Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-13-16 Common Council Agenda and Packet
SOUTH BEND COMMON COUNCIL MEETING AGENDA Monday, June 13, 2016 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS BILL NO. 16 -55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE RILEY ROCKETRY TEAM IN REPRESENTING THE CITY OF SOUTH BEND IN THE 2016 TEAM AMERICA ROCKETRY CHALLENGE FINAL FLY - OFF 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME: BILL NO. 21 -16 PUBLIC 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 8. BILLS ON THIRD READING TIME: BILL NO. 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 9. RESOLUTIONS 1 LAFAYETTE BLVD. BETWEEN SAMPLE STREET AND GARST STREET, SOUTH BEND, INDIANA 30 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES 31 -16 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 314 & 318 ST. PETER STREET, 401 NOTRE DAME AVENUE, AND 325 FRANCES STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS (COMMITTEE REFERRAL ONLY) 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, 4rh 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: JUNE 9, 2016 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, JUNE 13, 2016 at: Council Informal Meeting Room 4th Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:45 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON 1. Bill No. 21 -16- Rezoning at 803 West Washington St. (Kizer House) 2. Bill No. 16 -49- Special Exception for Rainy Kizy at 2319 Lincolnway West 3. Bill No. 16 -51- Special Exception for Gates Automotive at 700 West Ireland Road 4:00 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 16 -54- Authorization for the release of Erskine Village TIF District 4:10 P.M. PARC COMMITTEE RANDY KELLY, CHAIRPERSON 1. Dept. of Parks of Recreation Briefing, Aaron Perri- Superintendent of Parks & Rec. 4:30 P.M. HEALTH & PUBLIC SAFETY JOHN VOORDE, CHAIRPERSON 1. Dept. of Code Enforcement Briefing, Randy Wilkerson- Director of Code Enforcement 5:55 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON I. Bill No. 23 -16- New rules and regulations for Installation Charges- SUBSTITUTE BILL (Update Only) Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Utilities 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 ORDINANCE VIOLATION CLERK CHIEF OF STAFF DIRECTOR OF POLICY o so`` uTx"`e�a F U C, 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 Bill No. 16 -55 T � iG y0U7Ng'f J 3 < L RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE RILEY ROCKETRY TEAM IN REPRESENTING THE CITY OF SOUTH BEND IN THE 2016 TEAM AMERICA ROCKETRY CHALLENGE FINAL FLY -OFF G the South Bend Common Council notes that 2016 marks the 14`" year of the Team America Rocketry Challenge (TARC) sponsored by the Aerospace Industries Association, the National Association of Rocketry and over 25 aerospace company partners making it the largest rocket contest in the world; and 0% the Common Council is proud to recognize that the Riley Rocketry Team of Riley High School competed in the TARC Final Fly -Off, as I of 100 teams competing just outside of Washington, D.C. on May 14, 2016. This year's competition required a rocket to carry two (2) raw eggs, and required the rocket to reach a height of 850' and then return to earth without cracking the eggs in 44 to 46 seconds; and 6}fj", the all- female Riley Rocketry Team members include Seniors Margo Bokhart, Dianne Waweru and Angelique Wise; Juniors Tess Ngochi, Ruby Atkins, and Mila Medich; and Dr. Susan Sakimoto, as the RHS Team Coach, Physics Teacher and National Association of Rocketry Mentor; and G TARC has inspired over 60,000 students from across the nation to explore education & careers in the STEM field; with teams representing all 50 states, D.C. & U.S.Virgin Islands in this year's competition; and 6}f(.r, this year the Team America Rocketry Challenge was the world's largest student rocket contest with nearly 5,000 students competing on 789 teams in the competitions leading up to the Final Fly -Off won by the Space Potatoes team from Bellevue, Washington. The Riley Rocketry Team's rocket reached an altitude of 817 feet, with this experience giving the Riley Rocketry Team opportunities of a lifetime. .%oro, ap"O as A,,v Jolaeri *of,, li m6 o aw ey ou, `"�` 9/�%iuLi Fend, �ndiaara Wbf.W Section I. The Common Council of the City of South Bend, Indiana, is extremely proud to publicly recognize and congratulate the Riley Rocketry Team. These talented women studied, designed, & built their rockets and represented James Whitcomb Riley High School, the City of South Bend, and all of their family and friends in the National Finals of the World's Largest Rocket Contest this year in the Team America Rocketry Challenge. Section II. The Common Council hopes that each one of the Riley Rocketry Team members will continue to shoot for the stars, as each of you are excellent role models for persons of all ages, with very bright adventuresome futures and limitless opportunities ahead. 4 Congratulations!!!! If 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, ls` District Council Member Regina Williams Preston., 2nQ District Randy Kelly, 3' District Council Member Jo Broden, 4' District Council Member Dr. David Varner, 56 District KIM Kareemah Fowler, City Clerk Oliver J. Davis, 66 District Council Member John Voorde, At Large Council Member Gavin Ferlic, At Large Council Member Karen L. White, At Large Council Member Kathleen Cekanski Farrand, Council Attorney Pete Buttigieg, Mayor of South Bend, Indiana Bill No. 21 -16 LAWRENCE P. MAGLIOZZI EXBCUTIVr. DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST_ JOSEPH C(Z>UNTY, IN 227 W. JLFFLRSON BLVD., ROOM 11 +0 COUX "11'-CITI BUILDING, SOUTH BLVD, INDIANA +6601 (i7+) 233.9171 May 18, 2016 South Bend Common Council 4`J' 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 Parcell 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 Clerk's Office MAY 18 7016 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 P H CO U N T Y I N D I ANA. C 0 M/ A R E A P L A N 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: PARCELI: 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 969 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 890- 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 11 °- 10' -11" East, a distance of 114.09 feet; thence NOlih 4 °- 28' -16" East, a 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 PV 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 Landmarks Foundation of Indiana, Inc. (DBA- Indiana Landmarks) 1201 Central Ave Indianapolis, IN 46202 574- 232 -4534 TZe ig e r@ i i i dia n a la n dm a i -ks. org Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: NA F RZ in Clerk's Office APR 0 6 2016 Name and address of additional property owners, if applicable: CiiY ARE O FOWLER K, UTH BEND, IN 7) It is desired and requested that this property be rezoned: From: MFI Urban Corridor Multifamily District To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): Vixed L•se - Offices and .fleeting Galien Space IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) Parking Variance ft•oni 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 -stop, multi -unit residential property into a inked use business property itith offices and a meeting:galleri space on the first - floor, and offices and%or apartments on the second and third floors o% the niaili hialdin.- as hell as on the second floor ofthe carriage house. (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 mtilti -use facilities to the it est The business inilnediately tirest of the project site is a muilti -Lis C' C 'on ?rTle!•Clalir'e',Slde'tltlal building. Across the street to the .South is the Oliver A,lansion/Historz , afuselirn, a multi -use fcic'ilits with meeting space, offices and inusewn. 