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HomeMy WebLinkAbout09-14-09 Common Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, SEPTEMBER 14, 2009 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 09-62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING KENNEDY PRIMARY ACADEMY FOR BEING RECOGNIZED WITH THE INDIANA FOUR STAR AWARD FOR ITS ACADEMIC EXCELLENCE 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 49-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2717 SOUTH MAIN STREET, 2721 SOUTH MAIN STREET, 2729 SOUTH MAIN STREET AND 217 OAKSIDE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA 54-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL 58-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9877-08 TO APPROPRIATE AN ADDITIONAL $130,000.00 AND TO READJUST AND REDUCE CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) 59-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $750,873 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, JUNE 5, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 60-09 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 61-09 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 62-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 8. BILLS, THIRD READING TIME: BILL NO. 49-09 THIRD READING ORDINANCE FOR MAIN STREET, SOUTH MAIN COUNCILMANIC SOUTH BEND, II ON A BILL AMENDING THE ZONING PROPERTY LOCATED AT 2717 SOUTH 2721 SOUTH MAIN STREET, 2729 STREET AND 217 OAKSIDE, DISTRICT 6, IN THE CITY OF JDIANA 54-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH .BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE 'CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL 58-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9877-08 TO .APPROPRIATE AN ADDITIONAL $130,000.00 AND TO READJUST AND REDUCE CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) 59-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $750,873 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, JUNE 5, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 9. RESOLUTIONS RTT,T. NO. 09-57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. 10. BILLS, FIRST READING BILL N0. 68-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA 69-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 GARST STREET, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA 70-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAX AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2010 71-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, .INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 72-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,. AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (3) OF THE SOUTH BEND MUNICIPAL CODE BY ADDING ADDITIONAL POWERS AND DUTIES FOR THE COUNCIL`S COMMUNITY RELATIONS COMMITTEE 73-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,. INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BF20WNFIELD SITES WITHIN THE CITY OF SOUTH BEND 74-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA 75-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2009 INCLUDING $1,265,000 FROM LOCAL ROAD AND STREETS FUND (#251) AND $300,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202) 76-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), TRANSFERRING TO FUND #653 THE TOTAL SUM OF $4,541,322 FROM VARIOUS FUNDS, APPROPRIATING THE SUM OF $4,541,322 WITHIN FUND #653 FOR SEWAGE WORKS BOND DEBT SERVICE RESERVE OBLIGATION, AND CLOSING FUND #650 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA BOARD OF ZONING APPEALS 1. BILL 09-59 - SPECIAL EXCEPTION - VACANT LOTS 826 AND 827 EAST OF KALEY ST. 2. BILL 09-60 - SPECIAL EXCEPTION - 616 N. ST. PETER STREET 3. BILL 09-61 - SPECIAL EXCEPTION - 1434 GARLAND CIRCLE 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14: ADJOURNMENT TIME: Resolution No. --~-°--_.~.,.,~,.a.~,°°._..,._'°""m".'-,`.`°"-'__" ~~~~~ r~,'~C1"C~ ~a ' ~ .~~ °vW ~ ~ Y~ A RESOLUTION OF THE COPrfl`dON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING KENNEDY PRIMARY ACADEMY FOR BEING RECOGNIZED WITH THE INDIANA FOUR STAR AWARD FOR TTS ACADENHC EXCELLENCE "Z/~~nw,ca, the South Bend Common Council notes that the Indiana Four Star Awards program was established to recognize schools that have demonstrated academic excellence; and ~~z~recra, competing schools must place in Indiana's upper quartile (25%) in student attendance rates, mathematics proficiency scores, language arts proficiency scores, and passing percentage of language arts and mathematics; plus must meet all "Adequate Yearly Progress" (AYP) standards promulgated under the No Child Left Behind (NCLB) federal statute; and `'~z~ecw, the South Bend Common Council notes that Kennedy Primary Academy located at 609 North Olive Street, South Bend, Indiana, provides an academically challenging curriculum which extends beyond the requirements of the Indiana Academic Standards by focusing on achild-centered environment which emphasizes critical thinking strategies and state-of--the-art technology for intellectual exploration by students and educators; and . `'~/,,~,ke~,o., as a new academic year begins, the South Bend Common Council is proud to acknowledge that South Bend Community School Corporation's Kennedy Primary Academy is listed among Indiana's Four Star Schools with the following scores: 75 Math T-Score 0.9815 Attendance 72 Eng/LA T-Score 94 Percent Pass Both tea,, ore, Ge itreaaGued, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates all of the students, teachers, academic and support staff of Kenney Primary Academy of the South Bend Community School Corporation for its academic excellence as an Indiana Four Star School, and wishes all of these individuals the very best in the 2009-2010 school year. Section II With the dawn of a new school year, the South Bend Common Council encourages all students, educators and parents in the City of South Bend, Indiana, to dedicate their efforts to working together to surpass the "Indiana Department of Education Vision" which provides that: "The academic achievement and career preparation of all Indiana students will be the best in the United States and on par with the most competitive countries in the world". Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 15` District Henry Davis, Jr., 2°Q District Thomas LaFountain, 3`° District Ann Puzzello, 4 District Dr. David Varner, 5`° District ~ ..a John oorde, City Clerk Oliver J. Davis 6`" District Timothy A. Rouse, At Large Al "Buddy" Kirsits, At Large Karen L. White, At Large Kathleen Cekanski-Farrand, Attorney (~O'da,UZ~ tliie~ _ c~'7' ~~itrmz~x, .2009 Stephen J. Luecke, Mayor area Plan Commission of St. Joseph County 11'40 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 August 19, 2009 The Honorable Council of the City of ~~ ~ ~ t South Bend \ 4th Floor, County-City Building South Bend, IN 46601 ~-~9 RE: A proposed ordinance of Huffaker Enterprises, Inc. to zone from LB Local Business District to GI General Industrial District, property located at 2717, 2721 and 2729 S. Main Street and 217 Oakside, City of South Bend - APC# 2524-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Huffaker Enterprises, Inc. was legally advertised on Thursday, August 6, 2009 and that the Area Plan Commission at its public hearing on Tuesday, August 18, 2009 took the following action: Upon a motion by John McNamara, being seconded by Richard Warner and unanimously carried, the proposed ordinance of Huffaker Enterprises, Inc. to zone from LB Local Business District to GI General Industrial District, property located at 2717, 2721 and 2729 S. Main Street and 217 Oakside, City of South Bend is sent to the Common Council with a favorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ~; . w. ~~ 'hn W. Byo JWB:jsc Attachment CC: Huffaker Enterprises, Inc. Company G James A. Masters Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2524-09 Owner: Huffaker Enterprises, Inc. Location: 2717, 2721 and 2729 S. Main Street and 217 Oakside Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business to GI General Industrial District to allow a mortgage services company which provides services such as mowing, demolition, re-key, board-ups, hauling away trash. The property will be used for storage of equipment and steel fabrication. Land Uses and .Zoning: On site: On site is a vacant commercial building and two single family homes. North: To the north is the an adult bookstore zoned LI Light Industrial District. East: To the east are three single family homes and Miller Hydraulic Service zoned LB Local Business District. South: To the south are single family homes zoned SFZ Single Family and Two Family District and vacant land zoned LI Light Industrial District (pending rezoning to GI General Industrial District). West: To the west is Accucast Technology zoned G[ General Industrial District. District uses and development standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial /mixed use districts by less intense industrial districts. Site plan description: The total area is 1.10 acres. There is a 8,575 square foot building and two single family homes on the site. The buildings cover 11, 434 square feet or 24% of the site. No parking is shown on the site plan. There are some paved areas around the houses, covering 5,161 square feet or 11% of the site. The open area is 31,173 square feet or 65% of the site. The site will need variances for setbacks and landscaping. Zoning and land use history & trends: To the south there is a pending rezoning from LI Light Industrial District to GI General Industrial District for the Orangensaft property. (APC #2474) The rezoning is pending the filing of written commitments. Traffic and transgortation considerations: Main Street is a three lane one way south street. Oakside has two lanes. Additional information: (Agency comments) The City Engineer recommends approval subject to drainage and access. No curb cut was shown on the site plan. Any new buildings or pavement must meet drainage calculations. Huffaker Enterprises, Inc. #2524-09 Page I of I 5 Criteria (per IC 36-7-4-603):' 1. Comprehensive Plan: Policy Plan: City Plan. South Bend Comprehensive Plan, November 2006 Land Use 2.4: Provide buffer spaces between non-compatible land uses. Because the building is built on the lot line, there is no room to properly buffer the houses to the south or east with perimeter or foundation landscaping. band Use Plan: The Future Land Use Map shows this area as~ Light Industrial. 2. Current conditions and character: The commercial building is vacant. The two single family homes are functioning as single family homes, however, the petitioners plan to raze them once they are vacated. The area has a mix of single family homes, businesses, and light industrial uses. 3. Most desirable use: The most desirable use is light industrial, commercial or office. 4. Conservation of property values: Surrounding property values may be affected. 5. Responsible development and growth: It is responsible development and growth to protect the residential homes and business area by limiting heavy industrial uses in this area. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. The staff would be more supportive of a LI Light Industrial zoning classification. Analysis: The general area is a mixture of commercial, business and very light industrial uses. The rezoning of this property to the GI General Industrial classification would potentially introduce more intensive and incompatible uses than generally found for amulti-block area along Main Street. Huffaker Enterprises, Inc. #2524-09 Page 2 of 2 yy k '4 W ~ t ~ ~ k ~~ ~ ~'. ` ,~ ¢ e ,.~•K t ,A t C~4'. .y :R y~ VB ~; +~ - Eckman ., _ r . ::~= MIJ ~ _ ~~ tv111 Oaksid~ . r _5<v << . Y3-tj ~ - yy ~ ~ v ~ y 4 e1Ea7^ f :~ r u ~~; ~~.f~fr ~~ ~~ J - TT 4t~~y 1~ Its a ~J - (f A ~ ~ ~ , u ~ . .r >:ry - :~' r4i u ~~z~nin~ frr~m: L ~>« LC~~,~-L ~U~I N E~~ l~ I~T~.I~T f~ >«~If>f GEiVE~A-L INC~V~T~.I~tL ~ITf~I~T ,~onir~c~ Ivey Y~~~~ SOUTHBEND"SF2"SINGLE FAMILY &TWO FAMILY SOUTH BEND "M U" b1 IkED USE SOUTH BEND "LB" LOCAL BUSINES SOUTH BEND "GB" GENERAL BUSINESS SOUTH BEND "LI" LIG HT I NDUSTRIAL SOUTH BEND"GI" GENERALINDUSTRIAL ~: ., ,, Y T-y~•- .. T-: Via.: S '1 inch = 1 ~~ feet ~.~ ~~~~ ORDINANCE NO. _ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2717 SOUTH MAIN STREET, 2721 SOUTH MAIN STREET, 2729 SOUTH MAIN STREET AND 217 OAKSIDE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND fNTENT The purpose of the rezoning is to allow property currently zoned LB Local Business District to be changed to GI General Industrial District for purposes allowed in that district. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: .Lots 45, 46,47,48 and 49 and the adjacent vacated alley in Oakside 2"d Addition to the City of South Bend, St. Joseph County, Indiana Tax Parcel Nos. 18-8014-0663, 18-8014-0666, 18-8014-0667, 18-8014-0668 and 18-8014-0665 Commonly known as 2717 South Main Street, 2721 South Main Street, 2729 South Main Street and 217 Oakside, South Bend, Indiana 46614 Subject to any easements, covenants or restrictions of record. be and the same is hereby established as GI General Industrial. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana ~3~~ 1 st P.EAD}NG ~ PU6UC HEARING 3 rd READING NOT APPROVED REFERRED PASSED ~il~d !n Gt~~k'~ ~~i~~ J U L 3 0 2009 {a! 1 i MLb[Q'~il, d~E• GIL7Y4f1 !~r Date Filed Application No. Date received by the Area Plan Commission AMENDED PETITION FOR REZONING Huffaker Enterprises, Inc., owner of the real estate located at the 2729 South Main Street, South Bend, Indiana, and Company G, as contingent purchaser, hereby makes application to the Common Council of SouthBend, Indianato amendthe SouthBend Zoning ordinance from LB Local Business District to GI General Industrial District for the subject property. In support of this application, the property owner and contingent purchaser submit the following: 1. The property to be rezoned is developed with a commercial building and two (2) single- family dwellings located at 2729 South Main Street, in South Bend, Indiana described as: Lots 45, 46, 47, 48 and 49 and the adjacent vacated alley in Oakside 2"a Addition to the City of South Bend, St. Joseph County, Ilidiana,TaxParcelNos.18-841170So th Ma015tOreet6272gBouth Main Stre t, 0668 and 18-8014-0665, commonly known as 2729 South Main Street and 217 Oakside, South Bend, Indiana 46614. The property consists of five (5) lots and a vacated alley as shown on the attached areal photograph and site survey. The parcel size is approximately 1.1 acres. The two single-family dwellings appear to be existing legal non-conforming uses located in a district currently zoned LB Local Business District. 2. The name and address of the property owner is: Huffaker Enterprises, Inc. c/o Don E. Huffaker 1308 Apple Ridge Court South Bend, Indiana 46614 Telephone: (574) 291-2734 3. The name and address of the contingent purchaser of the property is: Company G 2511 South Main Street South Bend, Indiana 46614 Telephone (574) 287-4674 4. It is desired and requested that the property be rezoned from LB Local Business District to GI General Industrial District. 5. This rezoning is requested to allow the following use: The property will be used as the location of a business (Galloway Mortgage Services, Inc.) that provides services to the mortgage servicing community, such as mowing, demolition, re-lcey services, board-ups, and hauling away trash and furniture left at vacated homes. The property will be used for storage of equipment and steel fabrication on site for building repairs off-site. Dumpsters will be located on-site similar to other business (but not like a waste transfer station). The contingent purchaser presently intend to raze the single-family homes on the site after the current occupants vacate the premises. The contingent purchaser does not intend to evict the occupants. The rezoning for this use will be of benefit to the property and surrounding neighborhood. The rezoning will result in the upgrading of the property and will put to productive use a building that is cturently vacant. 6. Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; (c) five (5) copies of the site plan; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7. By signing this petition, the property owner and the contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submission of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one (1) year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. OWNER: Huffaker Enterprises, Inc. By: '"~~ ames A. asters (#9074-71) ~TEME , FEENEY, MASTERS & CAMPITI, P.C. 211 W. Washington St., Suite 1800 South Bend, Indiana 46601 Telephone: (574) 234-0121 Its: Attorney 2 CONTINGENT PURCHASER Company G By: Its: 7 /_ F_\M ASTERS\CLIENTS\H>t Hskcr, Don E\Rczoning.PETIT10N.wpd area f'I~n Conlr~ission o~ S~. Joseph C®un~y 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 August 19, 2009 The Honorable Council of the City of t ~ ~ ~ ~.~ ~ S ~ -- South Bend - 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal Code, Article 5 Planned Unit Development District, Section 21- 05 Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval. - APC# 2527-09 Dear Council Members: I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, August 6, 2009 and that the Area Plan Commission at its public hearing on Tuesday, August 18, 2009 took the following action: Upon a motion by Dan Brewer, being seconded by Donna Chamblee and carried, the proposed ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal Code, Article 5 Planned Unit Development District, Section 21-OS Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval is sent to the Common Council with a favorable recommendation. Limiting the time that final developments can be approved has no additional public benefit since all requirements of a PUD must be adhered to. Certain adjustments to height, area, bulk and intensity that do not affect surrounding properties can now be done without a new zoning petition. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, cwt (~ !~~ ~~ohn• W. B orni Y JWB:jsc Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Resort APC # 2527-09 ®wner: APC Initiated Location: Text Amendment Jurisdictioh: City of South Bend Requested Action: A proposed ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal Code, Article 5 Planned Unit Development District, Section 21-OS Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing the time limits to obtain secondary approval. Additional information: Planned Unit Developments are large, multi-year projects which typically take a long time to complete. Limiting the time that final developments can be approved has no additional public benefit since all requirements of a PUD must be adhered to. Therefore, staff sees no need to impose a time limit. Certain criteria that would determine amajor/minor change to an existing Planned Unit Development site plan were removed. More latitude can be given administratively for changes without having the petition go through the rezoning process again. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: Limiting the time that final developments can be approved has no additional public benefit since all requirements of a PUD must be adhered to. Certain adjustments to height, area, bulk and intensity that do not affect surrounding properties can now be done without a new zoning petition. APC Initiated #2527-09 Page 1 of 1 Ordinance loo. A1~T ORDII~TANCE OF THE COMMOI~T COUNCIL OF THE CITY OF SOUTH BEND, ll®TDIANA, AMEl`TDIl®iG CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLAl®il\ED UNIT DEVELOPMEl®IT DISTRICT, SECTION 21-OS PLANl®TED UNIT DEVELOPMEI`tT DISTRICT, TO REVISE THE CRITERIA USED Il0T DETERMINIl~IG MAJOR/MINOR CHA1~iGES TO APPROVED SITE PLAleiS AND REMOVIISG TIlVIE LIlVIITS TO OBTAIl®I SECONDARY APPROVAL. STATEMENT OF PURPOSE A1~TD Il~TTTEl®TT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, it has been determined that it is desirable to amend Article 5 Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 5, Planned Unit Development District, Section 21-OS Planned Unit Development, is hereby amended as follows: (c) Procedure For Approval Of A Planned Unit Development (5) Secondary Approval c~ a ~ 7 T- ~ e . k coT , , u (B) ~~e~~rd ~~ ~ ~ -€ u = ~ ~ t Y r v +'+' ~ +1 "\-'/ J ~ ~71~ o ±n_+~ - DTTTI Tl' ,~, ' t 1. +L+1 ~ ' non , t....~.~....~ ~ ~ a v 1i ... ..~~_ ----"r ______~ - - ~ - - ~ rr VL 111 j ~../1 1 ' L, t ~1 11 F 1, .,.,L, ~,,,l,non, k 11 k f'la.-i or ~ 111 r 7 ' + 1,+ .7 ~ .