City Engineer Filed in Clerk's Mice APR 212016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Bill No. -16 Ordinance No. -16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES STATEMENT OF PURPOSE AND INTENT Chapter 17, Article 10 of the South Bend Municipal Code (the Code) covers construction fees for water and sewer installation. In particular, it addresses assessment of installation charges, which are fees intended to recoup the city's investment in the installation of water mains and sewers. Users wishing to connect to the system are charged a standard rate based on the size and /or dimension of their property. The purpose of this ordinance is to establish an effective date for the below mentioned assessments and to add language so that fees are only required of users wishing to connect to water mains and sewers constructed and funded by the City with the expectation of recoupment by the City. Essentially, the current ordinance requires assessment fees of all connections and does not differentiate between utilities installed by the City or a private developer or whether the utilities were installed by the City as part of an economic development agreement. This ordinance will clearly define exemptions for assessment charge and establish an effective date for implementation. In addition, it simplifies the presentation of the fee structure so as to reduce confusion. Noss, Therefore, Be It Ordained by the Common Council of the Cite of South Bend, Indiana as follows: Section 1. Chapter 17, Article 10 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -79. - Water main lines within City limits; uniform assessment of installation charges. (a) Cily residential hater plain char-es. All owners of single family residential property located within the corporate limits of the City. except as defined by Sec. 17 -87. shall be assessed a proportionate share of the cost of .N ater main line installation computed at twenty -three dollars and seventy -fiye cents (523.75) per lineal foot (I.F) of that water main line xyhich is installed along the boundar} of such parcel. at a total maximum rate of two thousand dollars (S2.000.00) per single family residential parcel. (b) City conpnercial.'indu.%irial ~rater main char -es. (1) All owners of property used for commercial or industrial purposes located within the corporate limits of the City, except as defined by Sec. 17 -87, using twelve -inch diameter or larger main lines shall be assessed a proportionate share of the cost of water main line installation computed at the rate of thirty dollars and fifty -three cents ($30.53) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. as defined b�' See. 17 i used f of eemme -eial of indust-Fial purposes A4 1 water main lines ex-e— ef twelve ineh diametef shall be assessed a prepet4ionate shafe of the east of the water main line installation eemputed at th aetmu ,1 eest based en r;fne a ffd ate fi..1 (3) A11 owners of property used for commercial or industrial purposes located within the corporate limits of the City, except as defined by Sec. 17 -87, using water main lines less than twelve -inch diameter shall be assessed the same rate as residential users, that is twenty -three dollars and seventy -five cents ($23.75) per lineal foot (LF) without the maximum rate cap. (4) All assessments under this Section will be calculated based upon dimensions of the property boundary line from which the water main line is connected Sec. 17 -80. - Water main line outside City limits; uniform assessment of installation charges. (a) Non -Cify residential water main charges. All owners of single family residential property located outside the corporate limits of the City of South Bend, except as defined by Sec. 17- 87, shall be assessed a proportionate share of the cost of water main line installation computed at twenty -eight dollars and fifty cents ($28.50) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. (b) Non -City commercial/indusirial ii7aler• main charges. (1) All owners of property used for commercial or industrial purposes located outside the corporate limits of the City, except as defined by Sec. 17 -87, using twelve -inch diameter or larger main lines shall be assessed a proportionate share of the cost of water main line installation computed at the rate of thirty -six dollars and sixty -four cents ($36.64) per lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which assessment is not subject to a maximum rate cap. defined by See. 17 87. used fei- eemmer-eial or- industrial purposes whe F- ' i main lines in exeess of twelve ineh diametei- shall be assessed a pr-opeftionate shafe of the east of the Nvater- main line installation eemputed at the aetual eest. based On time and matefials, plus, an additional ten (10) per-eefl! for- easts to the Gity asseeiated with sueh extension. Thk I ------ —1—A is H04 subjeet to a maxiffitim rate eap (3) All owners of property used for commercial or industrial purposes located outside the corporate limits of the City, except as defined by Sec. 17 -87 using water main lines less than twelve -inch diameter shall be assessed the same rate as non -City residential users, that is twenty -eight dollars and fifty cents ($28.50) per lineal foot (LF), with no maximum rate cap. (4) All assessments under this Section will be calculated based upon the property frontage from which the water main line is connected. Sec. 17 -81. - Sewer main line; uniform assessment of installation charges inside and outside City. The sewer main line installation charge shall be assessed on a per square foot basis of property owned and applies to all property owners, except as defined by Sec. 17 -87, whether residential, commercial or industrial. However, owners of single family residential real property located within the corporate limits of the City shall be limited to a maximum charge of three thousand dollars ($3,000.00) per