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 Clerk's Office MAY 18 ?nis 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 O 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 t 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 Rezoning from: CITY OF SOUTH BEND "MFI" URBAN CORRIDOR MULTIFAMILY AL; to "MU" MIXED USE DISTRICT' MASTER ZONING KEY SOUTH BEND "SF2 "SINGLE FAMILYANDTWOFAMILYDISTRICi SOUTH BEND -MF1 "URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "OB "OFFICE BUFFER DISTRICT SOUTH BEND "O "OFFICE DISTRICT Fled in Clerk's Office N E MAY I A �E WWi81 t CITY - page 1 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: 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[nd - residential apartment property into a business property with offices �Iied in CI rk's Office meeting /gallery space on the first floor, and offices and /or residenti n t and third floors and office and apartment in the carriage house. APR 0 6 2016 K I L KAREEMAH FOWLER ITY CLERK, SOUTH BEND, IN ARCHITECTURE PLANNING www. kilarcNtectwe.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 Fled in Clerk's Office MAY 18 7016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN FILED APR 152016 AREA PLAN CO MISSION Aim irdT,nm Nn _1 k Wi 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.) 1 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 tha �B >✓I -erc Se &F west side neighborhood. Sincerely, 11AY 18 2016 Dea Jean Andrews KAREEMAH FOWLER 223 N. Scott Street CITY CLERK. SOUTH BEND, IN South Bend, IN 46601 FILED APR 15 2016 AREA PLAN APKICATION NO. t I Y.1 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 ?(116 KAREEMAH FOWLER Mr. Mathew Chappuies CITY CLERK, SOUTH BEND, IN Area Plan Commission of St. Joseph County F I L En 1140 County City Building 227 West Jefferson Blvd APR 1$ 2016 South Bend, Indiana 46601 1 AREA PLAN COMMISSION Dear Mr Chappuies, 1 t ,tf�++t,r, *� Nio 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 /5712CB97InternalPLEXISP... 4/18/2016 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 June 2, 2016 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 'RE: Petition for Special Exception Ramy Kizy 06/01/2016 Dear Council Members: Bill No. 16 -49 The above referenced petition ofRamyKizy was legally advertised on April 29, 2016. The Area Board of Zoning Appeals gave it a public hearing on June 1, 2016, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Ms. Schuth and by a unanimous vote, the petition for Special Exception to allow a tobacco store, on property located at 2319 Lincolnway V4lest, Portage Township. Zoned "MU' is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Filed in Clerk's Office Bill No. 16 -49 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 -74- 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 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 IL 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-M. The Common Council of the City of South Bend, Indiana, hereby finds that 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 !..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 ageffl"i lPterk'S OMCS MAY 17 2016 KAREEMAH FOWLER CRY CLERK, SOUTH SEND. IN M 04/19/2015 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 ocat onsat 2321 incoinway West South Bend Smokers Palace. I am the landord for his o Indiana. Nael, S. Suleiman ca - 512- , 47-4) 21 !2 _ Filed b Clerk's Office % ■ 2 1f�! Co ` 7\ § ! ! o (g / { ;% : M� ] 7 \ 016 7 \ ) ` ) �© o \3 / | q § } �EE� ƒIR/ ; FOUR CITY CLERK ! ■ , \ _!,! a [-H @�� SOUTH BEND IN e� n fork's Office m . U J � � H FOWLER CRY CLERK, SOUTH BEND, IN a N CL M �- M N. M N 00 N 00 N 00 N 00 N m N co N Co N 00 N O N 0o N O N co N co N O c0 O O O CD CD CO (O O CD O CD O CD O CD c0 CD O Q CD (D co co O (D Co CD CD (D CO O CL �r �r �r v �r rr 'It "t 't It '�t v AL z z z z z z z z z z z z z z z z C C C C C C C C c c C C C c C C r N m N m 0 m 0 m 0 m 0 m 0 m 0 m N m 0 m N m N m O m 0 m O m 0 m E5 0 0 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 CL cn Cn Cn U co cn w C/) cn cn Cn cn w Cn cn Cn F- 3 3; a w w w z w w w W w w z O z O z O z O w w v > w > > > >> U U U U> .a Q _I O J w J w W w J 0 J 0 J 0 J w J 0 J 0 Z :1 . Z D Z :1 Z D J w J 0 Si Q Co r M LO O l() N O r Cl O O N O r O O O co O r N (D r Lr) O r O CO V- '%t 0 O O r r r r r r r N N V N M N M (141 O r O I r ' p (n O Co O ti O (f) r (O T IT T r O N O N T T` O (0 M N ct V M Lr) M tr) r O O O It Cl) v M 'It M aD r M r O r Nt Cl) r! M 00 r M M Cl) O N 'd' M 'It M It M C M T (T T CA r d7 r LO r LO r LO O O O O T to O 0) r 0) T f` r O T O r 0 r O O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N 2 CO 00 00 M M CO 00 00 co 0o 00 00 00 co 00 00 �w CL r O r O r O O O O O O O O O O O O O O N Q M Lo r d" M (D M If) r M N w N r - O 00 N CO N 00 N Co N M r r O M N � r 3 (DD m cD (D rn It cD m m m m cD CD m m cD (D co cD m m m (D m m to CD m CD co m m 0 v v M 'V' v v rt d v v v a� c 0 — Z Z — -j z — z — z — Z — z z — z — z — z — z — z — z — z — N U v N m N m C 0 m O m 0 m 0 m 0 m 0 m 0 m a) m N m 0 m 0 m 0 m 0 m 'r Y 0 O O O O O O O O O O O O O U) m a- /0 m U) Cn (n /0 VJ C/) (D m (n (n w /0 U) cn U H (J) -j w n J F-- = O F- o O -3 ZU mJ J _j z J U m0z U .6 m fi ¢ 2mcn n a 00 ww w w= wZO w 2? w u' F- Q U) U U 2 w 0 -- w W J m m°' 0Z C.D W 0 W U-j O Z W WQ°� � U �QO 2 M— Oo � W W z z_ ZOOM z w EE o_=U' w�0 Q J w o m J m(D D. J C7 ~Ol 3 O L-O �2 z� Y d O� DQU) Q w zw W�� �U� 'S e� n fork's Office m . U J � � H FOWLER CRY CLERK, SOUTH BEND, IN m N m N m N m N m N m N 00 N m N m N m N m N (D O CD O 0 O O co O O (D O m O (D O 0 O (D O CO co IT Z z z Z z Z Z Z z z Z c c c c c c c c c c c . m m to m m m m d1 m m m O O O O O O O O O O O co Cn Cn U) Cn U) (n co w U) CO Z Z O OU LLJ O � W W UO � W .J .J. W W O -j LU J W O M CO LO OM LO Cl r M. N I N r O r O r M N N O N O N r r r M M r r r N N m r m O d O 'd' Iq cr d O O O M M r M Cl) M M CO) r r r M O O M O M O O O CA O O O O O M O M O M O O O N i N i N i N a N i N N N N N N m m m CO m i m i m � m i m � m i m O O O O O O O O O O O (C) r t() I� m N r O (D r to r LO r. m N to h (n I IT r (D (D M O (D O (D (0 (D (D CD (D M (D (D (D Cr) O CO CO (D O V' d' IT -Z z z z z z z z z z z z m m m m z m m m (D L L L L N L 0) N L Cn W U) } O J (n W Cn fn fn LU W 00 J �j Q 2 w O W J m -J W Q Cn W W Q W Q w W Z m m U Z Q Z Z CD D ?(n OZ j Q N z Q 2 p —w O Co L- O D O p LL O 7) O W Mz W Y _ :E ml U) z cn cn z:E AREA BOARD OF ZONING APPEALS I25 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 June 2, 2016 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Gates Toyota 06/01/2016 Dear Council Members: Bill No. 16 -51 The above referenced petition of GatesToyotawas legally advertised on May 12, 2016. The Area Board of Zoning Appeals gave it apublic c- hearing on June 1, 2016, at which time the following actionwastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a unanimous vote, the petition for Special Exception to allow for automobile sales in a "CB" District on property located at 700 W. Ireland Road, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Fled in Clerk's Office JUN 0 8 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 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 7100 W 11r lard 1R—_d vZi v 11v�fal�ii lwdai Bill No. 16 -51 Filed in Clerk's Office MAY :10 2016 HE KAREEMAH FOWLER CITY CLERK, SOtJ iH 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 CITET r!� (w•'naT -'TT T.?ENN 0DI • pT • 1 1 vs• t�vv x�i Lei ii, 3.i�ii3tii'ii-i as iviiJwb: 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 Iocated 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 which is oil iiie in the OrEce of the City Clerk. SECTION M. The Common Council of the City of South Bend, Indiana, hereby finds that: 5/9/2016 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. 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!! 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 finding 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 T quote, "The car sales not only benefit Gates, but they are a huge traffu driver for the Mall and surrounding businesses on Grape Roam" 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. 