- „ 11 ..,-+; 1, T +k -++1. + cco~z a~ GTtDL7~0 GLTL-IJZI~TQOiaZli~u 1v1 u _r ~~ D T T~~rrraY~. +nirYc Tcui?c~'va+rnrica-uv~~t , E:\OFFICE97\Dcmnts\Ordinances\SouthBend\AMD-TO-NEW-ORD9 PUD.doc - ~ 1 1 11 1 - ~ 1~ IT~I CS ITITV~71.1 ~/li~Jl 11 1 , a 1 + 1, 11 '+1 - -- y ,'., +1-,° , ~' ~+l- DT ~° TTI , .,+;1 Y r wl uvl ~ , , , , ~ ¢~) to ~B {~ to ~ to ~ (-~ to ~ (~ to ~. (d) Modification Of Preliminary Plan Or Secondary Approval Minor modifications to a preliminary plan or secondary approval which has already received approval from the Area Plan Commission or the Executive Director and which do not involve: (a) - , {li}the designation of additional land uses; or ~ `+'~ `' +' "'" "°""'' +°" ;'""''"~ (~ an encroachment into any drainage easement, regulated drain setback or floodplain; , Epee, may be authorized by the Executive Director without a public hearing in its continuing administration of the PUD if, in the determination of the Executive Director, the requested minor modifications do not adversely impact the purpose or intent of the overall development. If the Executive Director determines that the proposed modification is of such a nature as to adversely impact the purpose or intent of the overall development, or if the proposed modification includes: (a) ~ c-~=nc~ `~ , b '11' ° "+°„ i°'+~~£ 1 a ~•~"~• ~~ -the designation of additional land uses; or (-~)-tl-i 3~a~s; -{-d}- b~ an encroachment into any drainage easement, regulated drain setback or floodplain; _ _ _ _ _ _ _ • • ,Petitioner shall be required to file a new petition for zone map change. fig) ~~~="=s=^~~ ~ rim a ~~-, +•~- a ~ r, ,a + ,,.,+; +~ • ,,~ , , .. _ .. ----a -- - ---- - - ~} to (g) Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2009, at o'clock ._m. City Clerk Approved and signed by me on the day of at o'clock _. m. 2009 Mayor of the City of South Bend, Indiana i s~ ~F~~~t~ ~- z~ -o`t Pl16LIC HEARI~~ ' rd READWG .•iOT APPROVED REFERRED /~--P- ~ -ZZ-~~i .. ~ rrrn ~ii~d its ~~~~~'~ ~~~i~~ JUL 3 0 J(3€~h! trGu~Rc CITY CLI~i~iK, ~'J. LE1+fD, is~l. 1200 COUNTY-CITY BUILDING . 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECI{E, MAYOR COMMUNITY S~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIP.ECTOR ' August 17, 2009 Mr. Derek Deiter l \ ~ ~ - ~ _ ~C.~ President, South Bend Common Council ' t 1. \ f -~ t~ 227 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Dear President Deiter: The attached bill for Council consideration and approval will amend the CDBG appropriation ordinance #9877-08 which the Council passed on November 10, 2008. The overall appropriation is being increased by $130,000, and certain project allocations are being adjusted and reduced. This is a companion bill to the CDBG-R ordinance also being sl~bmitted at this same time. This bill revises the November 2008 CDBG ordinance by: 1) Adding the increased award amount of $130,000 2) Reducing the allocation to Code Enforcement for the Demolition of Vacant and Abandoned properties 3) Deleting funding for the Dunbar Corner Rehab (which is covered under the CDBG-R ordinance) 4) Adding the rehab of (1) Hansel Center for the Notre Dame Center for Arts and Culture, and (2) former Engman Natatorium. As the Civil Rights Heritage Center As was indicated in my email to the Council on June 23, 2009 and in my meetings with some Council members, these changes are recommended after consultation with HUD based on the funding best suited for each project. Additionally, these changes were the subject of a Tribune notice on June 24L", a 30 day public comment period that ran from June 25`~ to July 24~', and a public hearing held on July 7, 2009. Should there be any questions on this bill please contact me at 235-5845. I will be present to address this issue at the September 14, 2009 meeting. Thank you. Since~ly, lr~ ~~~ ~ ~ ~C~ Pa era (;.~ Director / ~(~~C~ t1 ~~~'C~q'~ ~~~~~ld cc: Jeff Gibney, Catherine FanellolGregg Zientara, Iohn March, Judy Rosheck i ' AUG 1 2CC9 COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PP.~fELA C. MEYER DONALD E. INKS 5741235-9660 5741235-9371 FAX: 574/235-9697 ELIZABETH LEONARD 574/235-9371 rc:rZ i1i, ,, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE # 9877-08 TO APPROPRIATE AN ADDITIONAL $130,000.00 AND TO READJUST AND REDUCE CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) STATEMENT OF PURPOSE AND INTENT On November 10, 2008, the South Bend Common Council passed Ordinance #9877-08 which appropriated a total of $2,261,981.00 in Community Development Block Grant (CDBG) monies receivable from the United States Department of Housing and Urban Development (HUD). This Ordinance #9877-08 provided for distribution to various City agencies and non- profit private enterprises which perform housing rehabilitation and other services beneficial to the South Bend Community in fin-therance of the HUD grant purposes. Since passage of Ordinance #9877-08, certain operational changes have occurred which require the increase of certain designated appropriations and the decrease of others. Additionally, an increase of the total appropriation by $130,000.00 is required due to receipt of additional HUD fiends awarded to the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The additional sum of $130,000.00 is appropriated within Community Development Fund (#212) constituting an increase in the 2009 Community Development Block Grand (CDBG) award received from the U.S. Department of Housing and Urban Development (HUD) over what the City of South Bend expected when Ordinance #9877-08 was passed on November 10, 2008. Therefore, the total appropriation shall be $2,391,981.00 rather than $2,261,981.00 to be used for all the purposes expressed in Section I of Ordinance #9877-08. SECTION II. The following distributions set forth in Ordinance #9877-08 shall be increased and decreased as follows: Name of Distributee Original Distribution New Distribution Net Change (From) (To) Code Enforcement - $350,000.00' $257,000.00 ($93,000.00) Vacant & Abandoned Building Demolition Program South Bend Heritage $250,000.00 $0.00 ($250,000.00) -Washington (Dunbar Rental Rehab Hansel Center $0.00 $143,000.00 $143,000.00 Engman Natatorium $0.00 $330,000.00 $330,000.00 Totals $600,000.00 $730,000.00 $130,000.00 OVERALL NET CHANGE $130,000.00 SECTION III. All other terms and conditions of Ordinance #9877-08 shall remain in full force and effect. SECTION IV. 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 ouncil Attest: Sigrin~ of r~"~3 J~~E i~ c ,~ ba E~a~~~k~ ra;1 oppo~fi~nity fir p~~~!~ ~?~G~i~tg anti CQ~ncal ac~A~ tan this is~l~a~ City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. City Clerk Approved and signed by me on the day of at o'clock, .m. 1st READING ~-Z~( ~ ~ PUBLIC HEARING 3rd P.EADENG NOT APPROVEf3 REFERRED PASSED M AUG 1 9 2009 J04'M VaDRDE CITY CLERK, dG. EEND, IN. 2 , City of South Bend, Indiana J 1200 COIJ[TC1--CITY BLnLDING 227 W. JEFFERSON BUULLZ'aRD SOUTH BEND, INDIANA 46601-1830 PHOr.E 574/ 235-9371 Fax 5741235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR ~OMMUNITY ~ ECONOMIC DEVELOPMENT 3EFFREY V. GIBNEY E,xECUTiVE DIRECTOR August 17, 2009 ~, Mr. Derek Deiter ~ ~ ~ ~ '" ~ ` ~~ ~~ President, South Bend ConTlnon Council 227. W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Dear President Deiter: The attached bill for Council consideration and approval will appropriate $750,873 in Community Development Block Grant-Recovery (CDBG-R) funds. This action allocates new funds in accordance with the 2008 Action Plan and Amendment of the Housing and Community Development Plan submitted to the Department of Housing and Urban Development on June 5,2009, and further amended and resubmitted on June 15, 2009. The funds being made available are part of the American Recovery and Reinvestment Act of 2009 (ARRA) and represent a one time formula allocation to South Bend as an entitlement community. As was indicated in my email to the Council on June 23, 2009 and in my meetings with some Council members, the CDBG-R funds have a slightly different focus than regular CDBG funds. CDBG-R funding is provided as an immediate stimulus to the economy as well as to provide long term improvements. The City received the Grant Agreement on July 22, 2009 and has been notified that the Release of Funds date is August 19, 2009. Grantees will have approximately 36 months to use the funds with all fiends being spent no later than September 30, 2012. Should there be any questions on this bill please contact me at 235-5845. I will be present to address this issue at the September 14, 2009 meeting. Thank you. Sincerely, amela C. Meyer ~ Director cc: Jeff Gibney Catherine Fanello/Gregg Zientara John March Judy Rosheclc ?~C~ E€3 ~(~1'~'~ ~1~[G~ AUG 1 0 2009 J~i"i i~~ MtaJd Ri{.'~ c~r~ c~ti~~~, ~a. s~r~y, ~~. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGIL4M PAn1ELA C. MEYER DONALD E. INxS NL\NAGEMENT 5741235-9660 5741235-9371 ELIZP.BETH LEONARD U F.ax: 574/235-9697 5741235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $750,873 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGR.ANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, JUNE 5, 2009, TO BE ADMII~TISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is committed to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, has applied for and has received on JULY 22, 2009 the approval of the United States Department of Housing and Urban Development to expend $750,873 in the execution of certain housing rehabilitation/assistance, neighborhood development, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $750,873 is hereby appropriated for the program year starting June 5, 2009, for the City of South Bend's Community Development Block Grant-Recovery Program (Program Year 2008). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under Title XII of Division A of the American Recovery and Reinvestment Act of 2009 (Recovery Act) and of the Code of Federal Regulations, Part Five Hundred and Seventy (570) for the Community Development Program. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2008 Housing and Community Development (HCD) Action Plan and Amendment, which are hereby approved and incorporated by reference with respect to the following distributions: B-09MY-18-0011 Communi Development Block Grant-Recovery Program Dept. of Community & Economic Development -Planning & Admin 7,500 South Bend Heritage Foundation -Dunbar Corner Geo Thermal Heating 281,250 South Bend Heritage Foundation-Salvation Army Service Center 16,500 C:~DOCUME-IUTALBOOM~I,OCALS-1\TEMP~'GRPWISE~2009CDBG-R LETTER AND ORDWANCE.DOC REAL Services Home Modification Program 352,623 South Bend Heritage Foundation-208 Chapin Rehab 93,000 TOTAL $ 750,873 SECTION II. No costs will be incurred or funds expended for any of the activities addressed in this ordinance prior to completion of Tier II of the Enviromnental Review Process specified in Title Twenty-four (24) of the Code of Federal Regulations, Part Fifty Eight (58) containing the Enviroml7ental Review Procedures for the Community Development Block Grant Program. The Department of Housing and Urban Development has stated that the official release of fields date is August 19, 2009. SECTION III. This Ordinance shall be in fiill force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common ~ouncil Attest: City Clerk ,,~( j~~! nit C tip , j. ~ :~~+c lS~I 3~i~;i ~~l ~24~ ~at~i~r ~ Presented by ine to the Mayor of the City of South Bend, Indiana on the 20 , at o'clock .m. day of City Clerk at ~ st READING ~ ~•'~ _c~ ~ PUBLIC HEARING 3 rd READING hdOT APPROV`=~J Approved and signed by me on the o'clock .m. day of 1 CiF-~~ }~~ ~clf~~c~g ~7 ca°y~li3.l~ ~X J^I'Pr ~~C7~ tDE GiTY GLGE~IS, £~C}. ?~Es:~, f'•!. 20 , Stephen J. Lueclce, Mayor REfERRF1~ A A ~r~w S ORDINANCE NO. AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 . STATEMENT OF PURPOSE AND INTENT: It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2009 to be collected in the year 2010 the following: For CORPORATION GENERAL FUND, the sum of $2.8000 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $0.5200 on each one hundred dollars of Taxable Property. For FIREFIGHTERS' PENSION FUND, the sum of $0.0000 on each one hundred dollars of Taxable Property. For POLICEMEN'S PENSION FUND, the sum of $0.0000 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $0.080 on each one hundred dollars of Taxable Property. Total Civil City Rate $3.400 For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $0.0900 on each one hundred dollars of Taxable Property. Total Redevelopment Rate $0.0900 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: Q~ $s'4€~ ~~ ~a ~~`~ ~ ~ r~ti~3't$.~~ ~vC ~;ta~3~6~ ~2~~~11~ ~I~~ ~ ~~ ~~ ISS~I~~ City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock _. m. Deputy City Clerk Approved and signed by me on the day of 2 , at o'clock .m. 1 st R'~ARIN~ b~ ° ~~ ~ ct PUBLIC HEARING 1 3rd READit~lG !OT APPRO.V~ Mayor, City of South Bend, Indiana AUG 2 4 200 ,fG`t~i~i LufiiG;" CITY GLE'".I:, SJ, EEt~[i~ I~• .EFERREI~ PASSED .. CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF t11JMINISTRATION AND FINAI~ICE GREGG D. ZIENTARA C,oNTROLLER August 24, 2009 Derek Dietel-, President South Bend Common Council 4`~' Floor County-City Building South Bend, IN 46601 RE: An Ordinance Levying Taxes and Fixing Rate of Taxation to Meet City Expenses for 2010 Dear President Dieter: Attached is a substitute veI-sion of Bill No. 60-09 fixing the City's tax rate for the fiscal year ending December 31, 2010. The substitute version was required due to some arithmetic errors in the Bill as originally submitted. Again, I will present this substitute version of Bill No. 60-09 at the Common Council's appropriate Personal and Finance Committee meeting and at the public hearing. Thank yo for your consideration. . Sincere Gregg ientara City Con roper T G,,. t-" ~PirT~ ~~~.~E~~ ~lE~~ i. s ~n~I~;.4 a~ ~ ~~U L -= C~lO9 Jt?!I[~'~iSSii~7r CITY Ct,Eri~, co. ~E!~!D, !~!. COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-I83O 0~~, . PHONE 574/235-9216 FAx 574/235-9923 TDD 574/235-5567 L~ CITY OF SOUTH BEND STEPHEN J. LIIECKE, MAYOR DEPARTMENT OF ADMINISTRATION A.l~ID FI1~T~NCE GREGG D. ZIENTARA CONTROLLER August 19, 2009 f~~ t ~ ~ *~J ~ - ~j~- Derek Dieter, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 RE: An Ordinance Appropriating Monies to Defray Deparhnental Expenses in Fiscal Year 2010 Dear President Dieter: Attached for filing with the South Bend Common Council is an ordinance appropriating monies from the General Fund in order to defray expenses of various City Departments in fiscal year 2010, January 1, 2010 through December 31, 2010. This ordinance is being filed contemporaneously with an ordinance appropriating monies in various City Enterprise Funds. Like that ordinance, this one does not include specific dollar amounts because our office is still making calculations. A substitute ordinance will be filing containing specific dollar amounts. I will present this ordinance at the Common Council's appropriate Personal and Finance Committee meeting and at the public hearing. Thank you for your consideration. Sincere Gregg D. ~ rtara City Cont Ile [ pp ~'i ,~ aF` F fly ~~~8~e~a"' ~~iCc~'~"5v rlEv h ! n ~ q 2~~g ~ ~,J~ { ~1)~ ~f X11, °v".i. :i ~,i?4Ai. '~`~ COUNTY-CITY BUILDING 227 W. rEFFER50N BOULEVARD SOUTH BEND, INDIANA 46GO1-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT - STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several departments of the Civil City of South Bend, Indiana for 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2010, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2010, there is hereby appropriated out of the General Fund and from Funds other than the General Fund, of said City to wit: Park and Recreation Fund Park Recreation Non-Reverting Fund East Race Waterway Motor Vehicle Highway Fund Community and Economic Development Fund Human Rights -Federal Fund Local Roads and Streets Fund Liability Insurance & Premium Reserve Fund Self-Funded Employee Benefit Fund Central Services Fund Redevelopment Bond Fund (College Football Hall of Fame) Professional Sports Development Fund County Option Income Tax Fund Cumulative Capital Development Fund Cumulative Capital Improvement Fund County Economic Development Income Tax Fund E.M.S. Capital Improvement Fund River Rescue Fund Hazmat Fund Morris Performing Arts Center Capital Coveleski Stadium Capital Park Department Non-_Reverting Capital Fund Fire Pension Fund Police Pension Fund SECTION III. 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 ~ ~' ~;~ fr y,."~stfjr,., ~7~ Attest: ¢, ~l ar.q F~13~:,~ ~~i~~Ef3~ €~"~ ~~~~ ~~ ~'3~ f~~lj~F City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock _. m. Deputy City Clerk Approved and signed by me on the day of 2 , at o'clock .m. Mayor, City of South Bend, Indiana ~ 5t REA©ING ~ `~-'{ -~~ ~ rUELIC 'rlEP.la`3G 3rd RE~'1DfNG NOT F,P~'ROVF~ REFERRED FASSE~ ~t~~t~ SCI ~~€~~~'~ ~~f~~~ AUG 1 9 2GG9 JC7~td VCu~u~ CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER ^~ ~ August 19, 2009 ~ ` ~ \ ~ ~ ~ ~ L `~ ` Derek Dieter, President South Bend Common Council 4`~' Floor County-City Building South Bend, IN 46601 RE: An Ordinance Appropriating Monies for City Enterprise Funds in Fiscal Year 2010 Dear President Dieter: Attached for filing with the South Bend Common Council is an ordinance appropriating monies to defray expenses for the City of South Bend's various Enterprise Funds in fiscal year 2010, January 1; 2010 through December 31, 2010. Please note that as filed, this ordinance does not contain specific dollar amounts. A substitute ordinance will be filed later containing actual dollars for the designated funds. I will present this ordinance at the Common Council's appropriate Personal and Finance Committee meeting and at the public hearing. Thank you for your consideration. Sincer 1 , Gregg ' ie~Iltara City Co r ]ler ~[rk~ tl't ~~~`~~'~ b~t~~ ,...~ CITY CL?~i'^ rj,~}~V,;;~s, ('=.i, COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIAI~TA 4G6O1-I83O PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2010. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana, its various departments, funds, commissions and institutions for the fiscal year ending December 31, 2010, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section II, and for the purposes hereinafter specified in Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2010, the above appropriations are made within the following funds of the City: Consolidated Building Fund Parking Garage Fund Solid Waste Fund Solid Waste Depreciation Fund Water Works General Operations Fund Water Works Sinking Fund Water Repair Insurance Fund Sewage Repair Fund/Insurance Fund Sewage Works General Operations Fund Sewage Works Depreciation Fund Sewage Works Sinking Fund Project Releaf Fund Century Center Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Counc~l~ Si~~ing of t~~s bi~E i~ o~4y to ~rod~de ~r~ o~~o~tr~r~~ for ~u~~=c f;~~ring ~~~ C~9~1 ~#liltl BSI ~--•- Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock _. m. Deputy City Clerk Approved and signed by me on the 2 , at o `clock .m. day of Mayor, City of South Bend, Indiana 15r READING ~-Z`~-~`~ PUBLIC FlEAR(NG 3 rd READfNG NOT APPROWEC ~~~ ~ ~~ ~~~r'~:'~ Q~~QC~ AUG 1 9 2009 f J~iN ifs°7'v(~_~ REFERRFl?, P,45S~ RESOLUTION NO. A RESOLUTION OF THE COP~ION COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 47011®TIli~ITZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Schafer Gear Works, Inc., South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (SE 1/4) of Section 20 and part of the Southwest Quarter (SW'/4) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana; and being more particularly described as follows: Lots numbered (10) ten and (11) eleven as shown on the recorded plat of the H.G. Baus Centre -Phase One, recorded March 16, 1995, as document number 9507104 in the Office of the Recorder of St. Joseph County, Indiana. and which has Tax Key Number 18-3042-1621 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et se ., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and fmds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal properly tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 2 SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ! ~~ Member of the Common Councril' PRESENTED ~,- ~~~'`~~, l~QT A~6~~Q ~a~PT~t~ :~~"~. sue. ~,, ~tF'"«'~' S ~ t-:'""e '-' _.-~-~- SE, ~k~'~~~ry Ly ~~~.~'~~:ins[ 1 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574! 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY $~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR August 6, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, 1N 46601 RE: Personal Property Tax Abatement Petition for: SCHAFER GEAR WORKS, INCORPORATED Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of various kinds of metal working equipment to be located at 4701 Nimtz Parkway. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at $2,800,000. The project meets the qualifications fora (5) five-year personal property tax abatement and a representative from Schafer Gear Works, Incorporated will be available to meet with the Committee on Monday, August 24, 2009. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, ~~~ ~~~~~ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL RC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 ELIZABETH LEONARD FAX: 574/235-9697 5741235-9371 1200 COUNTY-CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574(235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY 8L ECONOMIC DEVELOPMENT JEFFREY V GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: SCHAFER GEAR WORKS, INCORPORATED DATE: August 6, 2009 On August 5, 2009, a petition for personal property tax abatement consideration for property located at 4701 Nimtz Parkway was filed with the City Clerk by Schafer Gear Works, Incorporated. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition ,investigated the area, and makes the following report. PROJECT SUMMARY Schafer Gear Works manufactures gears and machined components to customer specifications. The company has received new business from three customers that require the purchase of new equipment. The equipment consists of three CNC lathes, one CNC hobbing machine, one CNC gear grinding machine, one CNC machining center, two deburring machines and one internal gear grinding attachment. The total estimated cost of the equipment is $2,800,000. Total taxes to be abated during the (5) five-year abatement period are estimated at $44,531. Total additional taxes to be paid as a result of the project during the five-year abatement period are estimated at $216,721. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL ~' PROGRAM PAMELA C. MEYER DONALD E. INKS 1VIANAGEMENT 574/235-9660 574/235-9371 ELIZ.AEETH LEONARD Fax: 5741235-9697 574/235-9371 South Bend Common Council RE: Tax Abatement for Schafer Gear Works Incorporated August 6, 2009 Page 2 EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create eight (8) new, permanent full-time positions with an annual payroll $249,600. The project will also maintain sixty-seven (67) existing permanent full- time positions with a total annual payroll of $2,852,281. ABATEMENT UALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with nine (9) previous tax abatements. Term/Tune Resolution No. Date 5-year personal property 3710-07 2/26/2007 5-year personal property 3055-02 1/14/2002 10-year real property 2636-98 6/30/1998 5-year personal property 2541-98 1/12/1998 5-year personal property 2285-95 10/09/1995 10-year real property 2148-94 6/27/1994 5-year personal property 2055-93 7/12/1993 5-year personal property 1876-91 6/10/1991 5-year personal property 1631-88 7125/1988 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. 5 YEAR 6-Aug-09 SCRAPER GEAR WORKS, INC. South Bend German Township Personal Property Tax Abatement Schedule'' Tax Key Number 018-3042-1621 Current Assessed Value: 3,521,070 Estimated Project Cost: 2,800,000 Assessed Value: Current Assessed Value Base Assessed Value Less Abatement Deduction Net Assessed Value Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap ' 40% 60% 63% 54% 46% Current 100% 80% 60% 40% 20% AV & Tax Year 1 Year 2 Year 3 Year 4 Year 5 100% 3,521,070 3,521,070 3,521,070 3,521,070 3,521,070 3,521,070 1,120,000 1,680,000 1,764,000 1,512,000 1,288,000 (1 120 000) (1 344 000) (1 058 400) (604,800) (257,600) 3,521,070 3,521,070 3,857,070 4,226,670 4,428,270 4,551,470 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 150, 755 150,755 165,140 180,965 189,596 194,871 25,838) 0 0 0 (14,351) (25,671) 124,917 150,755 165,140 180,965 175,246 169,201 3.0000% 105,632 139,232 156,032 158,552 150,992 144,272 0.5477% 19,285 19,285 21,125 23,149 24,254 24,928 124,917 158,517 _ 177,157 181,702 175,246 169,201 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 124,917 39,734 164,651 13,897 150,755 2 124,917 59,601 184,518 19,378 165,140 3 124,917 62,581 187,498 6,534 180,965 4 124,917 53,641 178,558 3;312 175,246 5 124,917 45,694 170,611 1,411 169,201 Totals 624,585 261,253 885,838 44,531 841,306 "This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. 'Jp4;"' "~f ~'~TF°-i ~~~ STATEMENT OF BENEFITS „: y _! PERSONAL PROPERTY •'• ~ Stale Form 51764 (6-041 °-'-.:-~' Prescribed by the Department of Local Government Finance FORM SB -1 l PP - INSTRUCTIONS: 1. This statement must be submitted to the body designating the economic revitalization area prior to the public hearing if the designating body requires information from fhe applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement moist be submitted td the designating body BEFORE a person installs tfie new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. ''Projects" planned or committed to after July 1, 1987 and areas designated after July 1, 1987 require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval o/ the designating body (City Council, Town Board. Cocinty Council, etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, Form 322 ERA/PPME and/or Form 322 ERA/PP Other, must be filed with the county auditor. Form 322 ERA/PPME and/or Form 322 ERA/PP Other must be filed between March 1 ancJ May 15 of fhe assessment year in which new manufacturing equipment and/or research and development egeiipmerit and/or logistical distribution equipment and/or information technology equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a filing extensfon must (ile the form between March 1. and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991 must submit Form CF-1 annually to show compliance with fhe Statement of benefits. (IC 6-1. i-12.1-5.6) 5. The schedules established under IC 6-i.7-72. i-4(d) and IC 5-1.1-12.1-4.5(e) effective July 1, 2000 apply to any statement of benefits filed on or after Jtrly 1, .2000. The schedules effective prior to July 1, 2000 shali.contincie td apply to those statement of benefits filed before July 1: 2000. Name of taxpayer Address of taxpayer (street anU number city, state and ZIP code) Name of contact person number Name of designating body ~Resolulion number n.. .r.-u nn. ~ rr ~`~ v Count y Taxing distract Location of property CI kW ~ `- q ^ Si t andlor rose rch and development equipment i ,JO i 7 r ESTIMATED pmen Description of manufacturing qu t D andlor logistical distribution egwpment andlor information technology equipmen Start Uate ate Completion (use additional sheets if necessary) ~rtdy~ING MAc-f+rwE~, cA/L G i Manufacturing Equipment ~~ , ~ C c A R He [/-',~tNG NgGr~tJd t ~f~ R& D Equipment CWG C.ATNE S ~3~ Logist Dist Equipment' G1~tG MAoH1N1UG c.Ertr~R ~I~ pFt3wRRtN U rvtA~l-rt-+E ~ IT Equipment' intr .AL Gc'JtR GRINDING TI f Current number Salaries Number retained Salaries Number additional Salaries O ~c a 6 a.8s / 0° G .2ssa.~fi'/_ 00 -.•. ~ •-. NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the Manufacturing Equipment R g D Equipment Logist Dist Equipment' IT Equipment' COST of the property is confidential. Assessed Cost Assessed Assessed Cost Cost Value Cost Assessed Value Value Value Current values c^0 Plus estimated values of proposed project o ppq Less values of any property being replaced . r ~ t Net estimated values upon completion of project ~- •r ~ ~ :~ ~r ~ +~ . ~ r • Estimated solid waste converted (pounds) Other benefits: Estimated~azardaus waste con'er~d jp, gt(~ds) ``11 AUG LUU JQ~°u v`6 N7 Signature of authorized representative I hereby certify that the representations in this statement are true. Title Dafe signed (month, day, year) * See IC fi-1.1-12. We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, pro- vides for the following limitations as authorized under IC 6-1.1-12.1-2. calendar years' (see below). The date this A. The designated area has been limited to a period of lime not to exceed _`~ designation expires is B .The type of deduction that is allowed in the designated area is limited to: ^ Yes ^ N o 1 . Installation of new manufacturing equipment; 2 . Installation of new research and development equipment; ^ Yes ^ N o 3 . Installation of new logistical distribution equipment. ^ Yes ^ N o 4. Installation of new information technology equipment; ^ Yes ^ N o C .The amount of deduction applicable to new manufacturing equipment is limited to .$ value of $ D ..The amount of deduction applicable to new research and development equipment is limited to $ an assessed value of $ _ - E.The amount of deduction applicable to new logistical distribution equipment is limited to $ assessed value of $ . F. The amount of deduction applicable to new information technology equipment is limited to $ assessed value of $ cost with an assessed cost with cost with an cost with an G. Ocher limitations or conditions (specify) H. The deduction for new manufacturing equipment and/or new research and development equipment andlor new logistical distribution equipment andlor new information technology equipment installed and first claimed eligible for deduction after July 1, 2000 is allowed for: ^ 1 year ^ 6 years "` For ERA's established prior to July 1, 2000 0~ a ^ 2 years ^ 7 years 5 or 10 year schedule may be deducted. ^ 3 years ^ 8 years ^ 4 years ^ 9 years ^ 5 years " ^ 10 years `" able a dhhaverdete m'dnedethat the fatal ty of benefitshs suff dent to j stify the deduct otn described aboeveand expectations are reason- Telephone number Date signed (month, day. year) Approved: (signature and title o(authorized member) Attested by: Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 CITY OF SOUTH BEND PETITION FOR TANGIBLE -PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South- Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C.-, 6-1:1-12.1, et sea. • and South Bend Municipal Code Section 2-84.2, et se for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property ("equipment") to be installed, the amount of land to be- used, if any; .the proposed use of the equipment, and a general statement ~ as to the value of the project to your business. ~ ^ ~^ ° ''~ °~ Et~tTt-1/ /ZEc cIVEU iYEW u IIYGSSc.oNTRI~C.TS F2CM TH2~r ~~-Sr0~KERS run ~Q ~ I ~ T/iE 0' ~ l,ASc' ~f N~WcAi.L/f?iNE/yT TGfC EQu.-PM~NT G~io'SiS j ~ 0 !- rH~Et C !.C L.Ar1,f~S c~t~Ec.rac_N~~QrtYG NAcNtldt n~dE GN( Gc/j2 (rRtl~Dft1~ MIiGNIAtt_ ate;- Gllc MA >--I~vrnrG ~~~.iTE2 YWo DEBi,~PRtNGMAr_N~uE~ A~ti~ ~-VC LNTE~Nf1 L i r~ t .T , v~ N LL APP(Zo;CrN,~iET_6 ~'on~c+o Cif R~yErtcr 2. The project will create ~'_ new, permanent jobs within the first. year, representing a new annual payroll of $ ~ ~ 9 6 o a and will maintain ~~ existing permanent full-time and o existing part-time jobs representing an annual payroll of $ ~ The projected annual salaries for each new position created are estimate to be as follows: ~ 3l ao>7 - 3. Estimate the total cost of the Equipment:~.~ 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly' held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST ~~:~AFL2 r~r~2 ~`?ol ivf MT2 P/i~2KwR~' gJaTc k ~ ~IJG ,any. rH /fir Nr? sldDtl~I~tA y6f,~c$ lO ~ (b) The following other persons lease,. intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST Ivor A PP~i~ A ~~ 5 . Give a brief description of 'the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: /~iRI,1i~.FAc'~~[,2iN(r ~F r~~ILS Q.1~D f-!/3c'.i~71v'E1~ ~ r-MPai~EEl~i~ ~- Tn r..u.~TOI~Ik /~ c P~GIFiGI~TIpI'~l ;,. - 6. The commonly known address of the property where the Equipment is to be located is: `?o •r A `~ 7. The Key Number of said property is: I ~ 3 ~ ~f / 6 ~ I 8. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. 9. Attach a map and/or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. 10. Attach photographs of the property; taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ ~ (This information may be obtained from the St. Joseph County Assessors office 235-9523) 12. The current use of the real property where the Equipment is to be installed is ~~ ~ It 2 l . ~ i~u. F/~~TC, 2 i /y G n P~ 2 A Tics l~ s and the current zoning is ~_ (use)- and ~_ (height and area). (This information may be obtained from the Building Department 235-9553) (Revised 8/2/02) 2 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES ~ o ~ ,~ a~~ '7 !~ g4 /~ ao l63 ~ ~~ ~rr~~ /n~ oln. 8~' I ib, ~n9 3 (This information may be obtained from the St. Joseph County Treasurers office 235-9531) 14.. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time). ~r~ /~ 2 ~ 1~lIN~C~ rri~~ F-aP~o~E~~ vrRL ERP~'E~ S cu,arE-~r ~Ml~vc~trlF~ ~,o~ y 6 ~^r ~+~~ F R 7 ~o n ? 13 ? R - n 15. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. 'L 16. What is your best estimate of the market value of the new Equipment after installation? $ r o nn 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ 1$. What is the commitment your firm will make to minority employment during the five years of tax abatement? (Revised 8/2/02) - /~~. P~~s,Tlor~s >~PrrziNF !~y/~r~liP~~ Sri~l~FE2rs~A2 we~~~cs r~~. rN1L~ l--l~r f~.~ /~~lFPE1] ~,vDf~lD~.~L~ i,tllTlTdic.T /Zc~G/~~Ch i r~ c ji . n r !~ ~.. h r 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within_which the proposed project would be classified, by number and description: ~~~( SPEED GHI~NITER~ 1..NDl.c.sT ~At_ 1~iGi~-SPc6f~ b2iVES Ard/~(T~ • S~ 21. The Internal Revenue Service Code of Principal Business Activity by .which the proposed project would be classified, by number and description: ,~S"~~ ~P~~DCNRh! ~2S~Pi(~,Sr21ALI~~CH~flc~1~ DrIV~S A~;c GC~RS~ 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: J~12P~27 ~c~uoldPL DEVELOPMEN ~ /3dLE~ 23. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections _503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. /VnN'- 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues (Revised 8/2/02) 4 BUJ ClL-~_Pi9ENT' F~2 iJcu/ Gr~rOld~f? ~c~C~l~l~fS, 25 . The new manufacturing equipment.will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for.any purpose in Indiana. The signature at the end of this Petition is verification of this statement.- ~ - 26. The.following person(s) should be contacted as Petitioner's agent regarding additional -information and public hearing notifications: Name: s r/~ w Bar N k ~ - Address: City, State, Zip Code: SALE ~ r-~ ~Gry~r2NDtrrtf~ ~f66ot8 Telephone: s ~ ~ as ~ ~: ~ ~ r X ; ~~` WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described ,herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): c~ unccr~ CL1}fZvtlo/Z.kS ~_l~lr_. (Signed Name) (Typed or printed name and capacity of signor if signed by an agent or representative of ~1~~~ ~'~4~'~ ~3i~E~~ au~ - 5 2009 ut~1;N V~~ g~P.D, IN. C i~{ CI.;,K, a (Revised 8/2/02) 5 EDIT A LEGAL DESCRIPTION OF REAL PROPERTY Apart of the Southeast Quarter (SE '/.) of Section 20 and part of the Southwest Quarter (SW '/>) of Section 21, Township 38 North, Range 2 East, situate in German Township, St. 7oseph County, Sate of Indiana, and being more particulazly descnbed as follows: Lots numbered ten (10) and eleven (11) as shown on the recorded plat of H.G. Baus Centre -Phase One, recorded Mazch 16, 1995 as document Number 9507104. in the Office of the Recorder of St. Joseph County, Indiana. ~~~~:~~ t~s 4~,;.i~4 k~ '~ AUG - 5 2009 d~;i~1~VS~0 c^,~31i~, fF1. INDIANA EAST - WEST TOLL ROAD _ --_ THE SFA FE Of RIOIAilA °~. CENTER OF SEC 2l, T]9N R2C lr•' (VOL. 567 ~ PG.48G) NW COR SW 1/4 SEC 21, T18N R2C ~ N CORI{ER STONE FOUND ` NW~COR OF SE 1/4 NE COR of Y.EST 120 l,CRES IRON PIPE FOUND \\`` SEC. 20 T]BrF R2E - - ~ SE 1 /{ ~C. ZO T]BN R2E _ _ R W _ IRC.'1 PIPE FOU}ID IRON PIPE FOUND ~ ~~ - _ ~_ - brush nrro rl 8921'12' E 2685.16' `\ 5 U9't7'15 E 197].49" - 5 84'47'15' E 674.77' _ 198.44 _ I ~' ~ ~ - za' eU1LDUJC uraE ~ ( fi2_Sl' 1 / ~ NOR1H UNE SW i/q SEC710N 21 NORTH UNE SE I/4 SECTlGN 20 / I ( w f m h~ „ y~ ~ w - / m~ ~ ~, _ / LDTiD ~' ~`~ - LOT 12 / ]37.998 50. FL o u~ H. G. GADS CEtJTRE, PHASE G:IE / 7,76 AC. 2 'r` ( '~ 3 (DOC. N0. ?507104) ~ rn , ~." n 1 ~ ~ ~ ~~ ~' ~ ~ 1 ° / u' ,, ': 1 D _ ft,'- ~, r c..~ .,.g +~ n Acv d2, ?O\ ~ \ ~ HF ?~ .~. ~ _ sow ~ / ~ ~ ~ ~ ~- (slhat:TT tiREa) ~ ~ ~ ~ Jy` o , TuRq AROUND - rv LDi II ~ 4-~ EASEMENT F 5 ( \ N ~ 321.fi05 S0. FT. / DOC. N0. 950710 I ( ~ ~ w 7.38 AC. h0 I w ~ ! 'Ury'JOIy 'TNp~ q: / ~ y . ~ (p„ so,gz \ Eq rF qy ~ y o NJTERNA710N+LL WDUSTRIAL ~ ~' cTTarlilc scet.E m ~ ry~dj`"lC2 p~ps. °9d ~ ~ ~`r\'~.J I ~~~` (DDC~ oE~7aTe]s2) W ~ rn ~ rq r~J ` ~ ~ u / ~zy ~ iarml o ~~ ~ ~ ~ O t f.a6 ~ lsa n o ~~Y 3 \ t0• q0• F ^T z C • ~ 'W ~ \ ~ 'r1 'J{ ~ 0 4r ~ ~ ~ ~ - LEGEND Z ~-~~'~ ~ ~ TROP PIPE SET hiT}I 2 po • CAP STAMPED IAkB I] ~ I \ F r ~ o IRON PIPE FOUND v C Sf ODR Sri' 1/q`~ n ~ ~ po ~ 5E COR OF riEST 120 ACRES OF 5EC 21 l]BN fl2E a CORNER STQvC FOUND SE COR SEC 20 T361t R2E ~. fTl OF SE 1/I SEC 20 T]0r1 R2E 1/q• CEAR FOUI10 FLllSN JR(NJ PIPE FOUND ` ]J4" GEAR FOUND TLVSH \i N / 2650.9fi ~_ Q ~ rl 09'22'lil' E r ~ l• / N 09'30'1 Vv 6]7.gT ~ ~~ •_ ro ~ EXHIEZT Map of Schafer Lear Works Incorporated (574) 234-4116 Flap of Schafer Gear 1~~-ork~ Incorporated (574) 234-4'i '16 Page 1 of 1 ~~~~~~~ ~•' '' _ Auterf{id ~. _- - ^ ~ ~ C't~y~ ~ ~a ~. aA ~d - a - R. e; ' _ _. - -- Tana. a ' ~ ; ~ ~ Nimt~.y : ~4~ t '~ . ,: aa' .z Gyp 6R _ _ - --- 31 --- x~akt'nrn ~: Ga'fCh~b ~i SH~ ~- - - . ~ n°'r. ,~r~x y~ ~o ~~, . F~x.~ .. z 1. South Bend. c= WthroPSt=- fo+ RegtondAttport ~ ;~ sA. - _ _ ~t 1~ Sautti Pend::. N ~ ~~ s A,egu~A~port .' i ~.~~ ward: ~. "~a P i S 31 ~ ~y: or . 123 dy~W .~. .. n ,~. ~-~ 1070 m . . - , ~ ; ; `L tAmi ~;tD~ CP.E ~ . - `~~Yahoo~,0ata~'?JAVTEQ10t19 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. ~xf~~r3/% ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD AND IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "CB" COMMUNITY BUSINESS DISTRICT TO ALLOW FOR THE DEVELOPMENT OF A HOTEL FACILITY AND RESTAURANT OR SMALL RETAIL SHOPS. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS : LOTS # 1, # 2 AND # 3 OF THE PLAT OF "SHIVELY'S CLEVELAND ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0816485 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 8.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "CB" COMMUNITY BUSINESS DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. ~~.~ ~J -~J~~~--~, ~ u_! MEMBER OF THE COMMON COUNCIL r _ •;` { a ..F@.j !r°f Ss"E V~~}~~~ X41 ~~~'`~S~1pi~~:°.a~ ~'~S' S~''le~R;~b+ S6:Go1$~i~ '"~'`'~i~ 2 ATTEST: CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF , 2 , AT O'CLOCK M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF 2 AT O'CLOCK .M. MAYOR, CITY OF SOUTH BEND, INDIANA 1 sfi READlt~G ~ - (~ ~~ PUBL{C NEARiPJv--' 3 rd REAQWG i~OT APPROVE, ~'Ei=ERRED. .''ASSED. B gc~q, aFt{ p*S. F*E.~R9 rn T?~n~3 r1~~6d 65~ ~~~~uv ai ~~~6Rs io BUG 2 7 2403 J;it{~1'!~JF;Sf~ ~t'T'f ~1 ~~~, a~, F~',~, tt?. DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: SOUTHEASTERLY CORNER OF CLEVELAND ROAD & MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: HUTTO INVESTMENTS, INC. ATTN: JON OR FRANK HUTTO 58000 W, EIGHT MILE ROAD, SUITE 200 NORTHVILLE, MICHIGAN 48167 PHONE NUMBER (248)486-5570. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: NjA 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT TO: "CB" COMMUNITY BUSINESS DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RESTAURANTS OR SMALL RETAIL SHOPS B). HOTEL FACILITY. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 1~" x 11" FORMAT. SIGNED, i ~~ HUTTO INVE TMENTS, INC. PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234-4003 ~il~d ~~ ~~~r~s'~ ~s~~~~ AUG 2 7 2009 JONM ~FO~~€?~ LEGAL DESCRIPTION THAT PART OF THE NORTHEAST .QUARTER OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOTS # 1, # 2 AND # 3 OF THE PLAT OF ."SHIVELY'S CLEVELAND ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0816485 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 8.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. g s,s ~`~~ ,~~~ ~ 7 2~a~ a~s,~~ ~~~~~~ ~~`I`a ~~~ C, ~O~~,r;3~, i~.