single family residential tract. The rates below are rates for user /property owners inside the City limits as follows: Stec- 444eek Rate ($4 } 4:5 7S'z 'vn�f � 048 o)+ 50 ,000 ..f 0-.22 next 505000 sf 0:44 ,x+ 50 ,000 ..f 048 ever- 175,000 ., nnn sf(4 es) 0-84 Area of Property I Sewer Assessment of Installation Charge 0 to 25,000 SF $0.28 per SF 25,001 to 75,000 SF $7,000 plus $0.22 per SF over 25.000 SF up to 75.000 SF 75,001 to 125.000 SF $18.000 plus $0.14 per SF over 75.000 SF up to 125.000 SF 125,001 to 175,000 SF $25,000 plus $0.08 per SF over 125,000 SF up to 175.000 SF over 175.000 SF $29,000 plus $0.04 per SF over 175.000 SF ror purposes of an example. a property ,vitll a 200.000 square feet shall be charged $29.000 for the first 175.000 square feet plus S1.000 for the remaining 25.000 square feet \'on -011- user in.wallation ussessmew -1 10% of abo\ e rates with no cap. Sec. 17 -82. - Effective date of charge assessment. All charges and rates fixed by this article shall be effective at the time that connection is made from the owner's property to the City sewer and /or water main line(s). The rates set forth in this article are separate and distinct from usage rates, tap and other non - recurring charges, water and sewer service fund charges, availability fees, and other similar charges provided elsewhere under this chapter. Sec. 17 -83. - Owner responsible for connection costs to main line. All costs or charges for making the physical connection from the affected real property to the City- installed sewer or water main line shall be the responsibility of the owner, and these are separate and distinct from the charges set forth in this article. The property owner shall engage a licensed plumber to make any such lateral connection from the sewer and /or water main line to the property or building. All such materials and installations shall be in compliance with Engineering Department standards and any applicable Building or Plumbing Code. Sec. 17 -84. - Party responsible for payment of charge. The current owner of the property as determined by the record of deeds in the Office of the Recorder of St. Joseph County shall be responsible and liable for the sewer and /or water installation construction charges required by this article. Sec. 17 -85. - Methods of payment; prepayment with discount; installment plan. (a) The property owner may pay all charges in full prior to time the installation work is commenced. Prepayment of expenses in advance under this section shall entitle the owner to a ten (10) percent discount of the total charge. (b) A single family residential real property owner may pay the charges under this article by sixty (60) monthly installment payments with interest at the rate of two (2) percent below the City's prime borrowing rate established by the Board of Public Works by December 1 of each year for the following calendar _year. The interest at the commencement of the residential owner's sixty -month payment plan shall be constant throughout the sixty -month term. The installment payment under this section shall be added to the monthly sewer /water bill and paid in the same manner and under the same conditions as the monthly water service charges. However, a subsequent owner shall pay in a lump sum at the time of sale of the water and or sewer served real property any balance remaining on the previous owner's obligation for sewer and /or water main extensions under this section. (c) Notwithstanding the foregoing. an owner of vacant real property served by a sewer and /or water main installed by the City shall fully assume and pay the maximum construction charge assessable under this article upon construction of any improvement to the vacant land. If the land is in the City limits at commencement of construction. City rates shall apply. If the land is outside City limits at the commencement of construction. non -City rates shall apply. However, the Board of Public Works may make exceptions for an owner of real property outside the City who qualifies for annexation to the City under the requirements of state statute (IC 36 -4 -3) -1 et seq.) and who has irrevocably petitioned for annexation contemporaneously with hook -up to municipal utility lines. 4 Sec. 17 -86. - Waiver of annexation and City compact fees. (a) Notwithstanding anything to the contrary contained herein the effective date of this Section 17 -86 shall remain June 3 2002 (b) In consideration for the City's extension of sewer and /or water main lines to areas outside City limits, the owner of any such real property located outside City limits who wishes to connect to a City main line shall execute a waiver of right to demonstrate against annexation as a condition of tapping into the City's main line. (c) Effective January 1. 2017. aAs a further condition of non -City resident tap into City sewer _ and /or water main lines, an owner of real property situated outside the City limits shall pay a compact fee annually to the City for one (1) utility (whether sewer or water service) which compact fee is thirty (30) percent of the difference between the County and City effective property tax. If two (2) utilities (both sewer and water service) are used, then the annual compact fee shall be fifty (50) percent of the difference between the County and City effective property tax. Sec. 17 -87. - Prior- ° ntra is unaffeeted Exemptions. Owners who have either executed a permit to connect or Who connected to the Cit_v's sewer or water line prior to July 1. 