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 Viif W M " 5502 Walsh promotions-_... RE: Authorizallion to Dealer for OfFsite Walmart Parking Lot Event Gates Automo ve 640 W Ireland d. South Bend, U446614 To whom this ni<av concern; 4 �,e Q Suite 70 ; ii°ogers, AA 7. Please be advi ed that the lot event scheduled for the dates of September 19th — September 231d. 2016 at th Walmart # 3436 located at 700 W Ireland Rd. South Bend, IN has been approved by th Walmart Home Office, the local store manager, and VPA Promotions (the authorized lot p omoter 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 It 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 the 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 h Id such an offsite event. Copies of such permits may be faxed to our offices directly at 1 -88 4949329 or emailed to lotevents@vpapromotions.com Please note, us of a "tent' for event is allowable on the lot, although, the use of tent stakes or any drilling into the Walmart parking lot is strictly prohibited, but use of sand bags, water barrels or concrete blo ks are an acceptable alternative. We appreciate tour business with VPA Promotions - Please don't hesitate to contact me if you have any quest ns. Sincere thanks, Rachael Driggs VPA Promotioris Walmart Lot Team 888 - 70,-4872 �C'*4 � o � � f g � 3 ®. � cc; � Q . C k � �. « / \i $ to to m $ $ - ƒ ■ . z z ■ z z z z z k § § / § k k z co � co cm _ co _ = c k E E 2 \ \ \ \ k \ \ § \ ) 2 2 2 0 . o o c § § 2 S' / R 7' f b » ± § q LU E § \ $ § 2 2 e m Ln @ � S S a a o S / Ln � _ G g _ Crn K § 0 ) © § a m - ^ - 7 m © $ © m / - $ 2 cu / ? k z z 2 @ z z z 2 7 m a 2 2 } / § w 3 m I co / � k « o % 3 k L k \ \ \ j k ) 8 m § © tw k / ]- m » R k § co ]' § ] « § @ j 2 2 \ m o \ \ 2 § 2 R § ° S � § § § o / < (A @ ' 7 u 5 ) m z $ / ] ) e § / Lu § \ § % ƒ j k k § k 2 C u) L Ln E § z d } § z = � ) / § ) u § ) § § _ E w < I? u a ( u u z = Lu 2 a p § § 7 \ @ @ g q G q k k q k � \ \ m LO ) \ / \ \ \ \ \ \ k \ , 2 0 0 \ o § \ A o A G A / c o § @ 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 June 6, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT BRIAN PAWLOWSKI, ACTING EXECUTIVE DIRECTOR South Bend Common Council 41h Floor County -City Building South Bend, IN 46601 RE: Confirming Redevelopment Commission Determination that Erskine Village TIF can be Released for 2017 Dear Council Members: Bill No. 16 -54 PHONE: 574/235 -9371 FAX: 574/235 -9021 Filed in Clerk's Office JUN 06 2016 IKAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Attached for the Common Council's consideration is a proposed resolution which confirms a determination by the South Bend Redevelopment Commission to release the TIF Revenues for the Erskine Village TIF (South Side Development Area Allocation Area #3) for 2017. On June 13, 2016, the Commission will formalize their determination of the TIF revenues of 2017 for Erskine Village will not be needed to satisfy the obligations of the District and, therefore, can be released to the various taxing units. In order for the release to take effect, state law requires the Common Council confirm the determination made by the Redevelopment Commission. Either Aaron Kobb or I will present this Resolution to the Common Council. Thank you for your consideration. Sincerely, PLANNING NEIGHBORHOOD ENGAGEMENT ADMINISTRATION & FINANCE ECONOMIC RESOURCES TIM CORCORAN PAMELA C. MEYER ELIZABETH LEONARD INKS AARON KOBE ,(, X Council, and the fiscal officers for each taxing unit located wholly or partly within the respective Allocation Areas before June 15 of each year written notice of the following: the amount, if any, of excess assessed value that the Common Council has determined may be allocated to the respective taxing units in the manner prescribed in Section 39; and WHEREAS, the Commission, in accordance with the Act, has determined that for tax year payable 2017, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act because the Commission has found that the amount by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value; when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxed necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 3 9; and WHEREAS, the Commission, in accordance with the Act, has submitted its determination to the Common Council for confirmation or modification; and WHEREAS, the Common Council finds that the determination made by the Commission is appropriate and should be confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Sectionl. Confirmation of Commission's Determination. The Common Council confirms the determination made by the Commission that for tax year payable 2017, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act pursuant to the findings made by the Commission that the amount by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payment on bonds, plus the amount necessary for other purposes described in Section 39. CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director May 23, 2016 Bill No. 26 -16 Mr. Tim Scott Council President, South Bend Common Council 4'" Floor, County -City Building South Bend, IN 46601 Re: Ordinance To Amend South Bend Municipal Code Addressing Sidewalk Cafes Under the Americans with Disabilities Act (ADA) Dear Council President Scott, Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code at Chapter 18, Article 1 Section 18 -5 to ensure that sidewalk cafes and any decorative materials or other sidewalk barriers are placed so as to meet current federal Americans with Disabilities Act (ADA) Guidelines. The attached ordinance is substantially similar to Bill No. 25 -16 which was recently withdrawn by the Administration. The difference between Bill No. 25 -16 and the attachment is the Code Section affected by the amendment. Chapter 18, Article 1, Section 18 -5 applies city -wide. 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, (Fat. Kerr, PhD, PE City Engineer Filed in Clerk's Office I IAY 252016 KAREEhVl -; :n4LER CITY CLERK, S {.�54. -i H' BEND, IN including persons with disabilities, or will interfere with pedestrians or with persons in wheelchairs traveling along the sidewalk, the Board shall refuse the application for a permit. -(e) -The permit issued by the Board shall state the name, address and location of the business of the permittee, and in any instance the Board may require that the permittee therein named shall indemnify and save the City harmless against all liability which may result to the City in consequence of the granting of such permit. WW The fee for such permit shall be the sum of ten dollars ($10.00) for a period of one (1) year from the date of issuance. {g) U Any application for a permit or any permit issued hereunder may be refused, revoked or suspended by such Board pursuant to the provisions of this Code. 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 , 2016, at o 'clock . m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in Clerk's Office � st nti ;Ui .v PUBLIC HEARING FMA, 5.2Q I 3 rd READING 2 NOT APPROVED KAREEMAM FOWLER REFERRED I C17Y CLERK, SOUTH BEND, IN PA85T South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION Timothy S. Klusczinski, President 18 May 2016 South Bend Common Council County —Cify Building South Bend, IN 46601 Dear Council Members, 227 WEST JEFFERSON BLVD SOUTH BEND, IN 46601 -1830 www.stjosephcountyindiana.com/sjchp/index.htrnl Phone, 574 -235 -9798 Fax: 574-235-9578 e -mail: S]BSJCHPC@co.st-joseph.in.us Bill No. 27 -16 A Certified Local Government Elicia Feasel, Executive Director At the May 16, 2016 meeting of the Historic Preservation Commission of South Bend & St. Joseph County, the Commission held second reading on the proposed Local Landmark Designation for 803 West Washington, commonly known as the Kizer House. The owner of the property spoke in favor, none in opposition. The Com- mission unanimously passed a Resolution recommending to the Common Council the establishment of 803 West Washington, for Historic Landmark status. A copy of Resolution No. 16 -01 is enclosed as well as a copy of the Proposed Local Landmark staff report, a letter from the owners requesting designation, and a signed Owner Consent form. I look forward to its inclusion on a future Council agenda and am glad to answer any questions you may have. Sincerely, Elicia Feasel Executive Director COMMISSIONERS Thomas Gordon (Vice President) Mike Vol] (Treasurer) Jennifer Parker (Architectural Historian) Elizabeth Hertel (Secretary) Kevin Buccellato Brandon Anderson Michele Gelfman STAFF Deb Parcell, Deputy Director Brett Hummer, Legal Counsel Steve Szaday, Preservation Specialist Filed in Clerk's Office MAY 2 0 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN HISTORIC PRESERVATION COMMISSION OR SOUTH BEND & ST. JOSEPH COUNTY EST. 1973 2. Its suitability for preservation. The building fulfills criteria #2 by the integrity of the original construction with only minor alterations. Alterations are limited to the addition of three dormers c. 1940, replacement of the original red tile roof with asphalt shingles in the 1980's, and reduction in height ofthe two front chimneys by fourteen courses (for safety reasons). The matching porte cochere and rear porch and kitchen wing were added to the house sometime after the original house's construction. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria 43 by its association with William L. Kizer, a prominent South Bend business leader, who founded the South Bend real estate, insurance, investment and loan company, Kizer & Woolverton, and was a primary investor and officer of South Bend Malleable Range Company. In addition, he served as South Bend city commissioner, and was a director of St. Joseph Loan and Trust. The Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council. Following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565- 73, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. Designation. The structure and real property known as the Kizer House and located at 803 West Washington, in the City of South Bend, Indiana, shall be and hereby is designated and established as a Historic Landmark pursuant to Ordinance No. 5565 -73, as amended. That such designated and established Historic Landmark is more particularly described as: PARCELI: 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 north line of Washington Street (now Washington Avenue) in said City, at a point 24 3/4 feet East of the southeast corner of said Bank OutLot 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 °37'40" right from the last described course extended thence Southwesterly 156.30 feet along an are tothe right having a radius of 909.93 feet and subtended by a long chord having a length of 156.03 RESOLUTION NO. 16 -01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA RECOMMENDING THE ESTABLISHMENT OF 803 WEST WASHINGTON, SOUTH BEND, INDIANA HISTORIC LANDMARK STATUS WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission ") exists and operates under the provisions of ordinances enacted by the Common Council of the City of South Bend, Indiana, and the County Council of St. Joseph County, Indiana (the "Enabling Ordinances "); and WHEREAS, the Commission is empowered, pursuant to the Enabling Ordinances, to make recommendations to the Common Council of the City of South Bend, Indiana for the establishment of historical landmarks; and WHEREAS, the owner of the property located at 803 West Washington, South Bend, Indiana, (the "Property ") has petitioned the Commission to have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565 -73, as amended; and WHEREAS, the Property is located in the West Washington Historic District and is recognized. in the Indiana Historic Sites and Structures Inventory of South Bend with a rating of "Outstanding"; and WHEREAS, the staff of the Commission has prepared a report and recommendation for the Commission, which has reviewed the petition and Consent of the owner and the report prepared by the staff and has heard and discussed the recommendation of the staff for the designation of the Property as a Historic Landmark; and WHEREAS, the Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565 -73, as amended. Pw Q'I OW r. �-77t' Kizer House 803 West Washington Historical Context: William L. Kizer (1844 —1917) was one of South Bend's foremost business leaders. Kizer was born into a pioneer farming family with property on Portage Road in German Township. W.L. Kizer was educated in the district schools and received a college education. William grew up to be an expert on finance and investment. In 1865, he was appointed deputy collector of Internal Revenue for the fifth division of the ninth revenue district of Indiana. He later was transferred to the general office of the ninth district under Col. Norman Eddy until 1868. With his longtime friend, Jacob Woolverton, he founded Kizer & Woolverton, a South Bend company that specialized in real estate, insurance, investments, and loans. Kizer and Woolverton remained partners for 48 years until the death of W.L. Kizer on December 22, 1917, at 73 years of age. He was a primary investor and officer of the South Bend Malleable Range Company, and his other investments and projects included railroads, a timber company, a patent medicine company, and local real estate. He served as a South Bend City Commissioner under David R. Leeper (1892 -94), and was director of St. Joseph Loan & Trust. Kizer also served as a booster for the Lincoln Highway Association assisting in bringing the Lincoln Highway through South Bend in 1913. On May 11, 1870, William Kizer married Elizabeth Brick, whose brother, South Bend attorney Abraham Lincoln Brick, was a Republican member of Congress from 1899 until his death in 1908. William and Elizabeth purchased their lot for a new home, which sat adjacent to the Brick residence, on April 25, :L887 for $3,300. Around that same year, the couple built their Romanesque Revival home at 803 West Washington in South Bend — a full decade before the Oliver Mansion, located directly across the street. The 1896 Tax Duplicate Book lists the value of the lot as $3,35o and a value of improvements as $11,790, giving the property a total value of $15,140. This is slightly less than Tippecanoe Place, owned by Clement Studebaker. William and Elizabeth had three children: Horace (1874), Willomine (1877), and Ward (1884). Ward died in 1902 due to a congenital heart problem; Horace died in 1914 after suffering a stroke. Mrs. Elizabeth Kizer died at the mansion on October 30, 1927. In 1904, Willomine married Thomas Enoch Morrison, who was originally from LaPorte and worked in insurance in South Bend. Their marriage ended in divorce in 1916; they had no children, and Morrison died in Logansport State Hospital in 1919. Willomine lived in the mansion until her death on May 15, 1929 at 51 years old. Description of Building: The Kizer House is part of the West Washington National Register Historic District. The house is in the Romanesque Revival style with a full three stories and basement. Location Notes /Legal Description: The land referred to in this Commitment, situated in the County of St Joseph, State of Indiana, is described as follows: 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 north line of Washington Street (now Washington Avenue) in said City, at a point 24 3/4 feet East of the southeast corner of said Bank Out Lot Numbered 31; thence running West on the north line of said Washington Avenue a distance of 7o 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 43.6o feet along a line with a deflection angle of 96 °37'40" 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 1 006.24" 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 89 056'50" East along said Northerly right -of -way line projected East, a distance of 6.19 feet; thence North 8 °53'5'8" East, a distance of 76.25 feet; thence North 11 °10'11" East, a distance of 114.09 feet; thence North 4 028'16" East, a distance of 11.49 feet to the Southerly line of the 14 foot alley project 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 7 025'20" West along said Westerly right -of -way line, a distance of 200.40 feet to the place of beginning containing 2053 square feet more or less. Landmarks Criteria: The life of William Kizer and his major impact on the city of South Bend makes his home an ideal candidate for local landmark status. Kizer was at the forefront of this town when it was officially established as a city in 1865. His companies, investments, and service to the community are very well documented in early resources and publication on the founding of the city of South Bend. Kizer is known for his real estate, a INDIANA LANDMARKS Northern Regional Office 402 West Washington Street, South Bend, IN 46601 5i42324534/8004504534/wwtv.indianalandmai-ks.org January 25, 2016 Mr. Tim Klusczinski President Historic