~ Property Ovrners Within 300 Feet Brick Road LLC 58000 W Eight Mile Road Northville, Ml. 48167 Tax Key # 025 1012 0198 Estes Express Lines 3901 W Broad Richmond, VA 23230 Tax Key # 025 1018 0618 OI Capital Corp 421 S Second St Elkhart, IN. 46516 Tax Key # 025 1018 061612 Pochi Investments LLC P.O. Box 1630 Green Bay, WI. 54305 Tax Key # 025 1018 061611 Tuliptree Associates LLC 2180 Hornig Rd Philadelphia, PA. 19116 Tax Key # 025 1012 019937 ~'wF$Era~ a~ lh~~i 6ld 6y' AUG 2 7 2003 V~,~'e1d 4~~6.i Ylr~ ~~ MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Hutto for their property located corner of Cleveland Road & South Bend, Indiana 46628: Dear Council Members: Land Surveyors Professional Engineers Landscape Architects ~ Land Planners August 17, 2009 Investments, Inc. at the Southeasterly Mayflower Road, Our clients are requesting the approval of a Rezoning Petition for their properties located at the Southeasterly corner of Cleveland Road and Mayflower Road, South Bend, Indiana. This requested Rezoning will allow for the construction of Hotel facility along with multiple sites for Restaurants or small Retail Shops. Our clients believe that this type of development would fit well along this portion of Cleveland Road with easy access to the By-Pass, the Indiana Toll. Road, the existing mixed uses and residential neighborhoods. 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, Harner & Associates File ldo. 090151 "C" Md. ~~t~d ~n ~t~~~b'~ ~i~~c® ~uG 2 ~ Moog JpNNYOQ~~~ ~ 143. Ct~ ~kt^R'~, m 1643 Commerce Drive a South Bend, IN 46628 208 West Mars d Berrien Springs, MI 49103 office 574/234-4003 ® 8001594-4003 n Fax 574/234-4119 office 2691471-3010 ^ Fax 269/471-7237 '~~~1 f~Qw ~~-L~~ ®RDINANCE NO. AN ORDINANCE AIVIENDIIVG THE ZONING ORDINAImICE FOR PROPERTY LOCATED AT 109 GARST STREET, COUNCILIVIANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To continue use of the mechanical contracting and engineering services zoning fro LB Local Business District to LI Light Industrial District. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 2 as shown on the recorded plat of Weaver's Garst Street Minor Subdivision in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 9853563. be and the same is hereby established as LI Light Industrial District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Co cil Attest: v~~,`i`-e`` w ~~~: ~..'~.~. 4vF4~ ~i k :.ti.~ i'°~' SLi~S~i~~ t~tl o~t~tF~~i:Fi~~ 64,`3 ~ii,r~:~~ yyl,,~~Sssi:.:i:~6~ Nid+,~f 3~ SK~~Ci,~ 3~,s liF~~ I;n..xF City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor; City of South Bend, Indiana 1 s. READ'I~~G ~" ~ `l ~ t PUBLIC NEARING 3 rd READING NOT APPROVf~ REFERP.E~ PASSES .-~~= ~~l~d I€~t ~~~~` 6'~ ~F~~€~~ SE° - 1 20C9 1QIiE•l YC1?t'~DF GI5^f CLE}~~~, aG. BFW.Q, Ii+1._ Date Filed Application No. Date received by the Area Flan Commission l (we} the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: 109 C~arst Street 2.) >~an~e and address and phone no. of property owners} of the petition site: Frick Limited Liability Company, LLG 3907 S Michigan Street South Bend, Indiana 46614 Phony 272-3220 3.) dame and address and phone no. of contingent purchaser(s), if applicable: i0llorris Sheet (Uletal Corp. 6212 6~ighvieorr Drive Fort Wayne, Indiana 46313 Phone 260-497-1302 4.) It is desired and requested that this property be rezoned from LB Local Business District to LI Light Industrial District 5.) This rezoning is requested to allow the following use(s): The continued rase of mechanical contracting and engineering. 6.) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all properly owners and the tax key numbers for all properties within 300 feet of the petitioned property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in i~ % X 11. J mes Frick, 11Elember Retition Prepared By: Lang, Feeney ~ Associates, Inc. J. ~ern~rd ~e~n~y (contact per®n) 715 South Michigan Street South Bend, Indiana 46501 574-233-13~~1 `~ ~~t ~c~~`t~ ~ ~~~ ~~~W~ SEP _ ~ 2009 ~t~'~ c~.~,~, ~o. ~~,.. , ~s-soon-aa~~,oo~a~,oos?,aos5,aa~7,a~7o~ 18-8001-004 1&-800 -0152, 0150, 0153 Catherine White Urban Enterprise Assoc of South Re~,i Services Housing Clo Edward J. White, Inc. Bend, (nc. 1151 S Michigan Street 1011 S Michigan Street 1200 County-City Building South Bend, Indiana 46601 South Bend, Indiana 46601 South Bend, Indiana 46601 18-8003-0145, 0139, 0151 Joseph i~ Gerald Corny 58263 Pear Road South Bend, Indiana 46619 18-8003-0132 3-G Properties 1111 S Main Street South Bend, Indiana 46601 18-8003-0147 South Bend Firefighters Federal Credit Union 1122 South Main Street South Bend, Indiana 46601 18-8001-0022,0024 1011 LLC 2503 Yorl€ South Bend, Indiana 46614 18-8001-0048 Richard White ~ Ruth Boutefle 1325 E Victoria Street South Bend, Indiana 46614 18-8001-0036 Real Services, Inc. 1024 S Main Street South fiend, Indiana 46601 1$-soap-004s, 0045, 0049 18-8001-0032, 0031 18-7003-010202 Urban Enterprises Assoc archive Services LLC St. Joseph County of South Bend, In PO Box 4221 7~' Floor County-City Building 1200 County-City Building South Bend, Indiana 46634 South Bend, Indiana 46601 South Bend, Indiana 46601 a ~ ~~~ ~~ ~fi ~~~t`~'~ ~ ~t r~~ gE~ e 4 2aaa ~~~t~ v~~~sir ~ii~ ~r~..~Pi~~_~~. to~~@ Ordinance No. Bill No. ~,~ -~~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2010 Ordinance No. Bill No. ~ ~'~ t AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA~FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 SpU TH ~~ ~ ~~, \EACE/ ~ I865 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L_ White At Large September 9, 2009 (574) 235-9321 Fax (574} 235-9173 TDD (574) 235-5567 http: //www. southbendin. gov Members of the Common Council ~~ ' ~ ~ ~ r,~,~ 4th Floor County-City Building ~`-, ~ South Bend, Indiana 46601 Re: ®rdanance Enhancing the Duties of the Council's Cotn~.unity . IZelations Coananittee Dear Council Members: During the past few weeks, school children throughout the City of South Bend have been returning to public and non-public schools for the 2009-2010 school year. It is our hope that with the excitement of the new school year, that we can create and formalize a mechanism for better public dialogue between members of the South Bend Common Council, the school superintendent, school trustees of the South Bend Community School Corporation Board of Trustees, their committees and/or their representatives; as well as with other non-public school officials operating schools within the City of South Bend. As noted in the attached articles, there are many positive benefits to regular and ongoing dialogue among elected officials representing public schools, local government officials and community residents. Some of these noted benefits include: By bridging the fields of education and urban policies, it helps create equitable, diverse and livable cities and schools By creating connections between cities and schools, it helps foster a collaborative environment for public schools, local government, community leaders, and neighborhood residents help to achieve goals which embracepublic policy, urban planning and quality educational practices o "Connecting schoolwork to fun, engaging activities -like community planning brainstorming - is important", Center for Cities & Schools, Fall Forum 2005, School as Cerrter• of Community: Ho~v Emeryville is Transforrrzing its Schools and City Policies by Flacir~g Education at the Heart of Redevelopment, p.12. The proposed new language in the attached ordinance is underlined. It would be codified into Section 2-10(1)(3) of the South Bend Municipal Code which addresses the eleven (11) standing committees of the South Bend Common Council. Cover Letter for the Community Relations Committee Ordinance September 9, 2009 Page 2 Providing opportunities for semi-annual public meetings would provide an opportunity for brainstorming among public officials representing their respective governmental, public and private educators and the public, and would be a positive step forward for the City of South Bend. Perhaps one of the greatest benefits of this ordinance would be the promotion of open dialogue, which could result in more innovative and collaborative policies aimed at positively working to bridge the perceived disconnect between the public school system and local government. As the Chairperson of the Community Relations Committee joined by two (2) seasoned Council Members with years of experience in educational fields, (one Council Member having served on the South Bend Community School Corporation Board of Trustees and the other Council Member being a retired teacher from the South Bend Community School Corporation) we believe that the time is right to move forward on this pro-active measure. The recent ordinance passed by the South Bend Common Council which bans the use of cell phones and pagers in school zones by a motor vehicle driver, is a very recent example of school officials working positively with the city. In anticipation of many other cooperative ventures, we seek your support of this ordinance. Thank you. Sincerely, Council Member Henry Davis, Jr. Community Relations Committee Chairperson Council Member Karen L. White Member of the moron Council ~~~ ' -~vlember uzzello Member of the Common Council Attachment ~`~sgv~ ~ rye ~l~ ty,,f .~~r `•ry S ~ O - u' LUO~ ~o=;ra ~~, eac~ ~'~TY CLERIC, ;;?. ~~~td~, iRt. Bill No. -09 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (3) OF THE SOUTH BEND MUNICIPAL CODE BY ADDING ADDITIONAL POWERS AND DUTIES FOR THE COUNCIL'S COMMUNITY RELATIONS COMMITTEE STATEMENT OF PURPOSE AND INTENT The 9-member South Bend Common Council has eleven (11) standing committees. Each committee is charged with specific duties and responsibilities which include, but are not limited to reviewing and recommending policies and procedures for consideration by the South Bend Common Council. Puhlic discussion on items referred to committee is a vital part of the due diligence requirements which each of the Council's standing committees regularly performs. The Common Council recognizes that-the members of the Board of School Trustees of the South Bend Community School Corporation are each elected to serve four (4) year terms. Five (5) members are elected by voting district and two (2) are at-large. The Board of School Trustees is responsible for the approval of purchases, contracts, curriculum adoptions, budgets, appropriations, and the making of policies in open public session. The Council further recognizes that many non- public schools operate within the city limits of South Bend. Enhanced communication with all of these entities through their officials, their committees or their designated representatives may develop better working relationships which would benefit our community. The Council's Community Relations Committee is charged with fostering relationships and communications with public and private entities operating in the City of South Bend, Indiana. Numerous publications have focused on schools as the center of communities. Quality educational programs and educational professionals have a direct impact A community's public school system also affects individuals selection as to where they wish to live and raise their families; and on where business owner wish to locate in search of quality employees. Schools, cultural and recreational opportunities, and jobs all work together to lessen the "brain-drain" on a community. This ordinance would formally promote stepped-up collaboration between members of the Board of School Trustees, the School Superintendent, their committee members and other designated representatives and members of the South Bend Common Council and their sub- committee members by creating opportunities for ongoing and regular dialogue. Additionally, this ordinance cross-references to the Community Relations Committee role and duties with regard to the Community/Campus Advisory. Coalition (CCAC) and the various city offices on public safety measures. This ordinance is also designed to be pro-active. It is sponsored as a means to promote public dialogue and positive interactions. This ordinance is believed to be in the best interests of the citizens of South Bend, Indiana. Community Relations Committee Ordinance Page 2 ~~ ~~ ~;~~~~~ ~ ~~, ~'a~l of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 1, Section 2-10 (i) (3) of the South Bend Municipal Code is amended to read in its entirety as follows: (3) Community Relations Committee: Overseeing the various activities of the Office of Community Affairs and the relationships and ongoing communications with other public and private entities operating within the City of South Bend. The Chai erson of the Communi Relations Committee shall schedule not less than two 2 committee meetin s each calendar ear invitin the su erintendent school trustees of the South Bend Communi School Co oration Board of Trustees their committees or desi ated re resentatives and other non- ublic school officials o eratin within the Ci of South Bend to discuss schooUcommunity relations The Chairperson may schedule any additional meetings in a calendar year on schooUcommunit~relations as he or she deems appropriate The Chaimerson shall addrtionallX schedule committee meetin s with the Residential Nei hborhoods Committee to receive and discuss information from the Communi , /ty Campus Advisor Coalition (CCAC~and all city agencies, offices and departments involved with ublic safe re ulations as further addressed in Section 14-60 of the South Bend Muraci al Code. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayorr_, and legal publication. Counci em eery Davis, Jr. Community elations Committee Chairperson Member of the Common Council Council Member K en L. White Memli ~r of the Co ~ on Council ' ember Ann PJ~ ~o Member of the Common Council cc. John Voorde, City Clerk Community Relations Committee Ordinance Page 3 J'~~by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of 2009, at o'clock _. m. Janice Talboom, Deputy Clerk ~,~ ~ ~~ by me on the day of o'clock .m. 2009 at Stephen J. Luecke Mayor City of South Bend, Indiana ~ st P•,~ADiNG ~'~ ~~~ i PUL~LIC HEARING 3 rd REAPING NOT APPROVE. REFERRED ,. PASSF~ ~i~~ ~ ~~ (~~~;~sz~t'~ ~~y~~e _ ~. ~nn 1200 COUNTY-CI1Y BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J: LUECKE, MAYOR COMMUl~ITY ~ ECOI~TOMIC DEVELOPMENT JEFFREY V GIBNEY EXECUTIVE DIRECTOR August 31, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County City Building South Bend, IN 46601 Re: Ordinance to Appropriate AARA -EPA Supplemental Grant Funds Dear Council Members: The attached bill for your consideration and approval will appropriate funds from a $360,000 EPA grant for our Brownfields Revolving Loan Fund. South Bend was selected to receive this supplemental funding as part of the American Recovery and Reinvestment (ARRA) Act of 2009. It will be provide additional capitalization of our Brownfields Cleanup Revolving Loan Fund. Please note, these funds cannot be used for general government purposes, only toward eligible uses related to the remediation of brownfield properties. I will present this bill at your September 281h meeting. Please contact me at akolatansouthbendin.~ov or 235-9374 if you have any questions or would like additional information. Sincerely, '1 /~~ ~ ~" Ann E. Kolata Senior Redevelopment Specialist ~6~~~ ~€~l ~~ ~l`~~"~ ~ ~~~~ SEP - G 2009 COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL ~ PROGRAM PAMELA C. IvIEYER DONALD E. INKS MANAGEA4ENT 574/235-9660 574/235-9371 ELIZABE7H LEONARD 9~ ~, FAX: 5741235-9697 - 574/235-9371 ORDINANCE NO. All ORI3II~1AI~iCE OF THE COMMOl~I COUNCIL OF THE CITY OF SOUTH BEl~1D, I1~DIAliIA APPROPRIATIl®TG $360,000.00 OF GRAl~1T FUl\1DS FROM THE Ul~TITED STATES E1WIR01®TMEl~1TAL PROTECTIOI~T AGEl~TCY WITHIl®1 FUl®TD 209 FOR EI®iVIRO1~ME1®TTAL CLEAN-UP OF BROWl®1FIELD SITES WITHIl~I THE CITY OF SOUTH BE1~TD STATEMENT OF PURPOSE AND INTENT This bill will appropriate $360,000 from a U.S. Environmental Protection Agency Brownfield Grant within Fund 209 for environmental clean-up of Brownfield sites within the City of South Bend. These funds have been awarded to the City of South Bend as part of the American Recovery and Reinvestment (ARRA) Act of 2009 supplemental funding. The funds will be used as part of South Bend's Brownfields Cleanup Revolving Loan Fund Program. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I: The sum of $360,000.00 is appropriated for brownfields remediation within Studebaker/Olives Revitalization Grant Funds (#209) out of supplemental monies received from the U. S. Environmental Protection Agency through the American Recovery and Reinvestment (ARRA) Act of 2009. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. ~- o ` ° 1 ~-~--- ~ ~_ t~~,~, ,. Member of the Common C~fiincil t?:'ei.e>.S~ W~ ~:i:~.. ~., f:s `~ ,;y ~jlFStS ~iC Attest: t~~~:iztai?~, ~~ ~..;~~'~: €v~;~it~Q ~~`~ G®~~~1 ~~~ art ~i~ issue, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana ;~~J3L(C i-iEA~Ii~G ra REti.QiPtG ~,lQT hPP~Q`!~~? • EFERP.E~? ~,SSEB~ SEP ~ ~ ~SS~~ JG;':t;'dGuF^v G(TY Gl.Frsi:, ~o dN(:J, !~. k l 0 ORDINANCE NO. AN ORDNANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE CURRENT ZONING OF 4526 SOUTH FELLOWS STREET IS SF1(SINGLE FAMILY 1). THE OWNER OF THIS PARCEL AND THE ADJOINING PARCEL TO THE NORTHEAST AT 514 EAST IRELAND ROAD, WHICH IS CURRENTLY ZONED OB (OFFICE BUFFER), INTENDS TO BUILD A NEW DENTAL OFFICE FOR HIS DENTAL PRACTICE THAT IS BEING FORCED TO RELOCATE DUE TO THE NEW US 31 HIGHWAY UPGRADE. THE PURPOSE OF REZONING THIS PARCEL IS FOR FELLOWS STREET ACCESS, PARKING AND STORMWATER STORAGE. NOW THERFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION (.Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT NUMBERED ONE (1) AS SHOWN ON THE RECORDED AMENDED PLAT OF THE HAWBLITZEL'S (RECORDED) ADDITION TO CENTRE TOWNSHIP AS RECORDED APRIL 13,1954 IN PLAT BOOK 19, PAGE "H" IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as OB (OFFICE BUFFER). SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk ~pl~~~ f}€ F~`t3 ~(~ €3 Ci~ `~ ~ ~~~sj-0~D ~~ s~ ~r ~i€~iv `~aPlrt~ ~.I ~~ ~ Ids i~u~. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock _m. City Clerk Approved and signed by me on the day of , 2009 at o'clock ~m. Mayor of the City of South Bend, Indiana 'st REA~?tPJG ~-~~~-~q PUBLIC EiEAicfT~;G 3 rci READIT~G I,l;OT APPROYI:9 DEFERRED. ?ASSED. . _ ~I~~a.~ ~~ ~i~~`~~'~ ~$~t~~ SEP - 9 2009 „Q}iPd VO~p~L~e CITY Cl.EFi1S, SQ. EEhdt3, tt~l. Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property south to be rezoned is located at: 4526 South Fellows Street, South Bend, IN 46614 2) Name and address of property owner of the petition site: Dr. Terrill Stoller 60420 South US31 South Bend, IN 46614 3) It is desired and requested that this property be rezoned From SF1 To OB 4) This rezoning is requested to allow the following use: Dentist office (office to be located on adjacent property that fronts Ireland road) 5) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property; (f) a location map, if available, drawn to scale, which includes street names, printed in 8 %Z" x 11" format. Signature of property owner (Terrill Stoller) PETITION PREPARED BY: John Spalding Spalding Design Group, LLC 106 Lincoln Way East Mishawaka,IN 46544 574-255-2422 574-514-6644 jfspaldin~[~comcast.net CONTACT PERSON: SAME - a F.j T ~,. ' e~. sE~ - s zaoa ~~+I"I:~ t~CUt~tl~f: CITY CLEEiK, ~'v~. ~E~J~ Isl. LEGAL DESCRIPTION LOT NUMBERED ONE (1) AS SHOVIlN ON THE RECORDED AMENDED PLAT OF THE HAiNBLITZEL'S (RECORDED) ADDITION TO CENTRE T011VNSHIP AS RECORDED APRIL 13, 1954 IN PLAT BOOK 19, PAGE "H" IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. ~~~FG~ SAP _ 9 2Q0~ ~~~d~a v~~~~z ~~'Y GR~c~h., SQ. 3~~t?, tCv!. r_eIG Cnnnty Parcels -. 'd': rF.~~ s. ~4 .~../'~.