2016. In cases where the cost of sewer or water installation is covered by an entity other than the City or has otherwise been paid. the Board of Works shall have the authority to enter into a reimbursement agreement with such entity or waive such assessments outright Re- connection to City sewer or water main lines constructed on or before July 1 2016 or any property that has already paid its assessments in full Sewer or water installation assessments specifically addressed in development agreements executed by the Redevelopment Commission may be waived under this Section (e) The rates set forth in this article shall not apply to user contracts executed with the City prior to the effective date of this article. For all such users. the contract rate shall apply and the terms of the contract shall supersede this article. Sec. 17 -88. - Board of Works rate modification. The Board of Works shall. as needed. recommend any modification to the rates established in this article to reflect fluctuations in construction costs. Section I1. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: Kareemah Fowler, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock—.m. Kareemah Fowler, City Clerk Approved and signed by me on the day of o'clock . m. Pete Buttigieg Mayor of the City of South Bend, Indiana i st READING PUBLIC HEARING 3 rd READING NOT APPROVED 6 REFERRED PASSED 2016, at Filed in Clerk's Office LAPR.iJ2 0 2016 EEii '14 i OWL.E:R LC ITY SOUTH BEND, IN Bill No. 16 -47 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1915 Bendix Drive, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX ABATEMENT FOR Appletree Associates, LP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1915 Bendix Drive, South Bend, IN 46628 and which is more particularly described as follows: 295.33'X 661.97 BEG 40'W & 527.98N SE COR NE SEC 33 -38 -2E 4.48 ACRES and which has Key Numbers 025- 1006 - 030101 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; an d WHEREAS, the Council held, a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION I1. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of (2) two years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PMEWO NOT APPMOW& Member of the Common Council Filed in Clerk's Office MAY C 4 2016 KAREE;MAH FOWLER CrrY CLERK, SOUTH BEND, IN 227 W. JEFFERSON BoumvARD SUITE 1400 S. SouTH BEND, IN 46601 -1830 May 4, 2016 CITY OF SOUTH BEND PETE BurrIGIEG, MAYOR COMMUNITY INVESTMENT Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Vacant Building Tax Abatement Petition for: Appletree Associates, LP Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx:574/235 -9021 Please find the attached information pertaining to a vacant building tax abatement petition for Appletree Associates, LP: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. The project meets the qualifications for a (2) two year vacant building tax abatement. A representative from Appletree Associates, LP will be available to meet with the Committee on Monday, May 9, 2016. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5823. Sincerely, A /4-c-7 � bb Director Economic Resources Fled in Clerk's Office MAY 0 4 201fi KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BusiNEss DEvELoP &iENT PAMELA C_ MEYER BRIAN NwLowsm ECONOMIC RESOURCES AARON Koss 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR May 17, 2016 COMMUNITY INVESTMENT Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Submission of Resolution Approving Waiver of N Tax Abatement Dear Council Member Ferlic, Bill 16 -50 PHONE: 574235 -9371 FAx: 574235 -9021 Filed in Clerk's Office 's` r 2046 + EE v,'�- t- Gvdt.LR Y L F{K.`DE 13Et�0.I tV Attached please find a proposed form of resolution approving a waiver of noncompliance, pursuant to Indiana Code 36 -1.1- 12.1 -11.3, for Run- Faster -Run LLC (the "Company "), a wholly owned subsidiary of Swing- Batter - Swing, LLC. The South Bend Common Council (the "Common Council ") adopted its Confirming Resolution 4387 -14 confirming the designation of a certain area in the City of South Bend, Indiana as an Economic Revitalization Area for the purposes of granting an eight (8) year tax abatement for real property in conjunction with the construction of an indoor hitting and performance center and observation deck by the Company. The St. Joseph County Assessor's Office distributed a Notice of Assessment on September 14, 2015; however, the Company has represented that it did not receive the Notice of Assessment. Consequently, the Form 322/RE and Form CF -1 were not filed within thirty (3 0) days of the issuance of the Notice of Assessment by the Assessor's Office. The Company subsequently filed its Form 322/RE and Form CF -1 within thirty (30) days of receipt of the Spring 2016 Tax Bill dated April 5, 2016, whereupon the Company discovered it had not received the Notice of Assessment distributed in September, 2015. The Company is requesting that the Common Council waive noncompliance with the filing deadline for the Form 322/RE and Form CF -1 ofthirty (30) days from the issuance date of the Notice of Assessment. We ask that the attached resolution be referred to the Community Investment Committee for an advisory recommendation and then heard at the Common Council meeting to be held on May 23, 2016. Mr. Joe Hart, President of the South Bend Cubs, will be presenting at the meetings. Should you require additional information, please let me know. Sincerely, Aaron Kobb Director of Economic Resources PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB Attachments cc: Joe Hart Kathy Cekanski Farrand Richard L. Hill Anne E. Fischesser Bill 16 -50 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A WAIVER OF NONCOMPLIANCE FOR LATE -FILED DEDUCTION APPLICATION (FORM 322/RE) AND COMPLIANCE WITH STATEMENT OF BENEFITS (FORM CF -1) BY RUN - FASTER -RUN LLC FOR CERTAIN REAL PROPERTY KNOWN AS LOT 5 OF THE COVELESKI MINOR SUBDIVISION AND LOCATED AT 525 S. LAFAYETTE BOULEVARD DESIGNATED AS AN ECONOMIC REVITALIZATION AREA UNDER RESOLUTION 4387 -14 WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council ") at its meeting held on September 22, 2014 adopted its Confirming Resolution 4387 -14 (the "Confirming Resolution ") confirming the designation of a certain area within the City of South