Preservation Commission of South Bend and Saint Joseph County 125 South Lafayette Blvd, South Bend, 46601 Re: Local Landmark designation for 803 W. Washington Dear Mr. Klusczinski, We are writing today seeking Local Landmark designation for 803 W. Washington. Known historically as the William Kizer House, the outstanding Romanesque style home is a community and neighborhood landmark and the home of one of South Bend's leading businessmen of his time. Indiana Landmarks supports the work of historic preservation commissions around the State as a tool for local communities to promote and protect their special places. We can think of no more worthy property for designation than the Kizer House and no better commission for such oversight than that Historic Preservation Commission of South Bend and St. Joseph County. We are interested in moving the designation through at the earliest convenience of the Commission. We are pleased to provide copies of our research that has been completed on the property or architectural background information as is helpful. Thank you for prompt attention to our request. We look forward to working with you, the members of the Commission and your staff to complete this important honor. Sincerely, Todd A. Zeiger Director, Northern Regional Office CC. Elicia Feasel, Director, HPCSBSCJ Fled in Clerk's Office E MAY E- KAREEMAH FOWLER CRY CLERK SOUTH SEND, IN INDIANA LANDMARKS REVITALIZES COMMUNITIES, RECONNECTS US TO OUR HERITAGE AND SAVES MEANINGFUL PLACES. Bill No. 28 -16 "#—Af,j4 Z>anch, Plarnear ck Associates, lnc. Land Surveyors 0 Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 W Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of June 6, 2016 South Bend Common Council 4"' Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 1311 North Ironwood Drive, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their property located at 1311 North Ironwood Drive, South Bend, Indiana. This requested Rezoning would allow for the approval to renovate an existing single - family home into a professional office. Our clients believe the improvements proposed for the property would be in keeping with the existing mixed use nature of professional offices and residential along this portion of North Ironwood Drive. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harper & Associates File No. 160140 "C" Md. Filed in Clerk's Office E N 0 7? MREEMq f! FOWL" WYCLERK, SOUTH B Nn. i Bill No. 28 -16 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1311 IRONWOOD DRIVE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF1 Single Family & Two Family District to OB Office Buffer District, 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT# 1 OF THE PLAT OF "WOODED ESTATES SUBDIVISION" AS RECORDED IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 02 °- 50' -32" E.(ALL BEARINGS ASSUMED) ALONG THE WEST RIGHT -OF -WAY LINE OF IRONWOOD DRIVE A DISTANCE OF 90. 0 FEET MORE OR LESS; THENCE S. 900- 00' -00" W, A DISTANCE OF 367.0 FEET MORE OR LESS; THENCE N 000-00'-00" W, A DISTANCE OF 91. 0 FEET MORE OR LESS TO THE SOUTH LINE OF SAID SUBDIVISION PLAT,- THENCE N 900- 00' -00" E. ALONG SAID SOUTH LINE A DISTANCE OF 363.33 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0. 76 ACRES MORE OR LESS. be and the same is hereby established as OB Office Buffer District. SECTION 11. 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 PETITION FOR A COMBINED HEARING Citzof 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 and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 1311 North Ironwood Drive, South Bend, Indiana 46615. 2) The property Tax Key Number(s) is /are: Key # 1: 18- 51515 - 567401 3) Name and address of property owner(s) of the petition site: JJAGG Properties LLC 1323 North Ironwood Drive South Bend, Indiana 46615 574- 232 -9999 E -Mail Address: N/A 4) Name and address of contingent purchaser(s), if applicable: N/A E-Mail Address N/A 5) It is desired and requested that this property be rezoned: From: SF I Single Family and Two Family District To: OB Office Buffer District Fred in Clerk`s Office JUN .0 7 2016 CITY CLERK SOUTH g@ A NQ, IN 6) This rezoning is requested to allow the following use(s): Professional Office Use. If applicable, a detailed description and the purpose of the variance(s) being requested, (See Attached): 7). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances. 8) If applicable, a detailed description and purpose of the Special Exception(s) being requested: N/A 9) A statement on how each of the following standards for the granting of a Special Exception is met: N/A 10) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site PIan. 11) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 12) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF LOT # 1 OF THE PLAT OF "WOODED ESTATES SUBDIVISION" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, THENCE S. 02 °- 50' -32" E. (ALL BEARINGS ASSUMED) ALONG THE WEST RIGHT -OF -WAY LINE OF IRONWOOD DRIVE A DISTANCE OF 9 0. 0 FEET MORE OR LESS; THENCE S. 90 °- 00' -00" W, A DISTANCE OF 367.0 FEET MORE OR LESS; THENCE N. 00 °- 00' -00" W., A DISTANCE OF 91.0 FEET MORE OR LESS TO THE SOUTH LINE OF SAID SUBDIVISION PLAT, THENCE N. 900- 00' -00" E. ALONG SAID SOUTH LINE A DISTANCE OF 363.33 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.76 ACRES MORE OR LESS Fled in Clerk's Office JUN 0 7 2016 KAREEMAH FOWLER CIT`! CLERK, SOUTH BEND, IN lines which would make it difficult to place trees in that utility area. Approval of this variance should not adversely affect the surrounding properties. 3). Approval to allow proposed parking spaces and a access driveway'to encroach into the north and south Residential Bufferyard areas as shown. The Petitioners worked with the planning staff to locate the proposed parking behind the building as shown. The parking bay was centered in the property to provide the maximum landscape buffer area between the proposed parking spaces and the adjacent residential properties. The parking spaces would encroach approximately 2 feet into the bufferyard area. With the proposed fencing and landscaping the Petitioners believe this will provide an adequate buffer for the proposed improvements from the residential properties. There will also be a driveway that will cross the bufferyard area to allow the parking lot to have direct access to a public alley as shown. Approval of this variance should not have a negative impact on adjacent properties. 4). From the requirement of providing off - street parking screening for parking spaces located in a residential side bufferyard area. The Petitioners would ask not to be required to add additional screening for the proposed parking bay as it will be screened by proposed fencing and evergreen plant materials as shown. The only area not directly screened is along the north where the parking on site is adjacent to existing parking. The Petitioners believe they are meeting the intent of the ordinances with the proposed screening elements. Approval of this variance should not have a negative impact on surrounding properties. . The Petitioners would contend that the strict application of the terms of the zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances are sought: that the request for the Variances at this location arises from such condition peculiar to the property involved and does not exist in similar property in the same zone: and that the use or value of the area adjacent to the property described in the Petition for the Variances will not be adversely affected: and that the granting will not be injurious to the public health, safety, morals, or general welfare of the community. R 02111. 1111 141, gIt, ggi3 I "oil g 5 IN; A1E� k A A o •e• ®a e••o oT$u•kmQ7i o 311191RIM1111 ail a �k $ JAR k z N z a I g P 1111;x111 HUM & 0 op 0 9111" PIP, 11 51 11 11 H Ili p I ii $5_ It NA,.c 9,.m• � C e $ x — IRONWOOD DRIVE (R/W VARIES) tirn x -0 y ZM W4 �s�°°w.nrnn°•�di CAD O m �. D 2 & I$ ROSEMARY LANE 60.0' R/W) _ _ { __ — —-- T' •• �. _ CC...���.