~. ` ~ U ~~ Rec PARCELID NAME 1 MAILING ADD "~~s~: AII;INC,~~ ,,K, 49t~1': i~11~lL1 ' PROP_ADDR _ ~ r t~'^•, P G~ti` - 1 023-1035-1755 ADAMS SUSAN C 4607 Fellows et South Bend IN 46614 4607 FELLOWS IRELAND ROAD LLC C/O 2 023-1035-1735 MICHAEL R LEEP 320 E Ireland Rd South Bend IN 46614 320 E IRELAND RD DF IRELAND ROAD 3 023-1035-1758 PROPERTIES LLC 251 East Sample St. South Bend IN 46601 420 IRELAND RD POST SHARON PASALICH ~ MCDANIEL GREGORY 4 023-1035-1736 W/EROS 504 E Ireland Road South Bend IN 46614 504 E. IRELAND RD 5 023-1035-1737 LEASEA INC 530 E Ireland Rd South Bend IN 46614 514 E. IRELAND RD GRENERT CHARLES A & 6 023-1035-1754 JUDY 4615 Fellows St South Bend IN 46614 4615 FELLOWS ST SUMRALL LESTER EVANG 7 023-1035-180903 ASSOC INC 530 East Ireland Rd South Bend IN 46614 530 E IRELAND RD FOGLESONG JAKOB & 8 023-1035-1741 KATHLEEN 4616 FELLOWS ST South Bend IN 46614 4616 FELLOWS RD LESTER SUMRALL EVANGELISTIC 9 023-1035-1740 ASSOCIATION INC . P O Box 12 South Bend IN 46624 4606 S FELLOWS RD IRELAND GREENS 10 018-7204-7510 TRUCKING LLC 505 E IRELAND South Bend IN 46614 4422 FELLOWS UNRUH RAYMOND H & 11 018-7204-7511 DOROTHY M 4412 S Fellows South Bend IN 46614 4412 FELLOWS RUSH JEFF JR AND 12 023-1035-1757 MARGARET R 4523 S Fellows South Bend IN 46614 4523 FELLOWS LESTER SUMRALL 13 023-1035-1738 EVANGEL. ASSOC., INC P.o. Box 12 South Bend IN 46624 IRELAND RD LESTER SUMRALL 14 023-1035-1739 EVANGELISTIC ASSOCIA P O Box 12 South Bend IN 46624 S FELLOW 15 023-1035-1756 ANDERSON THERESA 4535 S Fellows St South Bend IN 46614 4535 FELLOWS ST SUMRALLLESTER 16 023-1035-178801 EVANGELISTIC ASSN IN 530 E Ireland Rd South Bend IN 46614 530 E IRELAND RD COMMUNITYWIDE FEDERAL 17 018-7148-527002 CREDIT UNION 1555 Western Ave South Bend IN 46619 405 E. IRELAND 18 018-7204-751101 REED STEPHEN 4404 S Fellows St South Bend IN 46614 4404 FELLOWS 50500 Prestonwaod 19 018-7164-5775 GRABER GROUP L P Ct Granger IN 46530 411 IRELAND ROI HOLDINGS LLC% 20 D18-7204-7509 DANIEL BREKKE 505 E IRELAND South Bend IN 46614 505 IRELAND CfTY OF SOUTH BEND 21 018-7164-5777 ERSKIN GOLF COURSE .County Cify Bldg South Bend IN 46601 4200 MIAMI -d® ~~~ ~/~~ ~ J :`{13 s.r~i: Wes' ~a~s~~~ U U ~ ~p , r: ~.. ® ~ A~ K _ y Y , ~'~ f,~y aa~ ~s ~;*~{ d iJ ~~ O W O ~ J z U ^' ~ v COUNTY-vITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, iN 46601 PHCivE 574-235-5887 FAx 574-235-9928 TDD 574-235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, IlIIAYOR ®FFICE OF ADMINISTRATION ~c FINANCE C9REGG D. ZIENTARA, CITY CONTROLLER September 8, 2009 Mr. Derek Dieter ~ ~~ ~ ~` ~ ~~ President, South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 Subject: Ordinance for 2009 Capital Appropriations Dear Mr. Dieter: Please find attached an ordinance which provides for appropriations of a capital nature from the Local Road and Street Fund (# 251) and the Motor Vehicle Highway Fund (#202). I will be joined by Gary Gilot, Public Works Director in explaining the project needs. Gary has supplied this initial explanation to me included herein and he will be prepared to go into more detail at the Council Committee meeting and public hearing. We will both be available to answer any questions you may have. Project Explanations: 1.) Federal Match for Miami Street Improvements from Jackson to Kern is $ 958,000 requested from LRSA. This project has been in our Transportation Improvement Plan for several years moving through the necessary steps to be ready for letting. We have invested locally in the design and right of way acquisition. Legal and CED helped us to avoid nearly $ 250,000 in consultant land acquisition fees. Our engineer estimates the construction cost at $4,788,000 and our match at $958,000 so we leverage our local funds quite a lot. 2.) Ewing design was started some time ago. We depleted resources and have not gone beyond preliminary conceptual design. We request $ 80,000 from LRSA to get going again on this multi- phase multi-year project to reconstruct Ewing from Main to Prairie using federal funds for 80 % of the project. 3.) Completion of McKinley Ironwood will require $ 227,000 from LRSA. We had a $ 2 million jurisdiction transfer grant that covered most of the project. We did a local context sensitive design approach that was much less expensive than the state highway $ 3.5 million dollar solution and much more accepted by the neighborhood design committee who wanted the safety improvements done with consideration for the residential character of the area. It was a successful project we need resources to close out soon. 4.) Concrete Pavement Repairs of $ 300,000 from MHV include: a. Resurfacing of Ironwood Dr. from south of Ireland Rd. to north of Ireland Dr. and will include the concrete surface east and west of Ironwood Dr. on Ireland Rd. b. Repair of Michigan Street in the Downtown Plaza area from Washington Street to Jefferson Blvd. and thru to Wayne Street c. Asphalt coverings to street segments where damage is beyond the level of spot concrete repairs covering the following locations: i. Klinger Street St. Joseph Ave. to Michigan St. ii. Barbie Street Fellows St. to Michigan St. iii. Addison Street Chippewa Ave. to Jennings St. iv. Tasher Street Jennings Ave. to Michigan St. v. -Scenic Drive Ford St. to Mayflower Rd. vi. Mayfair Place Clearview PI. Summit PI. vii. Sunnyfield Place Clearview PI. Ford St. d. The total cost expenditure wi ll be managed to remain within the $300,000 appropriation. Please contact Gary Gilot or myself concerning matters regarding this request for ordinance. Sincer I , lfJ~1 Gregg .'Zientara Control) ~` Cc: Mayor Stephen J. Luecke Gary Gilot SEP - C 2CC9 ,~u'c5i1 vQ~~c~~ CITY CLirn~, w•J. C"s~%d~~ E°•'!. oRDINANCE No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTFI BEl®TD, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2009 INCLUDING $ 1,265,000 FROM LOCAL ROAD AND STREETS FUND (#251) AND $ 300,000 FROM THE MOTOR VEHICLE HIGHWAY FUND(#202) STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, appropriated through the 2009 budget certain expenditures including some capital. It is now necessary to appropriate additional funds for certain expenditures of a capital nature relating to road improvements that will improve safety and condition of pavement while correcting legacy pavement drainage issues. Accordingly appropriating and expending funds to improve the streets is in the best interest of the health, safety and welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The following sum of money is hereby appropriated in the fiscal year 2009 and ordered set apart from and within the Local Road and Streets Fund (#251) and the Motox Vehicle Highway Fund (#202) for the capital expenses as follows: Fund Number Description Amount 251 Local Road and Streets Fund $ 1,265,000.00 202 Motor Vehicle Highway Fund $ 300,000.00 Total $ 1,565,000.00 SECTION II. This Ordinance shall be in full force and effect -from and after its passage by the Common Council and approval by the Mayor. ~-~ ~- ~«~~ ~ l~ Member of the Common Coun~i'1J ,,. ; ~`i{~;'~~?~ ~5'i issiu rv`s:7 E"~ ^`s;:;~r :J r~t~'dt~~ ''''}},~ ~~~s E«is` N~1~~0 ~0 ~:~~ 09~ Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2009, at o'clock _. m. City Clerk Approved and signed by me on the day of o'clock . m. 2009, at Mayor, City South Bend, Indiana 1 st READING l r~~ ~ i PU6LlC NEARING 3 rd READING NOT APPROVED 4~ ~1~~ 1~ ~l~r~'~ ~~it~~ SEP - 9 2009 SGI`Ih `JOu^ii9E CI~`Y CLEi~tIC~ ~~• CETIt~?t t@!. REFERRED PASSED Additional Appropriations 2009 Capital Projects Engineering Federal match money for Miami Improvements (20%) $ 958,000.00 Ewing Avenue Design Restart $ 80,000.00 McKinley Ironwood Intersection* $ 227,000.00 Total Local Road and Street Fund $1,265,000.00 Street Concrete Pavement Repairs $ 300,000.00 Total Motor Vehicle Highway $ 300,000.00 Total Additional Appropriations $ 1,565,000.00 * The majority of this project was funded with a $ 2 million state grant on jurisdiction transfer of the intersection to the City for context sensitive design and construction of improvements. ~m~~~ ~~.~ SEP - ~ ~Qu9 dv~i!~i `•IC~~~F September 9, 2009 Derek Dieter, President South Bend Common Council 4"' Floor Courity-City Building South Bend, IN 46601 RE: An Ordinance Creating a Sewage Works Debt Service Reserve Fund and Appropriating Monies for that Purpose Dear President Dieter: Attached is an ordinance for consideration by the South Bend Common Council which creates a new, separate Fund (#653) to hold Sewage Works bond debt service reserve monies which are required under our outstanding sewage works bonds. The ordinance codifies the creation of this Fund within a new Section of the South Bend Municipal Code. A separate Fund was recommended to create clear accounting and tracking of these monies. This ordinance also transfers from various Sewage Works Funds the total sum of $4,541,322 which is required to satisfy the City Sewage Works bond debt service reserve requirements through 2009 and part of 2010 pursuant to bond documents. This ordinance then appropriates the transferred monies for debt service reserve purposes. Finally, one of the Funds from which monies are to be transferred for debt service reserve appropriation is Clay Sewage General Fund #650. This Fund should be closed because it is no longer needed. I will present this Bill to the Common Council at its Committee meeting and at public hearing. I maybe accompanied by Environmental Services Director Jack Dillon. Thank you for your consideration of this ordinance. Sincerely, Gregg D. Zientara City Controller ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITE' OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), TRANSFERRING TO FUND #653 THE TOTAL SUM OF $4,541,322 FROM VARIOUS FUNDS, APPROPRIATING THE SUM OF $4,541,322 WITHIN FUND #653 FOR SEWAGE WORKS BOND DEBT SERVICE RESERVE OBLIGATION, AND CLOSING FUND #650 STATEMENT OF PURPOSE AND INTENT The City of South Bend Sewage Works Division has financed several significant capital improvement projects out of bond obligations. These bond obligations require protection of bondholders through debt service reserves which the City previously handled through policies of insurance that are no longer of the credit quality required of such policies. To meet the Sewage Works bond debt service reserve requirements, the City must have the sum of Four million one hundred seven thousand two hundred seventy-nine dollars ($4,107,279) placed in a special reserve account by September 30, 2009 plus $53,259 per month far a period of time thereafter. To accomplish this, it is best that the City establish a new Sewage Works Debt Service Reserve Fund (#653) which shall be non-reverting; that the sum of $4,541,322 be transferred to this Fund from various other Funds within the City Sewage Works, and that the sum of $4,541,322 be appropriated within Fund #653 for debt service reserve purposes. It is also appropriate that one of the Funds .from which a transfer is to be made, namely, Clay Sewage Fund #650, be closed because it is no longer needed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA•as follows: SECTION I Chapter 2, Article 14 of the South Bend Municipal Code is hereby amended to add a new Section 2-158 to read in its entirety as follows: Sec. 2.158.1 Sewage Works Bond Debt Reserve Fund A Sew°a~e Works Bond Debt Reserve Fund (#653) is created as the repository for the l~ity's Sewage Works Bond debt service obligation. This Fund shall be non- revertinQ and shall be funded and operated in accordance with all legal and spe:~ific bond ordinance requirements. SECTION II. The following transfers of monies shall be made to Sewage Works Debt Service Reserve Fund #653: Fund# Description 641 ~ Sewage Works Operation 642 Sewage Works Depreciation 643 Sewage Works Operations & Maintenance Reserve 650 Clay Sewage Total Amount Transferred $2,355,000.00 $673,000.00 $427,000.00 $1,086,322.00 $4,541,322.00 SECTION III. The sum of $4,541,322.00 is appropriated within Sewage Works Debt Service Reserve Fund #653 to satisfy the City's sewage works bond debt service reserve obligation t:~rough 2009 and a portion of 2010. SECTION IV. Clay Sewage Fund #650 is hereby closed because Clay Utilities is part of the City of South Bend Sewage Utility and a separate fund is no longer needed. 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, South Bend Common Council Attest: City Clerk ~~^^. , , , .,F +~IfI:S~ Nei {?7iii ~f; f•.: U~t3~1;-"t ~~~^+E.?,~ .~,/1~ Q~llEl'Gf;I~~ i'e~t ~+C~+isi~.+ i?~;;id~ ~~~t ~~ ~ifi~t" I '~F71 ll /~ iw1'3~d~y Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. City Clerk Approved and signed by me on the day of , 2 , at o'clock, .m. 1 st RE;aC4t~,G ~ ~"~ l~ l PEIJLtC !-sEr'-~Rli`G 3 fd READIiJG NOi APP°OY.Ef] REFERRE[~ PASSED Mayor, City of S a~~b:~~ ~ ~~~~a~'~.'~a ~~~J~£~ S E° - `~ 2009 rE~ { GE.~a,i~, ~s7. ~E.t~~, fP1. 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: Two vacant lots numbered 826 and 827, 40 feet East of Kaley Street, directly East and adjacent to Rosie's Kazbar (2644 W. Western Av.) on the South Side of Western Avenue, South Bend, Indiana. WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, or 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: Two vacant lots numbered 826 and 827, 40 feet East of Kaley Street, directly East and adjacent to Rosie's Kazbar (2644 W Western Av.) on the South Side of Western Avenue, South Bend Indiana. in order to permit a Special Use for off site parking in a mixed-use district. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfal•e; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council t~`~ f~iiE~T` ~c ~Y?•.4 4, ';~ yf~+ c,ri.~gr ••a. n,~'.-f ~a .+ :~ i :a.aD 'iiE .: '.i7.a~ 4v' j-Ie iS' E:.i s,~G,,~d "P'i'°'E.Ee [St~~~,, 9~~y~i~~i1T}1}~+:rf~~~ [ v~fili~ t~tf~t ~ . ~41r,+IS3~.~ itt6 9n ~~ ~'~ , NRESENTED ~a~r a,PP~avF~ ~~?OE~76~ AUG 1 1 2009 JOHN VOO~ipE lttibri~~~~ ~~ JJ~~1~7 AA/ Attorney at Law August 11, 2009 Area Board of Zoning Appeals 125 S. Lafayette Boulevard Suite 100 South Bend, Indiana 46601 Re: Taste of Mexico Petition for: Special Use for off site parking Variance to reduce parking spaces Variance to reduce minimum width of maneuvering aisle Dear Members: I represent Taste of Mexico. Please allow this letter and the accompanying documents to serve as my client's petition for a special use for off site parking; variance to reduce parking spaces; and variance to reduce minimum width of maneuvering aisle. Taste of Mexico is located at 2637 West Western Avenue, South Bend, Indiana 46619 and owned by Manuel and Laura Villegas. They can be reached at 48351 Fox Fire Drive, South Bend, Indiana 46628, telephone number 773-398-5529. The location of the property in their petition is the Taste of Mexico, located at 2637 West Western Avenue, S. Bend, Indiana. The petition for Special Use and Variance concerns two vacant lots directly across the street from Taste of Mexico. That property is commonly described as: Two vacant lots numbered 826 and 827, 40 feet East of Kaley Street, directly East and adjacent to Rosie's Kazbar (2644 W. Western Av.) on the South Side of Western Avenue, South Bend, Indiana. The Taste of Mexico and proposed parking lot are located in a mixed-use district Township of Portage. My client is asking that you allow them to use off site parking, reduce the number of parking spaces and reduce the minimum width of maneuvering space in a parking lot. The reasons my clients aze asking for the special use and variances are because my clients business has recently expanded and now require, per City of South Bend Code, additional parking spaces. A less than favorable recommendation by you may force my client to close the doors of his successful family business operated in South Bend. 257 W Indiana Av, Suite B, Valparaiso, IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-858-548-3011 Attorney at Law Taste of Mexico operates three different uses at their location; a restaurant, bar, and dance hall. Based on the use, square footage, maximum fire load and other factors, the City building code requires they have 109 parking spaces. The City's inspection shows that the restaurant requires 14 parking places; the bar requires 30; and the dance hall 65 parking places. At the current time, my client has eighty (80) actual parking places. Please see the letter from the City of South Bend stating that my client currently has approximately 40 parking places and a site plan showing an additional forty (40) parking places, all attached hereto. My client has steadily improved this location over the past three (3) years and has expanded a bar and dance hall. I-iowever, the restaurant remains the heart of this establishment and is by far the majority of my client's livelihood. The restaurant is open seven days a weeks, from 11:00 a.m. to 9:00 p.m. The bar and dance hall open are open at limited times and hours, Friday and Saturday, 9:00 p.m. to 3:00 a.m. Like a church or other multi-use establishment, not full capacity parking is needed at all times. During the regular weekday daylight hours, my client is only required to have fourteen (14) parking spaces, but has enough for forty (40) parking spaces. Only during a short limited time, Friday and Saturday from 9:00 p.m. to 3:00 a.m., does my client face the possibility of filling the place to maximum capacity limits and n,nning out of parking places. The restaurant area is separated from the bar and dance areas by lockable doors. When the restaurant closes at 9:00 p.m. access to it from the bar area and dance area is closed. Because the restaurant is closed when the bar and dance club are open, the bar and dance club will benefit from the restaurant's open parking places. If you allow my client credit for the fourteen (14) restaurant parking places during maximum occupancy, my client is only short fifteen (15)1 parking places during a limited, potentially maximum limit load time period (Friday and Saturday from 9:00 p.m. to 3:00 a.m.). During the week when the bar and dance hall are closed, the restaurant has a surplus of parking places. The proposed use will not be injurious to the public health, safety, comfort, community moral standard, convenience or general welfare. Quite the opposite. My client has owned this establishment for the past three (3) years and has made significant improvements to his business, the neighborhood and the City of South Bend. Since that time they purchased $20,000.00 worth of vacant land located within the heart of the City and converted it into a better use. The proposed parking lot is located directly across the street from Taste of Mexico, within forty (40) feet of a traffic light controlled intersection. The additional parking lot will alleviate congested driving lanes on Western and surrounding streets. Neighborhood street parking and noise will be reduced by centralizing the parking location on a busy main street. As the current parking lot is regularly monitored by a designated Taste of Mexico employee, so will the additional parking lot across the street be monitored. My clients make it mandatory that a designated employee monitor the vehicles in the parking lot. In his words, "why would people come here for $15.00 - 20.00 worth of food if they have to pay $260.00 for a broken window and car stereo?" 109-80=29-14= 15 257 W Indiana Av, Suite B, Valparaiso, IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-888-548-3011 ~n~as~n~ ~ ~ i~~1~~7 Attorney at Law The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Again, quite the contrary. The proposed parking lot is located directly to next to a long standing neighborhood bar. The property located directly to the east has been a commercial property, most recently an audio retail outlet. The audio retail outlet has been vacant for nearly three (3) years. 'The addition of a paved, lighted parking lot will improve the values of the adjoining properties between these two commercial buildings will in no doubt improve the value and safety of the adjoining properties. Because the area of the proposed parking site is located directly within amixed-used district with heavy commercial, personal and business traffic, additional parking space will be favorably received and consistent with the overall character of the district. The Taste of Mexico brings a unique and authentic feel to the area which in turn will no doubt inspire others to invest and potentially improve the overall economic development of the neighborhood. The area is currently filled with a mixture of cozporate entities sitting next door to "mom and pop" businesses. The Taste of Mexico is consistent with the character of the district in which it is located. Taste of Mexico's use of the vacant land is consistent with the City of South Bend's Comprehensive Plan. You may remember the Taste of Mexico's former tenant, the Starlight Pizza. If you don't remember the Starlight, it may because the Starlight sat vacant for the three (3) years prior to my client purchasing the same exact property. The Starlight also had a bar and dance club. However, my client tells me that the bar and dance club had been vacant for the past ten (10) years and used as a "garbage" storage before he purchased the building. A review of local history may show that in that light of what Starlight's use and parking requirements were, my client could be considered "grandfathered" My client's reconstruction of the dilapidated interior and exterior of the building is welcomed and within the City's overall Comprehensive plan to encourage local investment and land use growth; promotes transportation by allowing a pedestrian friendly egress; economic ethnic development; community building by attracting other responsible local Spanish investors; offers continued employment in the security, service and professional job markets; expands the City's cultural environment with its Spanish roots; and promotes future urban development by its consistent course of role model dedication. I ask that you vote factorable and allow my client a Special Use for Off Site Parking; Grant a Variance reducing the number of require parking spaces from 109 to 80 and reduce the minimum width of maneuvering aisle from 15' to 14'6". In the alternative, I ask that you allow for another inspection as the interior space of the dance floor has been undergoing a change. My client now has movable seating in the dance hall area that would require, according to City code, a reduction in the amount of parking spaces required. Further, I do not believe the large DJ booth area had been considered when the original square footage was taken by the City. Again, this would now necessitate a reduction of the number of parking spaces required. My client plans to place permanent seating in this area, which once again will cause a reduction in the required number or parking places. 