Bend, Indiana (the "City ") commonly known as 501 W. South Street, South Bend, Indiana (the "Real Property ") pursuant to Indiana Code 6- 1.1 -12.1 (the "Act "), as an Economic Revitalization Area for the purposes of granting an eight (8) year tax abatement for real property to Swing- Batter - Swing, LLC; and WHEREAS, the Real Property was more particularly described as follows: Pt. Lots 5 -8 & 13 -16 Blk 7 Lot 7 & Lot 15 Blk 8 Pt. Lots 31 -39 Blk 9 Lot 9 -13 Pt 14 Blk 10 Vails Sw Add & Pt Lot 68 69 -72 Martin's Add & Vac Alleys & Sts Cont. 4.834 ac +- WHEREAS, the Common Council determined that Swing - Batter- Swing, LLC qualified for and the Common Council granted a real property tax deduction for a period of eight (8) years as provided in the alternate abatement schedule pursuant to the Section 17 of the Act set forth below: Real Property Year Abatement 1 100% 2 88% 3 75% 4 63% 5 50% 6 38% 7 25% 8 13% WHEREAS, the City, as the property owner of the Real Property prior to April 7, 2015, subsequently subdivided the Real Property into separate parcels as part of the Coveleski Park Minor Subdivision on the recorded Plat of Coveleski Park Minor US.1 063 1 77 8 1.01 Subdivision, recorded February 11, 2015 as Document No. 1503430 in the Office of the Recorder of St. Joseph County, Indiana; and WHEREAS, Run- Faster -Run LLC (the "Company "), a wholly owned subsidiary of Swing- Batter - Swing, LLC, purchased Lot 5 of the Coveleski Park Minor Subdivision, more commonly known as 525 S. Lafayette Blvd., South Bend, Indiana, (the "Parcel ") from the City on April 7, 2015; and WHEREAS, the St. Joseph County Assessor's office sent a Notice of Assessment dated as of September 14, 2015 with respect to the Parcel; and WHEREAS, the Company, has represented that the Notice of Assessment was not received by the Company; and WHEREAS, an Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas (Form 322/RE) ( "Form 322/RE ") must be filed with the St. Joseph County Auditor (the "Auditor ") before May 10 in the year in which the addition to assessed valuation (or new assessment) is made, or not later than thirty (30) days after the Notice of Assessment of Land and Improvements (Form 11) (the "Notice of Assessment ") is mailed to the property owner if it is mailed after April 10; and WHEREAS, Form 322/RE requires that Form CF- l/Real Property (Form CF -1) ( "Form CF -1 ") must be attached to the Form 322/RE; and WHEREAS, the Company subsequently received a Tax Bill dated April 5, 2016 (the "Tax Bill ") providing that the spring installment of property taxes on the Parcel was due May 10, 2016; and WHEREAS, upon receipt of the Tax Bill, the Company filed Form 322/RE and Form CF -1 with the Auditor's office within thirty (30) days of receipt of the Tax Bill; and WHEREAS, the Tax Bill, without the application of the abatement previously approved by the Common Council, results in a tax being due of $36,199.42; and WHEREAS, the Company has requested that the Common Council exercise its authority as the designating body to waive noncompliance by adopting a resolution pursuant to Section 11.3 of the Act; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. The petitioner states that the Company was unaware that the Form 322/RE and Form CF -1 needed to be filed with the Auditor's Office within thirty (30) US.106317781.01 days of September 14, 2015 as the Company did not receive the Notice of Assessment. B. Upon receipt of the Tax Bill, the Company filed with the County Auditor within thirty (30) days, the Form 322/RE and Form CF -1. C. The Company exceeded the project cost stated in the original petition for tax abatement. The initial cost of the project was estimated to be $1,000,000 and the actual cost was $2,573,183.50. The project has met the employment representation stated in the original petition for tax abatement. D. The project is a positive development to this community. The Company continues to improve the project and the Parcel through an addition to the project of a patio constructed entirely with funds of the Company. E. All other required documentation has been received from the Company by the required dates. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. SECTION III. The Common Council hereby waives the filing deadline of Form 322/RE and Form CF -1 within thirty (30) days of September 14, 2015 and pursuant to Section 4.8 of the Act and Section 11.3 of the Act, adopts this resolution that authorizes acceptance. SECTION IV. 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 Attest: Kareemah Fowler, City Clerk US.106317781.01 Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock —.m. Kareemah Fowler, City Clerk Approved and signed by me on the day of 2016, at o 'clock . m. KIMCN 1 X11 ipT APNOWD US.106317781.01 Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in Clerk's Office KAs�'i till € i t (AVCER CITY CUERK, SOUT H BEND. IN 1311! [•wk -iIA. May 18, 2016 Mr. Tim Scott Council President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amending the South Bend Municipal Code to ensure Sidewalk Cafes do not impede accessibility for Persons with Disabilities Dear Council President Tim Scott, Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipol Code at Chapter 21, Article 6, Section 21- 06.03(f)(12)(A). That subsection involves rules and regulations for sidewalk cafe permits. In particular,, it defines the allowable sidewalk width to be six (6) feet. The purpose of this ordinance is to ensure that sidewalk cafes and any decorative materials or other barriers are placed so as to assure that sidewalk and pedestrian walkways meet current Americans With Disabilities (ADA) Guidelines, The United States Access Board is the federal agency that prescribes those Guidelines. Either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincerely, Patrick C. Kerr, PhD, PE City Engineer Filed in Clerk's Office MAY 18 