�����,•• R/r sav Pro uxe M,' uue n Ap Oy N I o -,�9A - - - - - - - - m I I 5 w i C. A z I E' FI ---- iwa• - - - -- I m I A OP9C00'r 9,n+ p 1 WA�1 I II�o O Z '-Y Oil. I CA 7g �oZ allog r9 Es c 3 n I4 4 Q xia n/w ua ? _ 1 a I 2D' Pn. ,,c PU=C ALM z m m CA I i I I o NG�F II n > m � I >sn • AiA vE NA,.c 9,.m• � C e $ x — IRONWOOD DRIVE (R/W VARIES) tirn x -0 y ZM W4 �s�°°w.nrnn°•�di CAD O m �. D 2 Bill No. 29 -16 "#_ALAq_ Z>anch, "car-newr 4V Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: 574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4'' Floor County -City Building South Bend, Indiana 46601 April 25, 2016 RE: Alley Vacation — First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. and the First East/West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street, South Bend, Indiana; Dear Council Members: On behalf of our clients, City of South Bend Department of Community Investment, we are requesting the approval of the Vacation for all the Public Alleys known as the First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. and the First East/West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street, South Bend, Indiana The reason for this request is to allow for the future development to occur east of Ignition Park. Once the Alleys are vacated, it will allow the City to move ahead with creating a new lot for a future development site. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch President Danch, Hamer & Associates File No. 160121 Filed in Clerk's Office JUN 07 2016 MR -EEMAH FOWLER CITY CLERK, SOUTH BEND, IN 2 SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock . M. Approved and signed by me on the o'clock . M. ter READING PUBLIC HEARX- 3 rd READING NOT APPROVED REMRID "AS' SED City Clerk day of , 2016, at Mayor, City of South Bend, Indiana Filed in Clerk's Office JUN 07 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IM Petitioner: Dept. of Community Investment 227 W. Jefferson Blvd Suite 1400 S 71- 08 -11- 477 - 006.000 -026 South Bend, IN 46601 701 SAMPLE 574- 235 -9371 r ..5r��i���Ec�1�r Purpose: �'� rirC* `+se5 -F3 q w5axiau +n ;ii 5 Alley Is not used. yU�r4o-fidJJr� 5rar at Surface is all grass. 71- 08 -13 -10 - 002.000 026 910 LA YETTE MORI -08-13-10 - 004.000 -026 wo �r r AYETTE $dl 'b01 05.000 026 31A A E IgpH ?1 08 13 #10 046 , —Mrl l_ -' s16 LA AYETT 3 ".0 � r OS 13 =:102 0 7.000 -02 920::LAFAY 71 08 -13-10 - ° t a aJ 924 LA AYETTE Y� ;V HJi�iiar 71 08=13 10 -. . oaf �k�i iiir 1002 LA AYETTE R,4 �' ... ti k" s e G� 6� .'" ° w or I.. o .- w oQ N ogC) Ao 71 -0 o 71 -0 N terWs CO 0o Garst t UN 07 2016 N RE MAH FOW S CLER 'C, SOUTH 8 NIX IN a� Cn 9 71- 08 -14- 228 -001. 322 GARST 104-001.000-026 C) Legend 322 GARST o ® Alleys to be vacated 0 75 150 300 150 It Area of Notification Feet n 71,08-13-1014005.000 026 917 LAFAYETTE T1 08 14 227.002 000'026 71 708,13 . =101 006:000 028 FRANKLIN '' 1005 LAFAYETTE 227 003 000 026 „ , ooh �FtANKL1N 7,1 oa 13 -tio1 oa7000 o2s `1005 904 DUBLIN LAFAY 71 08.14 227 -004 000026 71 08 13 -101. 008.000 -026 `1012 FRANKLIN 1005.LAFAYETTE 71 -W`14-227-005.000-ow . < . 1014 FRANKLIN 08 14- 227:006 000 -026 0: 8 FRANKLIN:: 73 08 -13= 101 - 009.000 =0 127 007 00 026: c 1045 LAFAYETTE 1 2-:F RANKLIN o 127 008.0. 26 ° � 1 4'FRANKLIN °.¢ LEGAL DESCRIPTION: The first alley to be vacated is the first North/South alley East of Franklin Street from Sample Street to Garst Street for a distance of 522.5 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Sample Street from Franklin Street to LaFayette Blvd for a distance of .331.6 feet (not including the North/South alley). Both alleys being a part of South Bend City Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. Document Path: I:\ Projects\ Engineering \Tony\AIIeyVacations \Lafayette Garst St Sample St Franklin St. n.f.- wai�nl a Time: 10:34:28 AM Isar Name• rrmasinnn In j& C N M L1 tL t6 ■O � MM> L � f6 C J � C and Q •d m d� � L co � O J or- � O mZ Q d1 W Z etf m T M Y pNT M M .0 V C?N � Z e}' N IL .1� CD .— v La Ili U�Ntoati N sa'OT$s O � ' fA ' ey I865 Project No. Page No. Date an "r�9 71 08;1 1:01 OQ1�t�0002 19`r�r '"�`I a� r�€a .� ' i• i i o i � �9Q� }:AFgYETTE�� � c cu x ti -c a �<;� � a 917 LAFAYETTE �' � Z Z1 08 13 =101 004:000 0267: �� � 917:LAFAYETTE LEGAL DESCRIPTION: The first alley to be vacated is the first North/South alley East of Franklin Street from Sample Street to Garst Street for a distance of 522.5 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Sample Street from Franklin Street to LaFayette Blvd for a distance of .331.6 feet (not including the North/South alley). Both alleys being a part of South Bend City Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. Document Path: I:\ Projects\ Engineering \Tony\AIIeyVacations \Lafayette Garst St Sample St Franklin St. n.f.- wai�nl a Time: 10:34:28 AM Isar Name• rrmasinnn In j& C N M L1 tL t6 ■O � MM> L � f6 C J � C and Q •d m d� � L co � O J or- � O mZ Q d1 W Z etf m T M Y pNT M M .0 V C?N � Z e}' N IL .1� CD .— v La Ili U�Ntoati N sa'OT$s O � ' fA ' ey I865 Project No. Page No. Date Ili U�Ntoati N sa'OT$s O � ' fA ' ey I865 Project No. Page No. Date 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601 -1830 Mr. David Relos City of South Bend Community. Investment CITY OF SOUTH BEND PETE BUITIGIEG, MAYOR BOARD OF PUBLIC WORKS April 12, 2016 PHONE 574/235 -9251 FAx 574/235 -9171 RE: Alley Vacation — First North/South Alley from Sample St. to Garst between Franklin St. and Lafayette Blvd. and First East/West Alley from Franklin St. to Lafayette Blvd. between Sample St. and Garst (Preliminary Review) Dear Mr. Reios: The Board of Public Works, at its April 12, 2016, meeting, reviewed comments by the Engineering Division, Area Plan .Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please.contact Tony Molnar at (574) 235 -9254 prior to pickins up your radius map You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, X14 Lind M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Alkeyna Aldridge, City Clerk's Office GARY A. GILOT DAviD P. RELos ELIZABETH A. MARADIK TAMES A. MUELLER THERESE J. DQRAU rj Co''C3 a 1. bid nrwm s ale F4rY7T • r' G6 . f$f 1 1 k b 1 , o. b1l {o(o a a i it , _ " 145. � — —�U X1,4 J 1 � .,. ; j @� nQ .r D 1.45 -tea � +p 1 � a bid nrwm s ale F4rY7T • r' G6 . f$f 1 1 �l � ed in CIE 1 JUN 0 I(AREEMAI CITY CLERK, S( Lq T •'r�+J G,-rY o� SodY'H @ado i �'AS�>tt�,�r � g3dRStz s 0 a. ce ao n z O In t3a4 OG OG �5_7a.45 c) r Y ts ia1.73' 62.5 o p al uli 0 axi» { 8 ..s 53 - 'Ll T�•4 267 r W � 1 2 4tN .jl !if you H , , oho 'j B via �O wJF`Q k k b b�Tt i 1 , o. b1l {o(o a a i it , _ " 145. � — —�U uo- � .,. ; j .r � +p 1 � a V� 1 �l � ed in CIE 1 JUN 0 I(AREEMAI CITY CLERK, S( Lq T •'r�+J G,-rY o� SodY'H @ado i �'AS�>tt�,�r � g3dRStz s 0 a. ce ao n z O In t3a4 OG OG �5_7a.45 c) r Y ts ia1.73' 62.5 o p al uli 0 axi» { 8 ..s 53 - 'Ll T�•4 267 r W � 1 2 4tN .jl !if you H , , oho 'j B via �O wJF`Q k k b b�Tt i y, o o. b1l {o(o a a i it uo- x S SO a is M .fir .s as�ss c I r }+ . V�41 =m wI S p�» GG E N n s ST. A ti R� a se n �s icc s $Lvta o - olo o.Io o'�g 8oI$ $I� {$ e 1, V'3 FL a -x V i • u � � o 6G 6G < .ea :0. si Jo' X. - '99 AY . l3 "I I� 00 e Tii QIQ WIC Q' N O' IO O(O 'a04i g Vi V — N Office BEND, IN I � :c U -1 O ~ c � O P ti p�» GG E N n s ST. A ti R� a se n �s icc s $Lvta o - olo o.Io o'�g 8oI$ $I� {$ e 1, V'3 FL a -x V i • u � � o 6G 6G < .ea :0. si Jo' X. - '99 AY . l3 "I I� 00 e Tii QIQ WIC Q' N O' IO O(O 'a04i g Vi V — N Office BEND, IN I � :c U -1 O ~ c � O P ti A ti R� a se n �s icc s $Lvta o - olo o.Io o'�g 8oI$ $I� {$ e 1, V'3 FL a -x V i • u � � o 6G 6G < .ea :0. si Jo' X. - '99 AY . l3 "I I� 00 e Tii QIQ WIC Q' N O' IO O(O 'a04i g Vi V — N Office BEND, IN I � :c U -1 O ~ c � O P ti a se n �s icc s $Lvta o - olo o.Io o'�g 8oI$ $I� {$ e 1, V'3 FL a -x V i • u � � o 6G 6G < .ea :0. si Jo' X. - '99 AY . l3 "I I� 00 e Tii QIQ WIC Q' N O' IO O(O 'a04i g Vi V — N Office BEND, IN I � :c U -1 O ~ c � O P ti < .ea :0. si Jo' X. - '99 AY . l3 "I I� 00 e Tii QIQ WIC Q' N O' IO O(O 'a04i g Vi V — N Office BEND, IN I � :c U -1 O ~ c � O P ti N Office BEND, IN I � :c U -1 O ~ c � O P ti Elizabeth Horvath From: Eugene Eyster Sent: Wednesday, March 02, 201611:41 AM To: Elizabeth Horvath; Pete Kaminski; Michael Bronstetter, Patrick C. Kerr; Chris Dressel; Federico Rodriguez; Larry Magliozzi Subject: RE: Alley Vacation - City of South