257 W Indiana Av, Suite B, Valparaiso, IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-888-548-3011 ~~~~~~1 T ~ ~,3re Attorney at Law Lastly, Fernandez Bakery has offered to lease an additiona120 to 25 parking places to my client. Therefore, should you not allow the special use and variance as requested above, my client asks that you allow them another inspection which may now show a reduction in the amount of required parking places. Taste of Mexico thanks you for your time and consideration. Should you need anything further to reach a positive approval please do not hesitate to contact me. Sincerely, • ichael L. psk Attorney at aw 257 W Indiana Av, Suite B, Valparaiso, IN 46383 (219) 464-3617, Fax: 548-0257 e-mail: collectionsystemsinc@verizon.net 1-888-548-3011 TUL-17-^c0~09 14:E~4 FROM:rRUPO OAOYS 1 a00 C:.t)urt['x-CrcY Bu[LD[rvC 2Z7 ~'~. J~rr.rssoN BOULEYAR~ Sovrrt BeNU. IhIDlnhtA 4GG61-183 1.5 (4CO~ 155 TO : 1 c 1 ?54,0257 P[ioua 5741 Z35-9241 Fix 574/235-9$~Z 'CL7~ 5741235-55U7 Cl'rY dF SOU11•I $SND STF,PHEN j. )v.1lF~KE, MAYf~Fi ~~rTlvt~~~' oP Taw CHART RC $. I..sarre CmrArroA.Nar Ms. Laura Villages Tate of Mexico 2637 W. Western South Bend, IN 46619 Via Certified Mail June 2~, 2009 R~: Dania! of Restaurant License Taste of Mexico-2637 W, Western pear Ms, Villegas: A,,ADEA~ M. D~ltosx Cx{EP Ass[s-rAN'r Cn~A'rro~ F.4~7 Thi$ letter is to inform you that your request for a restaurant license has been denied. The denial is based on the lack of available parKing spaces required by the zoning ordinances for your business. The Building Department recommended denial because you are required to have 10909 garkina spaces based do the size and uses of your property. The number of spaces you currently have is approximately 40. Should you choose to contest this dental, you have a right to a hearing. To avail yourself of that right, you must submit a written request to the City Attorney's office on or before July 6, 2009, Upon timely receipt of your request, a hearing will be scheduled, If you fail to submit a written request for a hearing prior to the above deadline, you will forfeit your right to a hearing. Sincerely, C Ann-Carol Na$h Assistant City Attorney CC: C. Bulot M_ Adams L. Coleman J. Walters ~I-IOMAS ~,. BUDNAR CML+liYL A. GL(flENH ANN•CAROI. P~IASF[ JEPDRCY M• JANK(')WtiK{ LAWRENCE J. METP.[VfR ]L•Pr•R~,r L, $ANFUKU ~OI~tN ~. BRODEN ~ r :+~%~ ~~:+~ _ ~ z~ - ~: ,, ~ ~~; ,_ ~~. ,` :` t E,,. ~~ ~~~. . ~~ - ~'w ~ i t;~ ~~ ,; ,~ ~; n., ~ ~ ~ ~`~~; t ji I 5 .,'gam` t - r f i ~ ~'" rl ! ~. fir. ~ ?' ;~_ `~, ' . t °y t ~;e Y. . ` f; ~- ~:... .•r.~ ~! -:c r'tTrY~. t ,~~ ~~,y yri .. _: i ; .r.:~ ~.. SykL.r ~ ~ ~ ~~~~~~ ~~~~ ~ ' ` .ERR e C V V ~ f ' f_ _i r.._ r t ~ e ) ~, ~~ q } ~ ~ ~ Y ~ odd o ~ o~~ ~ t , M . si~`rf:~~' ~~ Y ~y a:~ -- :~ ~~ ~~~. a Qgi~;issal iY ~'Fe~~F~~=' ~~, Trsepkt ~. .,...-,. I_~ F!'t_'.:i%b;iiLj's ~L e ~~ ~ a.'1~'!'t T T'f~ I 1""V ~~ ~ k ~ ~a ~d ~ ~J ~ ~ ~ ~ This quitclaim deed made on July 22, 2009, between Bernardo Galvez and Emilio Galvez of South Bend, St. Joseph County, Indiana, and Manuel Villegas and Laura Villegas of 2637 W Western Ave., South bend, St. Joseph County, Indiana. That for and in the consideration of the sum of One Dollars, ($ 1.00 ), the receipt of which is hereby acknowledged, Bernardo Galvez and Emilio Galvez do hereby release, remise and forever quitclaim unto Manuel Villegas and Laura Villegas all of their interest, if any, in that certain real property commonly known as vac. Adj. To 2642 Western Ave.., located in the City of South Bend, County of St. Joseph, State of Indiana, described as follows: Lot Numbered Eight Hundred Twenty-Six ( 826 )Summit place 3RD Addition to the City of South Bend, Indiana. Tax # 18-4035-1245 IN 46619. Property Address: Vac. Adj. To 2642 Western Ave., South Hend , Together with all the tenements, hereditaments, and appurtenances thereunto belonging, and the reversions, remainders, rents, issues, and profits thereof. To have and to hold, all and singular the premises, with the appurtenances, unto Manuel and Laura Villegas and his heirs and assigns forever. In witness where Irene Garcia has hereunto this day and year as set forth above. nardo Galvez Emilio Galvez State of Indiana, County of St. Joseph ss: Before ule, Ltie uudetsiyned. A Notary Public .in and for said rnnnty and State, personally appeared the within named Bernardo and Emilio Galvez who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that the representations therein contained are true. WITNESS, my hand and Seal this ~'~~Z /U~ ~ J_. GAL% My Commission Expires<.~nlic~t•-~ u~ .~G•f7 public T-1 Signature o N ary T~RR ~ yDAD(`(TORRES Printed Name of Notary Public y ~ . 4~!•p.U •'~. h, +?' .~ ~ , ~ =2°,~„.~'•~•.: St. Joseph Count' i ~ tt w ~ ~ s~ °r .` My Commission Expire6 ~ . ~~~ (,~ ~~~ ~:,~-1~ nd ~ ~ ~ Y.: '~ =.~;r •~a 2017 ;~t^. r •., ';~M?';, ~` JanUary7, Notary Publ' c County a State of Residence ~ .* ''P~~";~ s'.'~v~nstrument was prepared by Daixy Torres, 1324 W Western Ave. South Bend IN 46619. ..~: I, affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. ~~ iy~a'v . ~ ~~~ -~ c ~ P Name: ~ ~'~ ~' ~ ~ ~ \p,1~`~~vrn' ~ ~t ~ ~~ ~3-v : _µ.. ~' z s ~ & ..l ; ~ A.i :-~ `j a~~r~ PJ c•:.c~ ~- ~ `C~~ ~ ~ ~L1ITC~21~ DEED ~..~~(~,t~ r_1; ~1.~ FF:C::'F=ta i i;L" C11 ~'1l ~C.:,f C~~~~~ ~.~i e.',J ~~i Nj Y~l'1 r~~~rt_)_l~r I-;~ rc~;~;t~r1 r:~4L_FrEoii ~i.~~~~;~ This quitclaim deed made on July 22, 2009, between Bernardo Galvez and Emilio Galvez of South Bend, St. Joseph County, Indiana, and Manuel Villegas and Laura Villegas of 2637 W Western Ave., South bend, St. Joseph County, Indiana. That for and in the consideration of the sum of One Dollars, ($ 1.00 ), the receipt of which is hereby acknowledged, Bernardo Galvez and Emilio Galvez do hereby release, remise and forever quitclaim unto Manuel Villegas and Laura Villegas all of their interest, if any, in that certain real property commonly known as w 1-~ vac. Alley-Adj. Summit Place., located iti Che City of South Bend, County of St. Joseph, State of Indiana, described as follows: Lot Numbered Eight Hundred Twenty-Seven ( 827 ) as shown on the recorded Third Plat of Summit place Addition to the City o£ South Bend, Indiana. Tax # 18-4035-1246 Property Address: W '~ Vac. Alley-Adj., South Bend IN 46619. Together with all the tenements, hereditaments, and appurtenances thereunto belonging, and the reversions, remainders, rents, issues, and profits thereof. To have and to hold, all and singular the premises, with the appurtenances, unto Manuel and Laura Villegas and his heirs and assigns forever. In witness wher~of, Irene Garcia has hereunto this day a d year as set forth above. vez io Galvez State of Indiana, County of 5t. Joseph ss: Before me, the undersigned. A Notary Public in and for said County and State, personally appeared the within named Bernardo and Emilio Galvez who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that the representations therein contained are true. WITNESS, my hand and Seal this E /~ ~ ~ c7 ..-~ .-`~-~ My C~gmmission Expires: ~ ~• Q7{~17 ~~ ~ ~ ~~~ .~~~" Signature of,%Not~ y Public • r, Printed Na e of Notary Public ~,• '~°r DAIXY TORRES _ _ ~~ `~ __~ _ Nv _ St. Joseph County ~~ l .~.• _ • My Commission Expires ~ `~ ~ ~~ , January 7, 2017 Notary Public County and S ate of Residence • ,~ • R~'" '~"-T;tr'~r*,{~~ ~rument was prepared by Daixy Torres, 1324 W Western Ave. South Bend IN 46619. I, affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by Law. Name: VC~I JC ii ~O `~ ~`~'~ ~m F~~ ~~3 71 IL-1 ~ -?C~Ei~ 14: Ct4 FFphl: GRLIPO OAS`rS I~iAY.~pg'~°afi(NE~?1 16:8 YDRK T[TLE _ - 15 f `~CGG 155 T0: 121~+54r~2~7 F'. ~' ~ TEL:2l9-zsaw75o2 P.o~~ I ~QTS NUMBER~~ ~~~ ~~~ ~~~ PL~~ SHUWN ~~ THE RE~iC~RDED TI~1RD ~ 0~ SUMM1~ PACE A~~DITIUN ~a THE G1~1` ~F ~~UTH ~ENDs jN~~NA. ~~~~ !~l~~TERN AVENUE .~3 ~Q , ~Q ~~~~ f .~..n ~s' ~~,-t3.34 CLEANS CI~QSS CU`f f 1 ~ ~ ~ I ~~ 1 ~ 1 ~ .7 1 e~~ ~ ~ ~~ ~ ~ l ~~ 1 ~ ~'"" ~ S 14.E ~. I ~ J I ~ I '~ ~. 2fi.~3' ~ 7 Q~ ~ ~ ~~~ L ~~~ 1 `IQ_.. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fax: (574) 235-5541 September 3, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 9/2/09 Dear Council Members: The above referenced petition of Taste of Mexico was legally advertised on August 22, 2009. The Area Board of Zoning Appeals gave it a public hearing on September 2, 2009 at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for off site parking in a "MU" Mixed Use District, on property located on the south side of Western Ave. east and adjacent to 2644 Western Ave., 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. Sincerely, Charles C. Bulot Building Commissioner CCB/cah TASTE OF MEXICO SPECIAL E};CEPTIOI~T PURSUANT?1-09.3(D) .AREA BOARD OF ZONING .APPEALS FINDINGS OF FACT l . THE.PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 3. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE FROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN ~~HICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the propert}~ predate the Zoning Ordinance, which creates a different condition for this properC/. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATI01~'S OF THE CITY OF SOUTH BEND COMPREHEA~SIVE PL.?N BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVOR4BLE RECOMMENDATION- ADOPTED this 2ND Day ofAuRust. 2009 YES NO ~ MICHAEL URBANSKI ABSENT RANDALL MATTHYS ~ SACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAV/LEY ® JOE VELLEMAN 1140 County-City Building South Bend, Indiana 4601 Jahn W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fa574 235-9813 August 26, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: t~~<~s~ ~~~~~~~ ~~~~~ t~ Cl`t~i C1-F~~ ~,°°~ The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on WednesdaX, September 2, 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances- A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter would result in practical d~culties in the use of the property Chapter. 1. The petition of Del M. Hensley The Staff recommends denial of the requested variance for an accessory structure without a primary structure. By defmition, an "accessory" structure cannot exist without a primary structure. Accessory structures without primary structures may tend to convert to, and be used for, non-residential uses. In the past, the Board has occasionally allowed an accessory structure when if was the intention of the petitioner to build a house and the accessory structure was used to store materials and equipment. In this case, the petitioner does not intend to build a house on this properly. It appears that it is the petitioner's intention to build a personal storage building in the midst of asingle-family area in which he does not reside. 2. The petition of Vil?se 1dIason and Illusion Salon Spa. The Staff recommends denial of the height variance. The request for 25' in height is more than 3 times the allowed height of 8'; a 212% increase. Variances for increased size undermine the intent of the sign ordinance, and requests should have a clear relationship to unique site conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". This sign would be a visual barrier and distraction to the busy intersection at Ironwood and Edison Roads, and may very well shield the building and sign at the southwest corner of the intersection. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~. The petiton off Laru°g~ .doe and ]Rosalie A I~11cCay and l~onalld ~ Cynthia lL. I~c~Cay. The Staff recommends approval of all variances. This configuration seems to preserve the largest amount of agricultural land. Due to the location of the existing houses, the Staff has no objection to the frontage variance. . 9. The petition of l~loah Varanal~, 'g'own of Mew Carlnsle. The purpose of setbacks is to insure that structures do not negatively impact the use and enjoyment of adjacent properties. In this case, the adjacent property is a public right-of--way, with the maintenance of that right-of--way the responsibility of the Town. Having a structure on the property line will require extra diligence, and exposed liability, on the part. of the Town at the time that the alley is re-graded or perhaps eventually paved, to insure that no damage occurs to the structure. 1®. The petition of Auto done. The Staff recommends denial of the variance. This property in within INDOT's construction area for the State Road 23 road project. Since the entire site is being redesigned, no hardship exists. It is possible to design the site and maintain the 15' front yard setback. Only 26 parking spaces are required (3.5 spaces per 1,000 square feet of retail space), yet 46 are provided; more than double. If the 10 spaces within the front setback were eliminated, a variance would not be needed and the number of parking spaces required would have been met and exceeded. The maneuvering aisle width required is 24'; yet is being shown as 30'. An additional 6' would allow fora 11'6" front yard. The building could be moved the additional 3'6" to the north and a variance would not be needed. 12. The petition of Portage Manor. The Staff recommends denial of the variance. The placement of the new sign is clearly visible and the recently completed new intersection will help to identify the entrance. While visiting the site there were no perceived obstructions to viewing an appropriately sized sign. The proposed sign will be 225% taller and 335% larger then allowed. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". Special (Exception) Use: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the (St. Joseph County and City of South Bend) Comprehensive Plan. 15. The petition of Pedro, Veronica and Lashon Gurrola. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation subject to the use as defined in this petition with regards to the number of residents, the type of residents, and the type of services provided. The description of the proposed use appears to meet the standards for granting a Special Exception. 1~. The petition ®f)I~IS and .Aacaluedyn IE~ucker. These properties are located within the Chapin Park Local Historical District and the Chapin Park National Register District. The Historic Preservation Commission identified the house located at 309 Marion as a contributing structure in 2005 and therefore the house cannot be removed without the approval of the Historic Preservation Commission. The full comments from the Historic Preservation Commission are attached. Therefore the Staff recommends that the petition be tabled until the Historic Preservation Commission can fully review this petition. In the event that the petitioner does not want to table this matter, the Staff would recommend that this petition be sent to the Common Council with an unfavorable recommendation. 17. The petition ®f Taste o~N9texic®. Devised petition. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The Staff's approval of the front yard variance is subject to additional landscaping along Western Avenue. The City and the Western Avenue Steering Committee have been working to green the corridor and enhance the pedestrian environment. A low hedge plant would add a green buffer along Western Avenue but be low enough to not block site distance for safety. Staff would note that the north/south alley to the east was vacated in 2005, adding an additional 7' to Lot 827. The variance for maneuvering aisle width is no longer needed. If the east/west alley to the south will be used as ingress and egress from the parking area, the City Engineer requires it be paved from K.aley Street to the eastern boundary of the property. 1S. The petition of i,ouis and Bonnie Smith and Walsh Construction Company. The Staff recommends that the Special Exception Use be sent to the County Council with a favorable recommendation subject to the standards of Article 8.02.O1.A.2.m. It appears this petition meets the size and setback requirements. The Staff is unaware if an indemnity agreement has been filed, a requirement prior to approval and construction of the borrow pit. 19. The petition of Stephen Dragovich. The Staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. It is the long-term goal of the Northeast Neighborhood Council to return the neighborhood to single family uses. The projected land use plan in the Northeast Neighborhood Development Area Plan (2003) identified this block of St. Peter Street as single family home ownership preservation. Granting a special exception allows a group residence permanent status. The other legal non-conforming "boarding houses" on this block will revert back to single family homes if the non-conforming use is inactive. The property is pending rezoning to MFl. The rezoning will be heard at the September 15, 2009 Area Plan Commission meeting. Sincerely, Christy Nayder Planner 1. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDLAI~TA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 616 N. ST. PETER STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the 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 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: 616 N. St. Peter Street in order to permit a special Exception to allow a group residence in the MFl District for up to 5 unrelated people. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION iII. The Common Council of the Cif of South Bend, Indiana, here'ay fords that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. ~--~-~ ~- ~J~-~s~, I Member of the Common Cou it ^r ~ `. •~ ~Qq•~ e ~~[?~~ ~.3 stied ~++~~5 f~J ~! ol~ f:~ ~3~l~Etf~ ~fl c,/ Cau1~7 ~~ c,~ i#u~ ~~ cESENTECJ ~(~~ `{`~~ NOT APPR,@ ~~~~~ i~l ~t~~'~~'~ ~~~~~~ AUG i i 2Q09 JON~~ V(~Ci~CE CI5'V' CL£fiK, ~C. C~i~t~, fN. ADORTfi~. Stephen Dragovich 616 N. St. Peter St. South Bend, Indiana 46617 August 11, 2009 Board of Zoning Appeals The city of South Bend, Indiana 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Council Members, ~~vn1 I respectfully request a special to allow a group residence in the MF1 district for up to 5 unrelated people. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; due to the overwhelming like use already prevalent within my block. A concentration already exists of student housing; so my property is landlocked by these MF1 properties. In addition, the proposed use will not be injure or adversely affect the use of the adjacent area or property values therein; once again, I'm landlocked by MF1 zoned houses which can only benefit from my rezoning to MF1 with special exception. -The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and therefore my request, given the concentration of student housing within the near northeast side neighborhood, is a consistent use of property within my district. The proposed use is compatible with the recommendations of the city of South Bend Comprehensive Plan from a practical perspective. South Bend has identified MF1 districts within its geographical city limits. I live in a designated MF1 district so I only respectfully ask for your favorable consideration of my request. Respec ully, ~~ ~~ Stephen Dragovi 28ft I SC-ft I '^ ~~ o ~ .