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Bill No. 25 -16 Ordinance No. -16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE, CHAPTER 21, ARTICLE 6, SECTION 21- 06.03(1)(12)(A) OF THESOUTHBEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAF ft STATEMENT OF PURPOSE AND INTENT Chapter 21, Article 6, Section 21 -06.03 of the South Bend Municipal Code (the Code) is part of the City of South Bend's Zoning Ordinance constituting the Northeast Neighborhood Development Area Overlay Zoning District and it contains subsection (f)(12)(A) involving rules and regulations for sidewalk caf6 permits. In particular, it defines the allowable width to be six (6) feet. The purpose of this ordinance is to ensure that sidewalk cafes, decorative materials and barriers are located so as to assure that sidewalk and pedestrian walkways meet current ADA guidelines prescribed by the United States Access Board. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 21, Article 6, Section 21- 06.03(f)(12)(A) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (a) Outdoor cafes and seating areas shall be so located as to maintain a mini mn oseable maximum sidewalk width and clearance for wheelchair accessibility which shall exclude that portion of a sidewalk reseived for cvcle tracks of bicvcles. Sidewalk clearance of not structures, landscgpina or other barriers and the curb or cycle track. The Public Right Of WU Accessibility Guidelines (PROWAG) shall be followed if more restrictive. 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 any publication required by law. Member of the Common Council Attest: Kareemah Fowler, City Clerk . Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock —.m.. Kareemah Fowler, City Clerk Approved and signed by me on the day of o 'clock . m. 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Pete Buttigieg Mayor of the City of South Bend, Indiana 2 2016, at Filed in Clerk's Office MAY '_ 18 X016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2319 Lincolnway West 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 -74- 918.4, and WHEREAS, the Area 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 Area 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: 2319 Lincolnway West in order to permit A tobacco store in a "MU" Mixed Use District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is Iocated and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION TV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area 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. PRESENTED MDT APPROW ONTO Member of the Common Council Fled in Clerk's Office APR � ?0 }� KAREEMAH FOWLER C17Y CLERK, SOUTH BEND, IN TO THE AREA OF ZONING APPEALS A) Ramy Kizy. 4805 Corriander Drive Sterling heights, Michigan 48314 (586)604 -5340 -Email: Ramy.Kizy @yahoo.com B) Location: 2319 Lincolnway West South Bend, Indiana 46628 C) Seeking A special exception for the Tobacco Store in the "MU" District and a varience from the required 5 parking spaces to 0. Parking will also be available in the rear of MetroPcs parking lot, also approved my landlord. D) Standard for Special Exceptions i. Would the approval be injurious to the public health, safety, morals, and general welfare of the community? The granting of the variance neither harms the public nor undermines the purposes of The Codes. The proposed business does not affect the health, safety or welfare of the community. No one under the age of 18 will be allowed to enter or will be able to make a purchase without an i.d. There will be no one allowed to loiter in front of business. Loitering will not be tolerated. ii. Would the approval not injure or adversely affect the use of adjacent area or property value? The new business would be appropiate in the existing area. The allowance of the new business will not affect adjoining property values but make the area better and more eco- friendly. The proposed accessory structure will be visually appreciative in the area. iii. Would the proposed use be consistent with the charactor of the district in which it is located? The business would be reasonable in the area, nothing will be done to change the other surrounding buildings. The location would be great on a busy corner. iv. The proposed use is compatible with recommendations of the city of South Bend. This business would be allowed with special exception zoning code and this will be compatible with the zoning in order to have the business. This business is just like a convience store, creates a good atomosphere in the area people like to walk around and see somthing new and clean, only main difference is rather then sell groceries, we would be selling tobacco products. E) Presenter to appeal: Christopher Stroter. 627 Johnson Street South Bend, Indiana 46628 (574) 347 -9302 Ramy Kizy. 4805 Corriander Drive, Sterling heights, Michigan 48314 (586) 604 -5340 F) Zoning classification is "MU" district and the Township for the area is =67 MAY 17 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 04/19/2016 To whom at my concern: I have given permission to my tenant Ramy Kizy to lease the location at 2319 Lincolnway West, South Bend Indiana for his business under Smokers Palace. ►wf Amjad Amer VA7 1 04/19/2016 To whom at my concern: I have given permission to my tenant Ramy Kizy to use my parking lot for his customers at Smokers Palace at the location of 2321 Lincolnway West, South Bend Indiana for his business Smokers Palace. I am the landord for his other location at 2321 Lincoinway West South Bend Indiana. Nael. S. Suleiman tq - 512 -, 42M ::) 21 NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 1ST day of JUNE , 2016 , at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was Filed by: RAMP KIZY Seeking: _ A Special Exception to allow a Tobacco Store in a " MU" Mixed Use District and a variance from the required 5 parking s 12aces to 0 On real estate commonly described as: 2319 Lincoinway West South Bend IN and is legally described as follows: 'r Dated this, ,�V,_day of 2 Area Board of Zoning Appeals Carolyn A. He ry Secretary to the Board KRKt:tMAH FOWLER w, Ct1Y CLERK, SOUTH BEND, IN Dale. OF �O RPp. �`�0 TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. Filed W Clerk's Office o %C© #¥ / . &6 / MAY ] 7 /§ }H �!