Bend Ms. Horvath, The Police Department would have no objection to the approval of this request. Lt. E. Eyster Frorh, Elizabeth Horvath Sent: Wednesday, March 02, 201611:14 AM To: Pete Kaminski <pkaminsk@southbendin.gov >; Michael Bronstetter <mbronste @southbendin.gov >; Patrick C. Kerr <pckerr@southbendin.gov >; Chris Dressel <cdressel @southbendin.gov >; Federico Rodriguez <frodrigu @southbendin.gov >; Larry Magliozzi <LMAGLIOZ @co.st josephJn.us >, Eugene Eyster <eeyster @southbend in.gov> Subject: Alley Vacation - City of South Bend Please provide your recommendations. Limey 710"C V Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574 - 235 -3168 Ihorvath @soot hbend in.aov r� + Y INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 31-2/2016 TO: Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Corbitt Kerr, Engineering Department Chris Dresses, Community Investment Federico Rodriguez, Fire Department Larry Magiiozzi, Area Plan Commission (Imaglioz co.st- ioseph.in.us or 235 -9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (mctriffin(5)nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: City of South' Bend — Dave Relos First N/S Alley from Sample St. to Gar A between Franklin LOCATION: St. and Lafayette Blvd. and First E/W Alley from Franklin St. to Lafayette Blvd. between Sample St. and Garst. DATE DUE: March 15, 2016 FAX OR E -MAIL TO: 235 -9171 / Imartin(o)southbendin.aov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC, 36- 7 -3 -13 CRITERIA: 1. The vacation w6u4d/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation w-Gul7 /would not make access to the lands of the aggrieved person N by means of public way difficult-or inconvenient. 3. The vacation wild /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Matthew Chappuies, Planner Date 3/11/2016 Area Plan Commission y i +. >t: X .µ, i gf aA+ PT. OF STUDEBAKER CORRIDOR Ist MWOR REPLAT (ALSO SEE 6.I", JUVENILE CENTER MINOR SUB. Q„ "C° p1, STUDEBAKER CORRIDOR END Q6 MINOR SUB STUDEBAKER CORRIDOR 4TH MINOR SUS - LIFE HOUSE REPLAT OC' ' F. pt. STUDEBAKER CORRIDOR 6TH MINOR SUB.OFLOT2 STUDEBAKER cORRIDOR4THMINOR G' a Wy TECH MINOR 4 'Hi WEAVER'S GARST ST. MINOR SUB- n GARST cm _ _o_es _ 0 T ' �- 0982.01 � 0488.01 n STULL I 0493 f� 0294 g � 0995 psi 0300 ,. ZTa = -0306 _ I r - uo •es• w i — i i s -,1 i i i 1 `I ST n m a -ois3 -ois4 ASS p n p V e 1 -0156 , I8 -$003 — ST -1-6.1 — 2 -0216 • 4' n i f " -0244 -o22G � c w=— y ` q-09:27 IGA7J 5222 S. MICHIGAN STREET SOUTH BEND, INDIANA 466o1 -282I CITY OF SOUTH BEND PETE BUTnGIEG, MAYOR SOUTH BEND FIRE DEPARTME] STEPHEN F COX FIRE CHIEF Common Council President Tim Scott County -City Building South Bend, IN 46601 President Scott, Bill No. 30 -16 PHONE 574/ 235-9255 FAX 5741235-9305 Filed in Clerk's ap Ju_ KREEMAH FOWLER CITY CLERK SOUTH BEN June 6, 2016 I am respectfully requesting the South Bend Common Council consider my recommendation to increase the Ambulance User Fees charged by the South Bend Fire Department. As required by The South Bend Municipal Code, Chapter 9, Article 3, Section 19 -18, I have provided the required 2016 Annual Review of User Fees with the recommendation for an increase that reflects the increase in reimbursement amounts allowed by Medicare. These amounts are current to this year. As I have stated in the past, Medicare typically adjusts this reimbursement allowance at least annually, which usually includes an increase in the rate of reimbursement. If adjustments are not made to our user fees, we are unable to take advantage of Medicare's reimbursement increases. This ordinance also includes a provision for self - effectuating annual fee increases based on Medicare or similar federal or state annual rate adjustments. I recommend adoption of this self - effectuating provision because Medicare and similar rates provide a reliable, pre- approved standard for reasonableness and relationship of cost to service. I appreciate your consideration on this matter. I look forward to presenting the ordinance to Council at your Committee and regular meetings. Sincerely, I ffhief JAMES LUCCBI TODD L. SKWARCAN ANDREW). MYER JOHN CORTHIP.R FEDERICO RODRiGUE2, JR ASST. CHIEP OPERATIONS ASST. CHIEF SERVICES ASST. CHIEP EMS ASST. CHIP.F TRAiNiNG FIRE MARSHAI. IN (b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical services are provided for a patient using a private ambulance, the mileage fee shall not be charged; and further provided that when more than two (2) members of an immediate family residing at the same address are transported per incident, the basic fee, mileage fee, and emergency fee shall only be billed for two (2) persons. (c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside the corporate boundaries of the City of South Bend, Indiana. (d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically necessary supplies and services, plus the provision of BLS ambulance services. The ambulance must be staffed by an individual who is qualified in accordance with State and local laws as an Emergency Medical Technician (EMT)'. (e) Advanced Life Support, Level 1 (ALS1): Means transportation by ground ambulance vehicles, medically necessary supplies and services and either an ALS assessment by ALS personnel or the provision of at least one ALS intervention. 1 ALS1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations, Chapter N, §414.605 entitled "Fee Schedule for Ambulance Services ". Resident Non- Resident Resident Non - Resident (1) Basic Life Support (BLS Nonemergency) $322.19 $ 428.51 (2) Basic Life Support—(BLS Emergency) -T M2.55 �T 681.69 515.49 685.60 (3) Advanced Life Support -(ALS Non Emergency) 384.41 511.26 386.63 514.21 (4) Advanced Life Support-- Emergency (ALS -1 Emergency) 698. - 66 51 -r 809 te 612.15 814.16 (5) Advanced Life Support - {ALS -2 Emergency - 880 94 886.01 1,178.39 ' (6) Mileage, Basic (Within City Limits) (per patient miles, minimum one (1) mile) 12.66 12.66 12.66 12.66 (7) Mileage, Rural (per patient miles, minimum one (1) mile) 19.16 19.16 19.16 19.16 (8) Non - Transport Medical Calls 150.00 200.00 150.00 200.00 (9) Specialized Care (AO 434) 1,041 .11 �T 1,384.67 1,047.09 1,392.63 (b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical services are provided for a patient using a private ambulance, the mileage fee shall not be charged; and further provided that when more than two (2) members of an immediate family residing at the same address are transported per incident, the basic fee, mileage fee, and emergency fee shall only be billed for two (2) persons. (c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside the corporate boundaries of the City of South Bend, Indiana. (d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically necessary supplies and services, plus the provision of BLS ambulance services. The ambulance must be staffed by an individual who is qualified in accordance with State and local laws as an Emergency Medical Technician (EMT)'. (e) Advanced Life Support, Level 1 (ALS1): Means transportation by ground ambulance vehicles, medically necessary supplies and services and either an ALS assessment by ALS personnel or the provision of at least one ALS intervention. 1 ALS1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations, Chapter N, §414.605 entitled "Fee Schedule for Ambulance Services ". at I * READWU PUBUC HEARING 3 rd READING NOT APPROVED Ri6ERMED PMSSib Presented by me to 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. City Clerk day of , 2______, Mayor, City of South Bend, Indiana Filed in Clerk's Office i SUN i 8 2016 KAREEMAH FOWLER CIIYCLERK, SOUTH BEND, IN Bill No. 31 -16 V LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA +6601 (S74) 23S -9571 June 8, 2016 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Rezoning for 314 & 318 St. Peter St., 401 Notre Dame Ave., and 325 Frances St. 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 June 13, 2016 Council meeting, and set it for public hearing at your July 25, 2016. Council meeting. The petition is tentatively scheduled for public hearing at the July 19, 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 Off-, JUN 0 s 2016 KAREEMAI-i i=OWLER CITY CLERK, SOUTH BEND, IN SERVING ST.. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW .STIOS.EPHCOUNTYINDIANA;COM /AR EAPLAN AFOREMENTIONED LOT 344, A DISTANCE OF 212.85 FEET, TO THE EAST RIGHT OF WAY OF ST. PETERS STREET; THENCE NORTH 00" 16'43" WEST, ALONG SAID EAST RIGHT OF WAY, A DISTANCE OF 168.00 FEET TO THE NORTHWEST CORNER OF LOT 338 IN SAID COTIRELL'S SUBDIVISION;.THENCE NORTH 89 041 '52" EAST, ALONG THE NORTH LINE OF SAID LOT 338 AND LOT 344, A DISTANCE OF 212.87 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. AND Parcel 2A: COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A FOUND REBAR WITH CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 102.50 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 °13'51" EAST, A DISTANCE OF 179.87 FEET TO A POINT; THENCE SOUTH 89 °46'09" WEST, A DISTANCE OF 59.50 FEET TO A POINT; THENCE NORTH 00 °13'51" WEST, A DISTANCE OF 59.85 FEET TO A POINT; THENCE NORTH 86 °51 '19" WEST, A DISTANCE OF 148.80 FEET TO A POINT; THENCE NORTH 00 °16'15" WEST, A DISTANCE OF 110.71 FEET TO A POINT; THENCE NORTH 89 °37'04" EAST, A DISTANCE OF 208.12 FEET TO A POINT; TO THE AFOREMENTIONED POINT OF BEGINNING. G ►D Parcel 3: COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION 1S DESCRIBED IN INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A FOUND REBAR WITH CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 384.86 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 °13'51" EAST, A DISTANCE OF 183.05 FEET TO A POINT; THENCE SOUTH89'40'41 "WEST, A DISTANCE OF 207.87 FEET TO A POINT; THENCE NORTH 00 016'15" WEST, A DISTANCE OF 252.00 FEET TO A POINT; THENCE SOUTH 86 051'19" EAST, A DISTANCE OF 148.80 FEET TO A POINT; THENCE SOUTH 00 °13'51" EAST, A DISTANCE OF 59.85 FEET TO A POINT; THENCE NORTH 89 046'09" EAST, A DISTANCE OF 59.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOTS 2 AND PART OF LOTS 46 AND 47 OF "RIVER WALK SUBDIVISION" CONTAINING: 2.55 ACRES OF LAND, be and the same is hereby established as SF2 Single Family & Two Family District. 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. Approved and signed by me on the o'clock . M. City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Filed in Clerl�`s 1 i READING LREEM AH ��� U8 PUBLIC HEARING 3 rd READING NOT APPROVED i tow R REARED CITY CLERK, SOUTH SEND, IN PASSED 7) It is desired and requested that this property be rezoned: Tract l: From: SF2 Single Family Two Family District To: MF1 Urban Corridor Multifamily District Tract 2A: From: MU Mixed Use District To: MF1 Urban Corridor Multifamily District Tract 2B: From: MU Mixed Use District To: SF2 Single Family Two Family District Tract 3: From: SF2 Single Family Two Family District To: MF1 Urban Corridor Multifamily District 8) This rezoning is requested to allow the following use(s): An appropriate mix of housing types within the urban core of the City of South Bend (as noted in 97 above), given adjacent existing and approved land uses and existing neighborhood amenities. In particular, Petitioner seeks rezoning to (a) allow for the construction of new multi family dwellings adjacent to properties currently zoned MF-1 on St. Peter Street, to (b) allow for the construction of new multi family dwellings on Frances Street as a transition between SF -2 zoning and MU- zoning on Frances Street, and to (c) allow for single family dwellings along Notre Dame Avenue adjacent to a portion of the block already zoned SF -2. CONTACT PERSON: Abonmarche Consultants, Inc. Brian McMorrow, Project Manager 750 Lincoln Way East South Bend, IN 46601 574- 232 -8700 bmcmorrow@abonmarche.com Filed in Clerk's JUN 08 t KAREEMAH FORCE-4 CRY CLERK, SOUTH SEND III LEGAL DESCRIPTION I4 -0764 RIVERWALK Tract 1 Re -zone SF2 to MF1 A PART OF THE EAST HALF (E1 /2) OF THE NORTHEAST QUARTER (NE 1 /4) AND PART OF THE EAST HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC: 865 OF THE STATE OF INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 342, OF SAMUEL L. COTTRELL'S SUBDIVISION, MONUMENTED BY A FOUND 1" IRON PIPE; THENCE SOUTH 00 °16'15" EAST, ALONG THE WEST RIGHT OF WAY OF NOTRE DAME AVENUE (66' RIGHT OF WAY), A DISTANCE OF 132.25 FEET, TO A FOUND REBAR WITH CAP MONUMENTING THE NORTHEAST CORNER OF LOT 344 IN SAID COTTRELL'S SUBDIVISION. THENCE SOUTH 89 041'52" WEST ALONG THE NORTH LINE OF SAID LOT 344 TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 016'15" EAST, PARALLEL WITH THE WEST LINE OF SOUTH NOTRE DAME AVENUE A DISTANCE OF 168.00 FEET TO A POINT; THENCE SOUTH 89 041'52" WEST, PARALLEL WITH THE NORTH LINE OF THE AFOREMENTIONED LOT 344, A DISTANCE OF 212.85 FEET, TO THE EAST RIGHT OF WAY OF ST. PETERS STREET; THENCE NORTH 00 016'43" WEST, ALONG SAID EAST RIGHT OF WAY, A DISTANCE OF 168.00 FEET TO THE NORTHWEST CORNER OF LOT 338 IN SAID COTTRELL'S SUBDIVISION; THENCE NORTH 89 041'52" EAST, ALONG THE NORTH LINE OF SAID LOT 338 AND LOT 344, A DISTANCE OF 212.87 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOT 2 OF RIVER WALK SUBDIVISION AND CONTAINING: 0.82 ACRES OF LAND, MORE OR LESS, AND SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND RIGHT OF WAYS OF RECORD. Filed in Clerw`: JUN 08 KAREEMAH Ff)WL "_ CITY CLERK, 50L'T. t RE �.— Ira F: \Projects \2014 Projects \14 -0764 Rlverwalk \Legal Desc & Surveyor Report \14 -0764 LEGAL tract 1 SF2 to MFl .docx LEGAL DESCRIPTION 14 -0764 RIVER WALK Tract "213" MU to MF1 A PART OF THE EAST HALF (E1 /2) OF THE NORTHEAST QUARTER (NE 1/4) AND PART OF THE EAST HALF '(E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC: 865 OF THE STATE OF INDIANA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A FOUND REBAR WITH CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 102.50 FEET, TO A REBAR WITH CAP "PALM " MONUMENTING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 89 °40'59" WEST ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 171.60 FEET TO A FOUND MAG NAIL WITH TAG "PALM" MONUMENTING THE SOUTHWEST CORNER OF SAID LOT 3, BEING A POINT ON THE EAST LINE OF LOT 2 OF SAID "WAYNE STREET PLAZA MINOR SUBDIVISION "; THENCE SOUTH 00° 01' 28" EAST A DISTANCE OF 102.68 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, MONUMENTED BY A FOUND REBAR "FIRM 0044 "; THENCE SOUTH 89 °37'04" WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 36.15 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 01615" EAST, A DISTANCE OF 110.71 FEET TO A POINT; THENCE NORTH 86 051'19" WEST, A DISTANCE OF 136.24 FEET TO A POINT IN THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE; THENCE NORTH 00 °16'15" WEST, ALONG THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE, A DISTANCE OF 102.33 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89 °37'04" EAST, ALONG THE SOUTH LINE OF SAID LOT 2,A DISTANCE OF 136.00 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOT 22 AND PART OF LOT 23 OF "RIVER WALK SUBDIVISION" CONTAINING: 0.33 ACRES OF LAND, MORE OR LESS, AND SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND RIGHT OF WAYS OF RECORD. F: \Projects \2014 Projects \14-0764 Riverwalk \Legal Desc & Surveyor Report \14 -0764 LEGAL multi- family variance 2.docx Filed in Clergy's C E08 JUN 2fllti KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN F: \Projects \2014 ProjectsM4 -0764 Riverwalk \Legal Desc & Surveyor Report \14 -0764 LEGAL PLAT TRACT I.docx Z' State of Indiana office of the Secretary of State CERTIFICATE OF ORGANIZATION of RIFER N _XLK I: Connie Lam-son. Secretart- of State of Iiidi<�r1a, hereb}- certifN, that Articles of organization of the above Donlostic Limited Uability Companv, (LLQ has been presented to me at my office. accompanied bit the fees prescribe) b� la�v and that the documentation presented conforms to law as prescribed by the pr,.)V1S ons of the Indiana Business Fle it ?ilit� Act. N()W. TkiEREFt7RE. with this document Icertify- that said transaction -v4 iil became effective Thursdiay. April 10.2014. In Witness Whereof. I have caused to be affixed m signature and the seal of the state of Indiana. at the Cite of Indianapolis. April 14.20 14 CONNIE LAWSON. SECRETARY OF STATE FILED JUN 0 8 2016 AREA PLAN COMMISSION Filed in Clerk's Of- - JUN 08 2016' I KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN 201404 10(04-1 � 20140410004'71