~ `--~~~- ~~ ------ -, 1 yl 1 1- ~ -1 15 ift ~ , ~- ~ _'__ ^_ "T 1 x ; ~~ 1 1 i 1 , 1 , 1 , 1 ~1 1 ,~ 1 ~1 ~~ r 1 I I 1 I 1 1 1 1 R=ilan~e j 1 j 1 1 1 1 1 F S _1 1- I 1 c I ~' 1 1 -< 1 ' 1 1 ~~~~~~~~ ~~~~~~~J 25.6ft ..Sft According to aerial photos, the front lot line runs along the east side of the sidewalk. The residence is set back approximately 18' from the West, front lot line and sits approximately 42.5' from the East, rear lot line. The residence is set approximately 20.5' from the North, side lot line and 8' from the South, side lot line. l Gels ~ Rec ounry rarcea PARCELID NAME_1 MAILINGADD MAILINGCIT ING MAILIN GZIP - PROP_ADDR 816 SOUTH BEND 11 018-5031-1106 BROADWAY EMMA 816 South Bend Av South Bend IN 46617 AV. 2 018-5031-112601 LEGACY SQUARE DEVELOPMENT LLC 621 Notre Dame Ave South Bend IN 46617 621 NOTRE DAME AVE 3 018-5031-1110 GROSS & COHEN NOTRE DAME LLC 374 Old Montague Rd Amherst MA 1002 VAC LOT 18 ALMOND CT. 4 018-5031-1116 LIVET AFRICAN METHODIST EPISCOPA & CHURCH 719 N Notre Dame Av South Bend IN 46617 VAC LOT 17 ALMOND CT. 5 018-5032-1154 WENS HEATING COMPANY 1115 Fremont South Bend IN 46628 743 SOUTH BEND AV 6 018-5032-1155 BLUE 8< GOLD HOMES LLC 51524 BRIGHTON CT Granger IN 46530 749 SOUTH BEND AV 7 018-5032-115601 AJP REAL ESTATE GROUP LLC PO Box 232 Mishawaka IN 46546 755 SOUTH BEND AV RUST NUMBER 753 SOUTH BEND AVE 8 018-5032-1156 AUDREY RICHARDS TRUSTEE 753 South Bend Av South Bend IN 46617 753 SOUTH BEND AV . ORTHEAST NEIGHBORHOOD 9 018-5032-i 153 REVITAL- RATION ORGANIZATION INC 803 Lincon Way W South Bend IN 46616 741 SOUTH BEND AV RCELLO 10 018-5031-1095 SALVATORE AND MARISA 735 E Sorin South Bend IN 46617 735 SORIN 11 018-5031-110401 FEINGOLD RICHAR STANLEY 1011 E DonmoyerAve South Bend IN 46614 813 SORIN 12 018-5031-1127 EGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 617 NOTRE DAME AVE 13 018-5031-1126 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 VAC LOT 33 SORIN 14 018-5031-1125 ZIMMER WILLIAM L & JULtA A 18075 Roosevelt Rd South Bend IN 46614 VAC LOT NOTRE DAME AVE 15 018-5031-1104 KIMBLE CARL J & ANNA 840 N Ironwood Dr South Bend IN 46615 819 SORIN VAC LOT 33 NOTRE 1 6 018-5031-1124 WILLIAMS GILBERT L JR 1205 CAMPEAU ST South Bend IN 46617 DAME 1 7 018-5031-1099 NVNG LLC 812 E LaSalle One South Bend IN 46617 618 N ST PETER UNIVERSITY OF NOTRE 713 N NOTRE DAME 1 8 018-5031-1121 DAME DU LAC 224 PLANNER HALL Notre Dame IN 46556 AVE 1 9 018-5025-0867 GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 802 SORIN GROSS 8< COHEN 20 018-5025-0869 NOTRE DAME II LLC 374 OI Montague Rd Amherst MA 1002 810 SORIN 21 018-5025-0870 GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 814 SORIN 22 0 18-5025-0871 HARRIS VELMA J 8 18 SORIN ST South Bend I N 46617 8 18 SORIN 23 018-5025-0872 TTON LE ROY JR. AND HELEN J. 53307 Peggy Ln South Bend I N 46635 822 SORIN 24 018-5025-0873 BETSIAFA PATRICIA ANN & DOUGLAS K 224 N Sunnyside Ave South Bend I N 46617 826 SORIN 25 018-5025-0874 GROSS & COHEN NOIRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 828 SORIN 26 018-5025-0875 ONER ROSIE L'SEE TRANSFER NOTES" 834 E SOR1N South Bend IN 46617 834 SORIN 27 018-5024-0846 GILLIS PETER F III 318 N Lafayette Blvd- South Bend IN 46601 719 MINER 28 018-5025-0876 GROSS & COHEN NOIRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 836 SORIN 29 018-5031-1097 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 630 N ST PETER 30 018-5035-1239 HILL BERLEANE 729 South Bend Av South Bend IN 46617 729 SOUTH BEND AV 31 018-5031-1117 COLLINS KATHALEEN 812 Almond Court South Bend IN 46617 812 ALMOND 32 018-5031-1118 REESE JOHN & OTHA L 51545 Autumn Ridge Granger IN 46530 816 ALMOND 33 018-5031-1119 WILLIAMS GILBERT L JR 1205 Campeau South Bend IN 46617 820 ALMOND 34 018-5031-1120 FLOWERS KEITH 20801 Roosevelt Road South Bend IN 46614 824 ALMOND CT. 35 018-5031-1103 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 606 PETER 36 018-5035-1238 DOUGLAS CLINTON III PO Box 8265 South Bend IN 46660 727 SOUTH BEND AV 37 018-5031-1129 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 823 SORIN 3 8 018-5031-1093 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 609 ST PETER LEGACY SQUARE ~,.,~a.,~e n an~~1 613 NOIRE DAME AVE 3 9 018-5031-113001 Utvtwrivitiv ~ ~~~ ~o ~ ~~a~~~~ ^•~ • ••••---~- 40 018-5031-1102 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 100 2 610 PETER 716 SOUTH BEND 41 5035-1249 018 HOLMER THOMAS 716 South Bend Av South Bend IN 4661 4 7~ $ - SOUTH BEND 42 018-5035-1250 JDS PROPERTIES LLC 17642 PARRISH CT South Bend IN 4663 5 AVE. 43 018-5031-1092 GROSS & COHEN NOIRE DAME LLC 374 Old Montague Rd Amherst MA 1002 613 ST PETER 44 018-5031-1101 GROSS & COHEN NOIRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 614 N ST PETER OUSING AUTHORITY 724 SOUTH BEND 45 018-5035-1251 OF SOUTH BEND 501 S Scott St South Bend IN 46613 AVE 732 SOUTH BEND 46 018-5035-1252 FAIRMONT HOMES P.O Box 27 Nappanee IN 46550 AVE EDNEGO ALEX & SOUTH BEND-VAC 47 018-5035-1237 LEOMI 5023 Selkirk Dr South Bend IN 46614 LOT AV ATERNOWSKI PHILIP 705 NOIRE DAME 48 018-5031-1122 C & CAROLYN 21387 Mays Dr South Bend IN 46628 AV. 49 0 18-5031-1123 J ZIMMER WILLIAM L & ULIA A 1 8075 Roosevelt Rd South Bend I N 46614 6 29 NOTRE DAME 50 018-5031-1089 BUMBACA FILIPPO 1 707 So Bend Ave South Bend I N 46637 740 SOUTH BEND AV 51 018-5031-1098 SCHIRRIPA ANTHONY AND THERESE A 2123 Riverside Dr South Bend I N 46616 626 N ST PETER NORTHEAST NEIGHBORHOOD 52 018-5032-1152 REVITALIZATION ORGANIZATION 803 Lincolnway West South Bend IN 46616 739 SOUTH BEND AV TURNOCK-VACANT 53 018-5035-1243 MADISON CENTER INC 403 E MADISON ST South Bend IN 46617 LOT ST VAC-ADJ TO 740 S 54 018-5031-1090 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 BEND AV 55 018-5031-1096 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 812 SOUTH BEND AV 814 SOUTH BEND 56 018-5031-1105 ROBINSON DAVID A 814 Sauth Bend Av South Bend IN 46617 AV. NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTH BEND 57 018-5035-1240 HERITAGE FOUNDATION 803 LWW South Bend IN 46616 731 SOUTH BEND AV NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTH BEND 58 018-5035-1241 HERITAGE FOUNDATION 803 LWW South Bend IN 46616 705 TURNOCK ST VAC LOT ALMOND 59 018-5031-1107 BROADWAY EMMA 816 South Bend Av South Bend IN 46617 CT. O ET AFRICAN 60 018-5031-1113 ETHODIST AND EPISCOPAL CHURCH 719 N Notre Dame Av South Bend IN 46617 719 NOTRE DAME AV 61 018-5031-1130 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 605 NOTRE DAME AVE 6 2 018-5031-1094 MANTA MARIO E 50929 Mulholland Dr South Bend IN 46628 605 N ST PETER 6 3 018-5031-1091 WRIGHT SAMUEL LEE %CUSTOM MASONARY Po Box 11645 South Bend IN 4663 4 617 ST PETER 6 4 018-5031-1100 DRAGOVICH JOHN`MISC 314 E Peashway South Bend IN 4661 7 616 N ST PETER 13-5031-11 ~00 P®r~age Tv~r~ Information shown on This map Is not warrariled for accuracy or merchantability. Reproduction of Ihis material Is not possible without vrritten permission of St. Joseph County, Indiana. Dale Printed: August 70, 2669 Pholography:Spdng 2662 N Prepared by: Sl. Joseph Cmunly Of:tce of GIS yr E 227 W. Jefferson Blvd. South Bend, Indiana 46661 3 ' Phone: (574) 245-6583 1 inch equals 101.334291 feet AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 S.epteinber 3, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 9/2/09 Dear Council Members: The above referenced petition of Stephen Dragovich was legally advertised on August 16, 2009. The Area Board of Zoning Appeals gave it a public hearing on September 2, 2009, at which time the following action was taken: Upon a motion by Mr. Urbanski, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for a group residence for up to five unrelated people, on property located at 616 N. St. Peter Street, is sent to the Common Council with l~To Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot Building Commissioner ~-~ CCB/cah DRAGOVICH SPECIAL E:CCEPTION PURSUANT 21-09..(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT ] . THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CO]~TVENIENCE OR GENERAL WELFARE BECAUSE: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive. T1lerefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 3. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY' AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: 3. THE PROPOSED USE FILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COA~IPP.EHENSIVEPLAI~rBECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the Cite of South Bend Common Council with : 1\TO RECOMMEI~~DATIOI~T. ADOPTED this 2ND Day of August, 2009 YES NO ® MICHAEL URBANSKI ABSENT RANDALL MATTHYS ® JACK YOUNG ABSE7~'T JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN ~~~~ ~~~~ ~~~~a~~a~~ ®~~ ~~o ~~~~~~~ ~ ®~~~~ John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 August 26, 2009 1140 County-City Building South Bend, Indiana 466u1 www.stjosephcountyindiana.com/areaplan Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Fax 574 235-9813 ~~~~ ~~ ,~ ~ Zu,~a BUG dQt~,t~ ~~c~, 5~;~7, t;t. The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday September 2, 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances• A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Boara' of Zoning Appeals making a written a'eternzination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (I) The approval will not be injurious to the public health, safety, morals and general welfare of the communiiy,- (2) the use and value of the az•ea adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter would result in practical d~culties in the use of the property Chapter. 1. The petition of Del 1@'d. Hensley The Staff recommends denial of the requested variance for an accessory structure without a primary structure. By definition, an "accessory" structure cannot exist without a primary structure. Accessory structures without primary structures may tend to convert to, and be used for, non-residential uses. hi the past, the Board has occasionally allowed an accessory structure when if was the intention of the petitioner to build a house and the accessory structure was used to store materials and equipment. In this case, the petitioner does not intend to build a house on this property. It appears that it is the petitioner's intention to build a personal storage building in the midst of asingle-family area in which he does not reside. 2. 'The petition of Vil~ie 103ason and Illusion Salon Spa. The Staff recommends denial of the height variance. The request for 25' in height is more than 3 times the allowed height of R'; a 212% increase. Variances for increased size undermine the intent of the sign ordinance, and requests should have a clear relationship to unique site conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property". This sign would be a visual barrier and distraction to the busy intersection at Ironwood and Edison Roads, and may very well shield the building and sign at the southwest comer of the intersection. Serving South Bend, Lakeville, Ne~v Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 6. The pe$i$on of 1LaIl~ry foe amd fl~osalie A I~1[cCay and Donald & Cyn.$hia L.1Vi[cCay. The Staff recommends approval of all variances. This configuration seems to preserve the largest amount of agricultural Land. Due to the location of the existing houses, the Staff has no objection to the frontage variance. ~. The pe$a$IlOn ®~ I~toaIln ~arnals, Town of l~ew CarlIl§fle. The purpose of setbacks is to insure that structures do not negatively impact the use and enjoyment of adjacent properties. In this case, the adjacent property is a public right-of--way, with the maintenance of that right-of--way the responsibility of the Town. Having a structure on the property line will require extra diligence, and exposed liability, on the part of the Town at the time that the alley is re-graded or perhaps eventually paved, to insure that no damage occurs to the structure. 1®. Tlne pe$n$ion of A~Il$o done. The Staff recommends denial of the variance. This property in within INDOT's construction area for the State Road 23 road project. Since the entire site is being redesigned, no hardship exists. It is possible to design the site and maintain the 15' front yard setback. Only 26 parking spaces are required (3.5 spaces per 1,000 square feet of retail space), yet 46 are provided; more than double. If the 10 spaces within the front setback were eliminated, a variance would not be needed and the number of parking spaces required would have been met and exceeded. The maneuvering aisle width required is 24'; yet is being shown as 30'. An additional 6' would allow fora 11'6" front yard. The building could be moved the additional 3'6" to the north and a variance would not be needed. 12. The petition of Portage 10'danor. The Staff recommends denial of the variance. The placement of the new sign is clearly visible and the recently completed new intersection will help to identify the entrance. While visiting the site there were no perceived obstructions to viewing an appropriately sized sign. i'ne proposed sign will be 225% taller and 335% larger then allowed. When the new sign ordinance was passed in 2004, the intent was to: "eliminate. excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". Special (Exception) Use: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recomtnendations of the (St..Ioseph County and City of South Bend) Comprehensive Plan. 15. Tlne petition of Pedro, Vero®ica aad Laslaon GIl~rrola. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation subject to the use as defined in this petition with. regards to the number of residents, the type of residents, and the type of services provided. The description of the proposed use appears to meet the standards for granting a Special Exception. 1~. `IChe petition ®f ~I~IS a.mmd .Ifacgnrellyun ~a~sker. These properties are located within the Chapin Park Local Historical District and the Chapin Park National Register District. The Historic Preservation Commission identified the house located at 309 Marion as a contributing structure in 2005 and therefore the house cannot be removed without the approval of the Historic Preservation Commission. The full comments from the Historic Preservation Commission are attached. Therefore the Staff recommends that the petition be tabled until the Historic Preservation Commission can fully review this petition. In the event that the petitioner does not want to table this matter, the Staff would recommend that this petition be sent to the Common Council with an unfavorable recommendation. ~.7. TIIae petiti®n of Taste o$' 1~1lexico. I~eviserl petati®~e. The Staff recommends that the Special Exception Use be sent to the Common Council with' a favorable recommendation. The Staff's approval of the front yard variance is subject to additional landscaping along Western Avenue. The City and the Western Avenue Steering Committee have been working to green the corridor and enhance the pedestrian environment. A low hedge plant would add a green buffer along Western Avenue but be low enough to not block site distance for safety. Staff would note that the north/south alley to the east was vacated in 2005, adding an additional 7' to Lot 827. The variance for maneuvering aisle width is no longer needed. If the east/west alley to the south will be used as ingress and egress from the parking area, the Ciry Engineer requires it be paved from Kaley Street to the eastern boundary of the property. 1~. The petition of )(JOIdiS and Donnie Sffiith and Walsh Construction Connpany. The Staff recommends that the Special Exception Use be sent to the County Council with a favorable recommendation subject to the standards of Article 8.02.O1.A.2.m. It appears this petition meets the size and setback requirements. The Staff is unaware if an indemnity agreement has been filed, a requirement prior to approval and construction of the borrow pit. 19. The petition of Stephen Dragovich. The Staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. It is the long-term goal of the Northeast Neighborhood Council to return the neighborhood to single family uses. The projected land use plan in the Northeast Neighborhood Development Area Plan (2003) identified this block of St. Peter Street as single family home ownership preservation. Granting a special exception allows a group residence permanent status. The other legal non-conforming "boarding houses" on this block will revert back to single family homes if the non-conforming use is inactive. The property is pending rezoning to MF 1. The rezoning will be heard at the September 15, 2009 Area Plan Commission meeting. Sincerely, ~` .4 ~ ~~~ Christa Nayder Planner ®su/®®~ ei iv ~~r awn ~a ~~ ~ ~ ~~~5 r awe MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land Surveyors Professional Engineers Landscape Architects Land Planners ~;~~ i~~- 0~-~1 Honorable Members of the City of South Bend Common Council 4th-Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for the South Bend for property located at 1434 Garland Circle, South Bend, Indiana: Dear Council Members: August 4, 2009 Our clients are requesting the approval of a Special Exception for their property located at 1434 Garland Circle, South Bend, Indiana. This Special Exception will allow the petitioner to operate Group Home for a maximum of Eight (8)girls. Our clients believe that the approval of the proposed Special Exception will fit within this established South Bend neighborhood. 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, Harner & Associates, Inc. File # 090139 Md. "C" 1643 Commerce Drive ® South Bend, IN 46628 208 West Mars Berrien Springs, Mi 49103 office 5741234-4003 ® 8001594-4003 o Fax 5741234-4119 once 269/471-3010 e Fax 2691471-7237 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETTTION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT (1434 GARLAND CIRCLE, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals of St. Joseph County, Indiana has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (1434 GARLAND CIIZCLE, SOUTH BEND, INDIANA) in order to pernut: The Approval of a Special Exception to aLow for the operatior, of a Group Hone for property loca±ed at 1434 Garland Circle, South Bend, Indiana per Section 21-02.01 (a)(2)(F) of the City of Sonth Bend Zoning Ordinance. SECTION II. Following a gresentat7on by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals of St. Joseph County, Indiana, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby fords that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use vrill be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.43 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council /~ ~`;~it'til~ ~~Z ~f~ t~•3~ 1~ ~it3j1 t~ ~rr3t`E~8 p~3pp; ~.!'s~t'1' iul' ~`~l~~rv F's@e~;~R~ Cc~uswsl a~a~ ~n t`li~ i~+~a. P~ESEi~TE~ . ~ npr-~K !;] i ~~ s.s... @(~d [~ ~~~~~ ~~~a~~ AIiG 1 1 2QQ9 sa~~ ~ycl~,rl~ ~1`i1° CGFrTK, ~Cl~ ~~3~, t~. i sQ'a~~F~: ;' . AREA BOARD OF ZONING P..PPEALS OF ST. JOSEPH COUNTY, INDIANA NO. NOTIFIED FILED , 20 20 HEARING , 20 APPEAL Applicant's Name: PEDRO, VERONICA & LASHON GURROLF, Phone 1-708-417-6315 Address: 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA 46614 Address of Property: 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA 46614 Present Zoning of Property: '°SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT Owner's Name: PEDRO, VERONICA & LASHON GURROLA Phone 1-708-417-6315 Address: 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA 46614 Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMN~RCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS FOR ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the .matter of erecting, occupying, building, addition at 1434 GARL_~ND CIRCLE, SOUTH BEND, INDIANA 46614 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Recuest: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-02.01 (a) (2)(F) of the City of South Bend Zoning Ordinance to allow for the operation of a Group Home for property located at 1434 Garland Circle, South Bend, Indiana 46614, per Section 21-02.01 (a)(2) (F) of the City of South Bend Zoning Ordinance ; The Petitioners are the owners of the real estate parcel shovm on the attached site plan and as shown in the records of the St_ Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "SF1" Single Family and Two Family District. The Petitioners desire to operate a Group Home for a maximum of eight (8) girls at the home located on Garland Circle. Their intention is to create a home atmosphere for the girls in a stable setting. The age of the girls who would be residents range from 10 years old to 18 years old. The Group Home would be licensed by the State of Indiana through 2 the State's Department of Child Services (DCS). The girls that would live at the Group Home would already be in custody of the State. The State, through their various Child Service programs, would have determined that the girls existing parents or guardians are not presently suitable to provide the supervision required for the girls' wellbeing. The Group Home would be run under the Hope House Organization with the State Department of Child Services overseeing that facility meets their strict standards and guidelines. The Petitioners have chosen Ruth Brimmer and her spouse, John 1~?ewell to be the Group Homes' House parents. They would Live at the home and would supervise the girls' daily activities. The Group Home will offer treatment placement, which means that prior to being accepted as a resident, each girl would go through an admission process including an interview to ensure they meet the Group Homes' and Hope House criteria. The girls would not be admitted if they have had previous tendencies towards suicidal thoughts, or have had any previous gang affiliations, or any severe emotional issues that would require an intense secured environment. The girls would be capable of attending local schools, and socializing appropriately within the community. The Group Homes' House parents would teach the girls skills such as social manners, cooking, using computers, household budgeting, banking and money mar_agement. The Houses parents would also help the girls with their school studies, and allow the girls to indulge in exploring their interests in cultural arts, painting, and music appreciation. These are skills the girls would use through-out their lifetimes and would help them to transition into being able to live independently. The main goal the Group Home would be to re-unite the girls with their parents or guardians if that is possible. The Petitioners would ask the Board Members to agree that approval of the Special Exception to allow for the Group Home, would not be injurious to the public health, safety, comfort, community moral standards,.convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). The Petitioners would ask the Board Members to agree that the Group Home in this residential setting, would have a positive affect on the girls who would live in the home. The Petitioners believe that this setting, being a regular home, and not an institutional facility, with a limited number of residents, would help the girls to overcome their previous unsuitable environments, and allow them to begin anew, with professional guidance, to a positive outlook on the rest of their lives. The Petitioners believe that approval of the above Special Exception for this proposed use will not be detrimental to adjacent properties, nor will it adversely affect floe surrounding property values. 