(3 \ \ i ;2 ! q f KARE MAH FOUR CLERK / SOS BEND w Filed h Clerk's Office , / \\ \ �/ / i ■ }| °� � d % �E ®.�� n !i�| % � M `•` e , MAY 17 7016 % KAREEMAH FOUR 1i `\ � CLERK SOUTH BEND w | $ Katj ° ap )t�J . o ■ #;. )&$ &k N O (.1 O N to Od C Co co O � CO co to co N N f-0 Z Z =? 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CQ Z Q Z Z W z co o g w O OZ � — 2 Y Q co L- O 2 2 fn O Y =� O J L- O 2 2 H fn O Z >> to !n w 2 2 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 700 W. Ireland Road Bill 16 -51 Filed in Clerk's Office MAY 10 2016 HE KAREEIVlAH FOWLER CITY CLERK, SOUTH BEND, IN 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 Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CT'TET SLTi C_,,,]rT TT D*�. j�1T 11 T r_ f -.!!. i 1 1 Vt' "f1 V H BEND, R- Yl'IA1 � A as 1V 11o�, s: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area 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: 700 W. Ireland Road in order to permit automobile sales in a "CB" District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of whiUIl Is on file In Lhe OfEce of the Ciiy Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area. or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area 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 LFerk'soffice 0 2016 NOT APP20%*W H FOWLER ADOPTO OUTH BEND, IN 3 My name is Clint Emberton, General Sales Manager for Gates Automotive. I reside at 714 Dice Ct., South Bend, IN 46614. I submit Resolution , Special Exception request to hold annual offsite automobile sales events in the Walmart parking lot located at 700 W. Ireland Rd. I submit this petition on behalf of Gates Toyota, 640 W. Ireland Rd., South Bend, IN 46614 and VPA Promotions, a subsidiary of Walmart Corporation. Contact information including phone numbers, email addresses, and mailing addresses for the appropriate parties will be included at the end of this petition. In this appeal Gates Automotive is requesting a Special Exception request for the parking lot located at 700 W. Ireland Rd., also known as Walmart. The area we are requesting is 100 parking spaces that are located at the outmost boundary to the East, to the main entrance to Walmart to the North, and encompassing 4 rows of parking each including 25 spaces. We have sought and received permission from VPA Promotions to hold three events annually, during the summer months, subject to zoning approval. We enjoy an excellent business relationship with our neighbor, Walmart, and with VPA Promotions General Manager Mike Kauffman. Included with this request are Authorization /Commitment letters for the dates requested from VPA Promotions. Gates Toyota recognizes the need to satisfy the four specific findings of fact for this Special Exceptions request to be considered and granted. Gates Toyota is grateful for the opportunity to present a petition request to the Area Board of Zoning Appeals with a brief point of view supporting our request. (First finding of fact) 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The activity that is sanctioned by Gates poses no threat to the first finding of fact. I would like to share some general data that is relevant to this argument. There are many standard event enforcements that Gates uses as common practice. We provide trash receptacles in the general customer area every 50 feet that undergo sanitary service as needed daily; we provide more than adequate handicap accessible restroom stations and doubled the access to sanitary hand washing solutions. These facilities are professionally over - serviced three times during each week; We adhere to the required setbacks according to universal code and staff recommendations; we have provided a site plan prior to approval that specifically outlines our request. We contract framed tents locally that provide appropriate shade and a comfortable and private business climate for our customers and staff; we coordinate our vehicle move via organized transportation beginning at 6 am on Sunday mornings pre -event and post event. The entire event process is designed to avoid disruption of traffic flow in the City and around the event location. We believe there are no moral issues, it is simply a car sale promoted and executed to the high standards that the Board of Zoning, South Bend Common Council, VPA Promotions, Walmart, and Gates require for an event of this magnitude. As I am sure you are aware, Gates has held events in the City of Mishawaka of similar magnitude for the last 6 years. They require 400 spaces to accommodate those events. A Staff report prepared by City of Mishawaka, shared the following finding of fact. "No problems or issues were found, specifically, no traffic, public parking, or even nuisance issues were ever brought to the City's attention." The 2016 Staff report indicates "No issues have been reported with previous events ". I am aware of no compelling complaints or issues from the impact of these precisely planned events. Furthermore, no protest or concerns were filed with Simon Properties, the City of Mishawaka or our office on behalf of the general public or tenants. This is a record we are proud of having held over fifteen of these events. So.... Will the proposed use be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare? We are aware of no evidence or convincing foundation to support anything but a No response!! (Second finding of fact) 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Defined, adjacent properties is; "all business or residence owners within 300 feet of the requested