3 The Petitioners would ask the Board I~eaahers to agree that approval of the above described Special Exception will not have a detrimental affect for this. area, nor would the property values, public's health, safety, morals, or general welfare he adversely affected. The Petitioners 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 Special Exception is sought: that the need for the Special Exception arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the petition for the Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the conaznunity. I attest, tinder the penalties for perjury, that the foregoing representations are true. Michael J. Danch President Danch, Harner & Associates, Inc. Property Owners Within 300 Feet Pedro Gurrola & Veronica Jivers Scott & Joyce Skillern Jeremy & Stacey Noetzel 1448 Garland Cr 1434 Garland Cr 46614 IN South Bend 1442 Garland Ct South Bend, IN. 46614 South Bend, IN. 46614 , . Tax Key # 018 7213 7850 Tax Key # 018 7213 7849 Tax Key # 018 7213 7848 Kathleen Diltz Van E Gates Robert & Judith Schmuhl 1454 Garland Circle 1449 Garland Cr 46614 IN South Bend 1441 Garland South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 7213 7847 . , Tax Key # 018 7213 7846 Tax Key # 018 7213 7845 James & Jill Hillman Phillip & Christine Lewallen -David & Jeanne Ballard 1404 Ridgedale Rd 14 229 N Michigan St 46501 IN Argos 3215 York Rd South Bend, IN. 46614 South Bend, IN. 466 Tax Key # 018 7213 7844 , . Tax Key # 018 7175 6246 Tax Key # 018 7175 624601 John & Marjorie Bycraft William & Jennifer Nolan Donald Wisniewski -Anne Riordan 1316 Garland Rd 1326 Garland Rd 1340 Garland Rd IN. 46614 South Bend South Bend, IN. 46614 South Bend, IN. 46614 , Tax Key # 018 7171 6057 Tax Key # 018 7171 6056 Tax Key # 018 7171 6055 Helen Diltz James & Jill Hillman James & Jill Hillman 3102 York Rd 1404 Ridgedale Rd 1404 Ridgedale Rd IN. 46614 South Bend South Bend, IN. 46614 South Bend, IN. 46614 , Tax Key # 018 7171 6054 Tax Key # 018 7171 6052 Tax Key # 018 7171 6051 Christopher & Michelle Quinn Daniel & Editha Cohen Ernest & Jane Nagy 1326 Ridgedale Road 3013 York Rd P.O.Box 1124 IN. 46614 South Bend South Bend, IN. 46614 Elkhart, IN. 46515 , Tax Key # 018 7171 6048 Tax Key # 018 7171 6047 Tax Key # 018 7171 6044 Brock & Anne Marie Berta William & Patrice Hindsley James & Jill Hillman 3025 York Rd 1343 Garland Rd 1404 Ridgedale Rd IN. 46617 South Bend South Bend, IN. 46614 South Bend, IN. 46614 , Tax Key # 018 7171 6043 Tax Key # 018 7171 604201. Tax Key # 018 7175 624501 James & Sara Radowski Rev Trust Nicholas & Tracy Molnar 1438 Ridgedale Rd 1452 Ridgedale Rd South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 7201 7338 Tax Key # 018 7201 7339 Vdn E. Gates 1449 GARLAND CIRCLE SOUTH BEND, INDIANA 46614 ~.~®~ ~~~~~ ~~ec~~ ~.lt~ ®~ ~®u~~l ~~d '1~ f '~ ~ ' 4U G ~ 8 2009 L~: L r %~_ t„Ti Tka'°v3.~~s.i~."1rLP dear I~a~or Luec~~~ ~han~~ fo~° li~teniffi~ to ~.y account on the ~~°oup home planned for ~ariaud Circle, I ~~ ~endin~ c®~ie~ of ~~ ,after to the ~~~- board, a fact sheet ~ive~a out ~y ode mouse ou. the~.r recutopen house, and a ii~t of the x~e~~hhors rho are affected. We ho e the ~o~pe I~®use re~~.est he denied at P the ~~~ level and at the cif cou~.c~.i level. ~~.ncereiy~ ~~ PxorlE: (574) 291-3439 E-MAIL: VGATESLQAOL.CObf ~i1~d l~ ~(e~k'~ ~fif€~~ SEP - ~ ~ aa~;i vaa~~~ ~i~Y CL[~,K, 50. BEFID, (t~. ~~ ~`~-- '~o ~~~ ~oa~°~. of ~®mi~~ ~pp~ai~ ~~ar ~~~, ~ f~~i ~~.a~ ~®~ ~~ouid ~nrn down ~~ ~.~~~.~~®~ for a ~ro~p ~®~-~ filed ~~ ®p~ ou~e. ~ are nod a~ain~~ ~~~ ~i-r~.~ mho ~~ill b~ ~e~r~d.9 b~a~~~~e f~e~ ~ha~ ~~~~ ~~ not ~h~ p~a~~ for a homy and. ~~~~ ~~~~~ are ~~~ ~h~ ~~®p~e to op~~°a~~ a ho~-e for ~%rL~. . ~h.e hi.~tor~r of the house a~ 143 ~arl~nd ~lr~l~ a~ alain~..~ ~~~~riCte~I d.ru~ ~ieal~r I~~ed. .ere for mangy ~ear~ aid. ~~~~ a peon ~~~° ~h~~ o~n~~ th~~ p~°op~• ~~~ ~rop~ ~~~ -p~rc~aa~~d. ~~ Pedro ~u~roia in D~~~nnber of 2006. Por two ~ear~ the p~`ol~~Y ~a~ . . aba~.donec~ nth b~°oh.~n ~inc~~~~, ewes falling dos~n, I~a~n~ roof, a yard and ~a~`n ghat ~oo~ ~ a ~~~ ~~ and ~- con~a~~s -~v~re ~ad.~ h~ n~ighh®~°~ to ~b~ bode ~ufor~em~nt I)~p~ to g~~. the prop' ~~ to eo€~e. ~c~t~ng ~~~ d.a~n~ for o ~ear~ ~.u~:i.~. early th~~ year when repair ~er~ ~~art~d. ill tl~i.~ dime the ~~a~°rola~ left ~~~~ ~~e~nre ~xnimpru~e~. had can ~~ e~pee~ if ~~~~ becomes a ~ro~.p home bu~ine~~ and- ~~ gee fihi~ ~a~e I~in~ of ~.eglec~~ ~ ha~~ a number of group ho~e~ ue~.rb~9 one home on ~'o~°i=~ ~oa~ ~~ o~.i~ .2 of ~ ~ a~a~ti '~~~ o~~er~ are n~aa by and a- ~°ehab cen~e~° of 1~~ pa~leu~~ ~~ .6 of a e a~aa~Z. ~ci~ho~h~o~ ~o~° ~~°®~~ hoc~o ~~~ ~.~.~~ ~ic~~ h~~°~o ~~~i~ °' ~~ i~o~~ihic o~. o~~° ~~~~ ~~.~ cir~cl~ which ~®~~i~~ ~ffi~. ~oi~~ ~.~ ~r~.~°i®u~ ti~.~~ plus ~rg~it®r~ ~~d. _ ~~.~°la~ ~i~°clc. hoc th~.t ~~~ ~o~:~~ ~ co~~i~~~° ~~.~ ~rohl~~~ , that ~iil. ~~ ~e~cr~.tcd ~~.~~ the~c Chic~~~ peo~lc c®~~ ~ anti ~t~~t ~. b~a~i~c~~ ~ o ~ci~hbo~°h~oci. `t'he ~c~hho~~ hcrc ~~~ ~ri~~~°ily 1~~~ ~ ~°c~i~.cnt~ mho a the ta~e~, vo~o~tee~ ~~.c~ ~er-ve ~~~ co~~~k~~ ~Y on ~~ ~~ of lbo~.rci~ incl. ch~~itic~, ~o.~. ~~pp®~fc the city in ~~ny ~~.y~. e ~s~ that you c®~id.e~ the ne~~tive~ that this project [ ~~~~ fo~° ~~ end. fo~° the city. ~~n ~.ffid~ ~~~~ ~ate~ 149 ~a~°l~n~ ~lrclc ~®uth ~cnd. ~~~,.. .. ''~ - :o~~u~.~K: Gr:~;~~,~:... . 4~ .lJ-®1'('/pYJ 1A {®~gV ~il ~'/1~Y`~/~7'(1-?11}(~+~ `q~-°~l 1~~j(1fTy V1 e ~ NOME OWNERS- pEDROlLASI~ON/VERONICA GURROLA ~ HHO BOARD MEMBERS ~ , C~-~ +-` EgtLK NINES-PRESIDENT F LASHON GURROLA VICE PRESIDENT ~ gU'i`H BRIlVI1v1ER-SECRETARY D DR.IZUEGBUNA-M ADVISOR , DR. JASON CASTATOR-ADVISOR ~ ~ MICHAEL SLMPSON-QUALITj'UAS~RSURANCE -~~-~ -~ VERONICA GURROLA-TREA.S ~;~~~~~~ o PROGRAM-GROUP HOME FOR GIRLS AGES 8-15 . ~ LICENSING AGENT-PENDING ~`H ~~A DEPT OF CHILD . SERVICES ~ ~ CREDENTI-ALS- ADMIrTIST PTO ~ EAR HO G DA O~ R~(L ~'Ds~~ . PROGRAM ~ ~ GROUP HOMES ILLIIVOIS AND TNF3IANA) 7YRS EXPER>EN R 3I~ ~g2IEi~ICE~TT1'H ROUSE MANAGER RUT~I BRi { GXOUPTi0Iv1E33 ~, ERIKMINES-BAC~LORS DEG E~~c~ xurlNmrG s?~ALI. FINANCE/BUSINESS.(s~ ~- ~~ BUSINESS?` w ^ ~ ~ © GOAIrTO PF>OVIDI; SAFE NURTURING CARE IN A F®~R ~ EIIt EN'~JIIZO iN~r. TO ASSIST GIRLS ~TI~ TRANSTiT O~~EN,I. TAT NATURAL ENViRON~iENT TO A STRUCTURED ENVIR L'NHANCES GROAT-HY ~,EL~FICA'1~ON OFD CO~IPLETIOI~I OF SCHOOL, AND FAMIL Subj: eke: Es>,bail s~trs~ relrort Data: 8/26/2009 'f 1:36:57 A.P,~. cas#em DayfightTime Froth: a~~ii2ltif 1~~'fii5n_C,C!1'I -. r' •.~~=•^i`r,[;~Gii~i.I12%, -'1 / rQ.°f„ill, t_h_1C7!12i1'~~L;L.~. S ~tC/'/, ~i]SI1.C+"hil, LSIv'i~i1a(~Si~C~IIQ~ci~_7i~t`, CSC(1i:._l'_ii[U_ ;~;N?tt~3i~S°ieC;f+ll _C~~I, l^Gc=_°i'i_QOIwSIJCi~'71~1.:.-~_ ?, SiSLYVi;(li_~ .1! l~_? CJIo~ f~i .~ 0!1Cil2il~y~C1t.1 ,~ ,y ; ;~ „ `'i t' r (-`--i n CCt;1 8i1 CJSllC - - ~;~2. S~f~ .OI itJ, ~! r I uli O s; - J ~~.. .--;,V;ifJCCfl1~~S(.ilvt ,^~ ) ~aiS J L~:1~ ;. a1 ~,!-?L.rt~C~ ll,'l~t a.;a, i~-- - - ~-.-.._ il` ,`~ ,a~s.J~pl CQTTI, ir;l~'J^,sc!1(C~'~{_C`vT, -^urtc-jil!1~i1L;Lrrr+C'~•C•` t-;°t 'J!/:°fJriiC~_~Si~C1~'J__C?~,5;•i, j. C!__ ~. ' _.-,:-- j _ %1f10ic.il(C.~,7Gv'1 ','_l?i ~Ct°„~Oi il, , ..:_~ -- . -- -._... 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Sera#: Wednesday, August 26, 2009 12:39 ANl StsEa]~t: Email status report Hey gang -- here's a List of who we have so far: David & Jeanne Ballard 3215 York 233-5795 291-2556 ~aii=:r~? i!Lm~n, =?~ ~.! :::at~1i?-! 5'~==°c =gi~`=?'•''~:'t Kate & Warren Diitz 1454 Garland Gircie Joyce & Scott Skiilern land Circle 1442 Gar 1441 Garland Circle ~_, :_~ _G t ~ `chn'~!' '`~'r' ' uhl Bob &Judy Schm 3013 York sp1.. _ -~cvr,2,,6~~as~c~i - ~ . ~ Dan & Editha Cohen 3025 York ~ n~~' rTt' .,;. , . ~la`J-,. L;/` .,te_--t tit. CL, t ~. ' - Anne Laverty 1448 Garland Circle ~ 4, ,_ i 11CGiL~!1,~~.\!~-~rr.•a;t1J01.~CF -- - Jeremy & Stacey Noetzei . C~gceyly~i~~~j /.itJ~L'._J iQ7t25 _1Lt 1449 Garland Circle ~/v~tesi!~uel.co_tn Van & Jean Gates 1404 Ridgedale `i'i}i';''_°r(c~r~:'~'`°~' Jill &James Hillman 1343 Garland ~'ar''-'`~~~s"c~~i`"-1'r'?` ' pati & Bill Hindsley e Riordan & Don Wisnievvsk"s 1340 Garland A •,,:;o~zbor~st:;rclg~~i..rc o,n __hrlke . ~Ea- ~,ot.~e ~ nn Sitl & Jennifer Nolan 1326 Garland , . : , ~ n Ernie & Jane Nagy 3019 York Mary Kloska 1329 E. Woodside . yea;:,-"~-1rs1`'~c°~rc~,s=,~°r Jean Dennen 1250 Garland 1220 Ridgedale , ~ze:;!~?cot tczst.Tei ~-~ -- ' " Razel Lerman 3104 Robinhood ho,,sc,.,-~c"sbcz,l~La_l,re.t Lisa Lerman }Marjorie & John Bycraft 131b Garland r,ti/v_.~,.t;_,~~rf,rr~r ,~ i 3015 Robinhaad =c~rn~;~`-'``-`=c~rn`i''`'~i` t Lbri &Tom CapannaP 1335 Garland ,, ,~_~ r~ ~~~-~,- ~,~nr,!,.~t,•-i?Fi-t\`-`=.~I~:.~i:,cq~~ Cheri &Tom Huntington 1452 Ridgedale Nick & Tracy Molnar C:"~C,rf:.+Clr:af!~ ~tilvf3_.,Crr Welcome to anyone who is new to this, and my apologies if t misspelled your name or got your e of us can keep them in . email address wrong -- for those who don't have email, perhap s som Thursday, August 27, 2009 AOL: Vgatesl AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 September 3, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 9/2/09 Dear Council Members: The above referenced petition of Pedro, Veronica & Lashon Gurrola was legally advertised on August 16, 2009. The Area Board~of Zoning Appeals gave it a public hearing on September 2, 2009, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for a Group Home in a "SF1" District, on property located at 1434 Garland Circle, is sent to the Common Council with an Unfavorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely Charles C. Bulot Building Commissioner CCB/cah GURROLA SPECIAL EXCEPTION PURSUANT 21-G9.3(D} ,4REA BOARD OF ZONING APPEALS FINDINGS OF FACT l . THE PROPOSED USE' V/ILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will not comply ~~ith all building, fire, safety, traffic; and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. ?. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use will not improve the appearance of the neighborhood and could devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on this property just do not create a different situation for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITE' OF SOUTH BEND COMPREHEI~TSIVE PL~?I~T BECAUSE: It is the feeling of the Board that the variance will not blend into the overall Comprehensive Plan and may be deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision oftl~e Board that t11is request for Special Exception shall be passed onto the City of South Bend Common Council with an: UNFAVORABLE RECOMMEhTDATI01~. ADOPTED this 2ND Day of August. 2009 YES NO ® MICHAEL URBANSKI ABSENT RANDALL MATTHYS ® JACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® TOE VELLEMAN ~~~~~ ~~~~ ~~~fi~0~~9~8`t~ ®~ ~~o ~~~~~~ ~~~iie~~ John W. Byorni Executive Director Larry P: Magliozzi Assistant Director Phone 574 235-9571 August 26, 2009 1 ~ 40 County-City Building South Bend, Indiana 4660 www.stjosephcountyindiana.com/areaplan Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 ]ZE: Area Board of Zoning Appeals Meeting Dear Board Members: Fax 574 z;i~-yts~:s ~'sE~ ~ t~t ~~~l.~s~ ~fir~~~ RAG ~ ~ 2G~~ ydt-tt~;fQOt~D~ n E,t. ~~ ~'~°~ F {o, .Ci~. 5' kid . , The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday September 2, 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances: A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (I) The approval will not be injurious to the public health, safety, morals cnzd general welfare of the community; (2) the use and value of the area adjacent to the property i~zcluded in the var lance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter would result in practical d ffculties in the use of the property Chapter. 1. Tine petition of I)el 1!'d. Hensley The Staff recommends denial of the requested variance for an accessory structure without a primary structure. By definition, an "accessory" structure cannot exist without a primary structure. Accessory structures without primary structures may tend to convert to, and be used for, non-residential uses. In the past, the Board has occasionally allowed an accessory structure when it was the intention of the petitioner to build a house and the accessory structure was used to store materials and equipment. In this case, the petitioner does not intend to build a house on this property. It appears that it is the petitioner's intention to build a personal storage building in the midst of asingle-family area in which he does not reside. 2. The petition of Vilsae 1VIason and lllnsion 5a1on Spa. The Staff recommends denial of the height variance. The request for ZS' in height is more than 3 times the allowed height of 8'; a 212% increase. Variances for increased size undermine the intent of the sign ordinance, and requests should have a clear relationship to unique site conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain mzd improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizitzg the possible adverse effects of signs on nearby public and private property ". This sign would be a visual barrier and distraction to the busy intersection at Ironwood and Edison Roads, and may very well shield the building and sign at the southwest corner of the intersection. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 6. The petitoffi of LarY-y .doe and ]Roselle A 1MIcCag~ and Donald ~ Cynthia L. ~cCay. The Staff recommends approval of all variances. This configuration seems to preserve the largest amount of agricultural Land. Due to the location of the existing houses, the Staff has no objection to the frontage variance. 9~. The petition of l~Toah Varnak, 'g'own of ~Iew Carlisle. The purpose of setbacks is to insure that structures do not negatively impact the use and enjoyment of adjacent properties. In this case, the adjacent property is a public right-of--way, with the maintenance of that right-of--way the responsibility of the Town. Having a structure on the property line will require extra diligence, and exposed liability, on the part of the Town at the time that the alley is re-graded or perhaps eventually paved, to insure that no damage occurs to the structure. 1®. The petition of Aanto done. The Staff recommends denial of the variance. This property in within 1NDOT's construction area for the State Road 23 road project. Since the entire site is being redesigned, no hardship exists. It is possible to design the site and maintain the 15' front yard setback. Only 26 parking spaces are required (3.5 spaces per 1,000 square feet of retail space), yet 46 are provided; more than double. If the 10 spaces within the front setback were eliminated, a variance would not be needed and the number of parking spaces required would have been met and exceeded. The maneuvering aisle width required is 24'; yet is being shown as 30'. An additional 6' would allow fora 11'6" front yard. The building could be moved the additional 3'6" to the north and a variance would not be needed. 12. The petition of Portage 1l~Ianor. The Staff recommends denial of the variance. The placement of the new sign is cleaily visible and the recently completed new intersection will help to identify the entrance. While visiting the site there were no perceived obstructions to viewing an appropriately sized sign. The proposed sign will be 225% taller and 335% larger then allowed. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays,- maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". Special (Egce~ption) Use: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use hill not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the (St..Joseph County and City of South Bend) Comprehensive Plan. 15. The petition of Pedro, Veronica and Lashon Gearrola. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation subject to the use as defined in this petition with regards to the number of residents, the type of residents, and the type of services provided. The description of the proposed use appears to meet the standards for granting a Special Exception. 16. The petition off)F~S and ,lacqureIlyn ~arcker. These properties are located within the Chapin Park Local Historical District and the Chapin Park National Register District. The Historic Preservation Commission identified the house located at 309 Marion as a contributing structure in 2005 and therefore the house cannot be removed without the approval of the Historic Preservation Commission. The full comments from the Historic Preservation Commission are attached. Therefore the Staff recommends that the petition be tabled until the Historic Preservation Commission can fully review this petition. In the event that the petitioner does not want to table this matter, the Staff would recommend that this petition be sent to the Common Council with an unfavorable recommendation. 17. The petiti®n of Taste of I~1lexico. Devised petiti®n. The Staff recommends that the Special Exception Use 6e sent to the Common Council with a favorable recommendation. The Staffs approval of the front yard variance is subject to additional landscaping along Western Avenue. The City and the Western Avenue Steering Committee have been working to green the corridor and enhance the pedestrian environment. A low hedge plant would add a green buffer along Western Avenue but be low enough to not block site distance for safety. Staff would note that the north/south alley to the east was vacated in 2005, adding an additional 7' to Lot 827. The variance for maneuvering aisle width is no longer needed. if the east/west alley to the south will be used as ingress and egress from the parking area, the City Engineer requires it be paved from Kaley Street to the eastern boundary of the property. 1~. 'The petition of Louis and Bonnie Smith and Walsh Construction Company. The Staff recommends that the Special Exception Use be sent to the County Council with a favorable recommendation subject to the standards of Article 8.02.OI.A.2.m. It appears this petition meets the size and setback requirements. The Staff is unaware if an indemnity agreement has been filed, a requirement prior to approval and construction of the borrow pit. 19. The petition of Stephen Dragovich. The Staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. It is the long-term goal of the Northeast Neighborhood Council to return the neighborhood to single family uses. The projected land use plan in the Northeast Neighborhood Development Area Plan (2003) identified this block of St. Peter Street as single family home ownership preservation. Granting a special exception allows a group residence permanent status. The other legal non-conforming "boarding houses" on this block will revert back to single family homes if the non-conforming use is inactive. The property is pending rezoning to MF 1. The rezoning will be heard at the September 15, 2009 Area Plan Commission meeting. Sincerely, Christa Nayder Planner