variance ". Following proper City of South Bend protocol, Gates Toyota has hand addressed and stamped the appropriate envelopes which the City in turn mailed to relevant property owners giving proper notice of the variance hearing. Gates Toyota has held several previous events at our location over the past few years. We have included Walmart, Lowes, Sweet Frog, McDonalds, Chik -fil -a, and others in this event through revenue generating involvement. Gates has already committed a staggering marketing budget to these events which will include and promote local businesses in conjunction with our own event. We believe that the holding of sales events in many surrounding previous locations did nothing to decrease the value of these properties. On the contrary, these events may have convinced someone that these were viable retail locations. Consequently, commerce grew and revenues flow into local businesses and our Community. Primarily, Gates Toyota and the display lot at 640 W. Ireland Rd. will be the main focus of our event. Any additional traffic to areas not currently traveled will have little or no impact. Walmart and Gates Toyota began a mutual business partnership several years ago. At that time we took some intrinsic risk and we ask the Area Board of Zoning Appeals to allow us to grow in a proportion that accounts for about a 15% expansion of the current event. This is simply an effective business plan, supported by significant effort that continues to work. Furthermore, the events we stage bring revenue to boundaries far beyond Gates. We respect these businesses and believe they are every bit as important to a vibrant South Bend economy as ours. Gates Toyota will drive in excess of 3000 families to these events in 2016. These customers come from counties outside of our immediate area and they spend there money.on more than just cars and trucks. So to answer question 2, Will the proposed use injure or adversely affect the use of the adjacent area or property values therein; We believe our event will have a positive effect on surrounding businesses and the answer to this finding of fact should be NOH (Third fording of fact) 3) The proposed use will be consistent with the character of the district in which it is located and the land use authorized therein. "CB "zoning does not permit the retail sales of automobiles at this location, thus requiring the Special Exception request for the proposed use. At previous events held in neighboring Mishawaka, Mr. Ginty, University Park Mall General Manager said the following, and I quote, "The car sales not only benefit Gates, but they are a huge traffic driver for the Mall and surrounding businesses on Grape Road " It is my duty to advocate for this event. Since our inception in South Bend in 1982, Gates Toyota has partnered with many fine businesses for a mutually beneficial event such as this. The current zoning prohibits Gates Toyota from setting up an attractive display that guarantees exceptional results for Walmart and Gates alike. We can not, however, display or sell cars on Walmart property with out an approved Special Exception by the Board of Zoning and the Common Council. To attempt to have this sale without a variance would be impossible without violating City laws or zoning ordinances. So, in regards to question of fact #3, Will the proposed use be consistent with the character of the district in which it is located and the land use authorized therein. We believe that the answer is YESM (The fourth finding of fact is as follows) 4) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; Beginning in 2009, Gates Toyota knew that in order for this to become an annual event we would need to follow strict guidelines regarding layout, trash disposal, safety, parking, signage display, tents, cold air balloons, setbacks, and many other request that go along with an event such as this. An ideal location must have adequate entrances and exits for normal unimpeded traffic flow. There should be ample parking for inventory, employees, vendors, and customers. Walmart and Gates has and will comply in all areas overseen by South Bend authority and have taken precautions in areas that are not governed. The Special Exceptions request is for Walmart, VPA Promotions, and Gates Toyota. Gates considers it a privilege not a right to partner with Walmart for these events. The obvious area of opportunity for Walmart and VPA is leasing currently vacant or seldom used space that is a significant distance from their retail facility. Over the past thirty years every dealer in this community has participated in these types of events all over Michiana. Similar events will occur several times this summer in surrounding communities. Gates requests permission to stage this event in our own community. We believe that this unique area of Walmart parking lot is one of the few facilities that have been inherently constructed to handle this type of event by having the appropriate access, lighting, and parking. An internal study conducted by Gates recently revealed some relevant sales data. Nearly 30% of the sales generated at our previous events were from outside the State of Indiana or our County; LaPorte, Berrien, Cass, Marshall, Elkhart, just to name a few. This simply confirms that Gates can create a regional draw that is beneficial to the surrounding businesses and the City of South Bend. The submitted site plan for this event does not ask for or include changes in landscape, structural integrity, permanent traffic patterns, or any other demand that would interfere with the City of South Bend Comprehensive Plan. In closing, Will the proposed use be compatible with the recommendations of the City of South Bend Comprehensive Plan? Obviously we believe this event fits perfectly with the City of South Bend Comprehensive plan. The local and surrounding communities have grown accustom to, and continue to anticipate, the off site events that we promote. Every dealer in this community, at one time or another, in conjunction with the generous consideration of the City of South Bend and the authorities that govern it, have been part of many creative, exciting, safe, and mutually beneficial off -site sales events. Nearly 300 Gates employees and their families, surrounding businesses, and the economy in general benefit from these events. We believe that good business stewardship demands that we protect our future as well as the business climate of our City, where our employees work, live, and spend their money. Creating new and exciting promotions in today's market is certainly more challenging than at any time in our history. A free market economy in it's self does not guarantee success. This very public petition gives notice to crafty competitors of our future business plans. Gates Toyota is confident that this request is worth the risk. We believe these events will continue to energize an already vibrant and progressive economic state in the City of South Bend. We simply ask the Area Board of Zoning Appeals to join us in embracing this commerce initiative. Gates Toyota would like to thank the Area Board of Zoning Appeals for the consideration of our petition and respectfully pray that our request be granted. THANK YOU Contact Information.... Clint Emberton, GSM Gates Automotive, Inc. 640 West Ireland Rd. South Bend, IN 46614 574 - 299 -7477 cemberton @gatestoyota Mike Kauffman, GM VPA Promotions 5502 Walsh Lane Suite #103 Rogers, AR mkauffman @vpapromotion 407 - 230 -7337 N(Yf*ICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 1 St day of June , 2016 , at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was Filed by: Gates Toyota Seeking: A Special Exception to allow automobile sales in a "CB" District On real estate commonly described as: 700 W. Ireland Road South Bend IN and is legally described as follows: Lot "BB" in Erskine Commons Monor Subdivision 3rd Reolat Dated thisl day of ode "' �0q Area Board of Zoning Appeals A 0�' rl2oq Carolyn A. H ry Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to`t�ie Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time. being at least ten (101 days nri.or to the data on phich the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. 'fir RE: 5502 Walsh to Dealer for Mite Walmart Parking Lot Event Gates Automot ve 640 W Ireland I td. South Bend, IN 46614 To whom this r4av concern: Please be advTomoter d that the lot event scheduled for the dates of September 191' — September 231d. 2096 at tWalmart # 3436 located at 700 W Ireland Rd. South Bend IN has been approved by tWalmart: Home Office, the local store manager, and VPA Promotions (the authorized lot for Walmart Stores, Inc.) This event has )een approved for the number of parking spaces as noted within the executed "Lot Agreemen which thereby provides permission for the above noted dealership to conduct such event on t ie designated Walmart lot. Further, use of the indoor restroom and other sanitary facilitie within the Walmart store are granted and available to the dealership staff, and to the like, also o customers coming on the Walmart lot-during the event. The dealership may setup their inve tort' display the day before the aforementioned dates, and remove the inventory the evening oft a end date or morning thereafter. Further, we req Are the dealership provide a copy (or copies) of all applicable permits that may be required to in compliance with any city, county, state, or municipality laws for the dealership to hold such an offsite event. Copies of such permits may be faxed to our offices directly at 1-888-494-9329 or emailed to loteventsC ypapromotions.com Please note, us of a "tent" for event is allowable on the lot, although, the use of tent stakes or any drilling into a Walmart parking lot is strictly prohibited, but use of sand bags, water barrels or concrete bio ks are an acceptable alternative. We appreciate have any ques Sincere thanks, Rachael Driggs VPA Promotion, 888 - 705 -4872 business with VPA Promotions - Please don't hesitate to contact me if you Walmart Lot Team promoti i15 5502 Walsh Lan suite 141kerl a to RE: Authorize ion to Dealer for Offsite Walmart Parking Lot Event Gates Automotjive 640 W Ireland d. South Bend, IN 46614 To whom this nhav concern: Please be advi ed that the lot event scheduled for the dates of July 18th — July 22nd. 2016 at the Walmart # 343 located at 700 W Ireland Rd. South Bend, IN has been approved by the Walmart Home Office, the local store manager, and VPA Promotions (the authorized lot promoter for W Imart Stores, Inc.) This event has Deen approved for the number of parking spaces as noted within the executed "Lot Agreemen which thereby provides permission for the above noted dealership to conduct such event on I ie designated Walmart lot. Further, use of the indoor restroom and other sanitary faciliti within the Walmart store are granted and available to the dealership staff, and to the like, also to customers coming on the Walmart lot during the event. The dealership may setup their inveotory display the day before the aforementioned dates, and remove the inventory the evening of a end date or morning thereafter. Further, we req Are the dealership provide a copy (or copies) of all applicable permits that may be required to t a in compliance with any city, county, state, or municipality laws for the dealership to hold such an offsite event. Copies of such permits may be faxed to our offices directly at 1-88 - 4949329 or emailed to Ioteventsb- waaromotions.com Please note, uO of a "tent" for event is allowable on the lot, although, the use of tent stakes or any drilling into Oe Walmart parking lot is strictly prohibited, but use of sand bags, water barrels or concrete bio ks are an acceptable alternative. 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