Loading...
HomeMy WebLinkAbout01-14-13 Council Agenda & Packet AGENDA AMENDED SOUTH BEND COMMON COUNCIL MEETING MONDAY, JANUARY 14, 2013 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 13-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING MARCH 23RD OF EACH YEAR AS SCHUYLER COLFAX DAY IN SOUTH BEND, INDIANA, IN RECOGNITION OF HIS PUBLIC SERVICE CAREER, HIS DETERMINED DEDICATION TO CIVIL RIGHTS AND THE PASSAGE OF THE 13TH AMENDMENT 13-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THOMAS "WILLIE" JONES, A MEMBER OF THE VIETNAM VETERANS OF AMERICA FOR HIS ACTS OF HEROISM 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 74-11 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 2, RESIDENTIAL DISTRICTS, TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS 64-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE 70-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (2) OF THE SOUTH BEND MUNICIPAL CODE OFFICIALLY CHANGING THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO THE COMMUNITY INVESTMENT COMMITTEE 8 . BILLS, THIRD READING TIME: BILL NO. 74-11 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 2, RESIDENTIAL DISTRICTS, TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS 64-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE 70-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (2) OF THE SOUTH BEND MUNICIPAL CODE OFFICIALLY CHANGING THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO THE COMMUNITY INVESTMENT COMMITTEE 9. RESOLUTIONS BILL NO. 12-86 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 3733 LOCUST ST. , SOUTH BEND, INDIANA 13-03 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3849 SHOWERLUX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF EXTENDING THEIR FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR, LLC 13-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 228 E BRONSON STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, INC. 13-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 707 S. SCOTT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND WOODWORKS, LLC 13-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3702 W SAMPLE STREET, SUITE 1125 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE INC. 10. BILLS, FIRST READING BILL NO. 01-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY OF SOUTH BEND' S ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY 02-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CALVERT STREET FROM WEBSTER STREET TO KEMBLE AVENUE. BEING 80 FOOT IN WIDTH AND 1248 . 5 FEET IN LENGTH 03-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160. 39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE 04-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN IRREGULARLY SHAPED PORTION OF RIGHT-OF-WAY OF INDIANA AVENUE LOCATED AT THE NORTHWEST INTERSECTION OF SAID INDIANA AVENUE WITH KEMBLE STREET 05-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET FROM MADISON STREET NORTH TO THE FIRST EAST/WEST ALLEY 06-13 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL 63-12A - REZONING - 1017 W. INDIANA, 1527 & 1531 KEMBLE, AND VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE ST. B. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. BILL 13-07 - SPECIAL EXCEPTION - 127 W. WASHINGTON 2. BILL 13-08 - SPECIAL EXCEPTION - 1107 MISHAWAKA AVE. 3. BILL 13-09 - SPECIAL EXCEPTION - 819 OAK ST. 4 . BILL 13-10 - SPECIAL EXCEPTION - 212, 214, 214 'I & 216 S. MICHIGAN ST. 5 . BILL 13-11 - SPECIAL EXCEPTION - 323, 325 & 327 ST. LOUIS ST. , 618 MADISON ST. AND 336 HILL STREET C. BILL 13-12 - CONFIRMING TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, L. P. - NEEDS TO BE SET FOR PUBLIC HEARING ON 1/28/13 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. i ''%%- -. City of South Bend - i c4� ,o` Common Council M 1865 . 441 County-City th Building . ffe Blvd - Sou Bend,Indiana 227 46601-1830 rson Fax (574)235 239321 5-9173 Derek D. Dieter http://www.southbenclin.gov President Oliver J. Davis CD v , 11/4) _ i 3 --3 ■ Vice-President Karen L. 'White Chairperson, Committee January 3,2013 of the Whole Members of the Common Council Tim Scott 4th Floor County-City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Re: Honoring Schuyler Colfax Second District g Y Valerie Schey Dear Council Members: Third District We are honored to sponsor the attached resolution. We believe it is high time to Fred Ferlic sing the praises for the work which Schuyler Colfax did for our country and our Fourth District community. We, as another generation of countless Americans continue to enjoy today the results of his many labors. David Varner Fifth District Schuyler Colfax, as Speaker of the House of Representatives, labored long and Oliver J. Davis hard for the passage of the 13th, 14th and 15th Amendments to the Constitution. Sixth District These three (3) Amendments focused on critical civil rights. The 13th Amendment Derek D. Dieter outlawed slavery; the 14th Amendment focuses on no one being deprived of life, At Large liberty and property without due process of law or deny anyone equal protection under the law; as well as overriding the provision which counted slaves as 3/5's of Gavin Ferlic a person and prohibited the United States from paying any of the Confederate war At Large debts or compensation for lost slaves; and the 15 Amendment protects the rights of citizens to be able to vote, regardless of their race, color or previous condition of Karen L. White servitude. At Large We are calling for volunteers to work in collaboration with the Common Council to begin creative, educational activities which would culminate annually in South Bend to celebrate Schuyler Colfax in March of each year. The movie Lincoln has brought a special focus on this statesman, orator, 17th Vice- President of the United States,who is buried in South Bend's oldest City Cemetery. We ask you to join us in honoring and recognizing Schuyler Colfax, and encourage our schools, our residents and businesses to join us each year in developing educational, fun, inter-active and historical endeavors. Cover Letter to the Schuyler Colfax Resolution Page 2 We call upon the South Bend Council for your unanimous support as we explore together the limitless opportunities to honor Schuyler Colfax for years to come. With your support,we can begin in March of this year. Thank you. Most sincerely, 24„....„ Oliver .D vis, 6th District Council Member —, . Kar L. White, Council Mem at Large Dr. �t d Vamer, 5�'DistncC �f t Counci e VM., Derek D. Dieter, Council Member at Large Attachment cc: Civil Rights Heritage Center at the Natatorium, 1040 West Washington Street, South Bend, Indiana 46601 Center for History, 808 West Washington Street, South Bend,Indiana 46601 Dr. Carole Schmidt, Superintendent, South Bend Community School Corporation, 215 South St. Joseph Street, South Bend, Indiana 46601 Diocese of Fort Wayne-South Bend Schools, 915 South Clinton, Ft Wayne, Indiana 46802 Filed in Clerk's Office TJANr3ZO13 ---1,IOKN" ;aor3. 9E ND,IN CITY CLERK,SOUTh itL. 1y1J�4 Nr 'fir# RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, DECLARING MARCH 23RD OF EACH YEAR AS SCHUYLER COLFAX DAY IN SOUTH BEND,INDIANA,IN RECOGNITION OF HIS PUBLIC SERVICE CAREER,_HIS DETERMINED DEDICATION TO CIVIL RIGHTS AND THE PASSAGE OF THE 13TH AMENDMENT fit the South Bend Common Council notes that on March 23, 1823, Schuyler Colfax was born in New York City, five (5) months after his father, Schuyler Colfax, Sr.& died of tuberculosis, and notes that his grandfather fought closely with George Washington in the American Revolution; and �%i�eexeaac Schuyler Colfax attended public schools until the age of ten (10), when he was forced to leave school and work as a retail clerk to help support his mother,his grandmother and himself; and Ofic in 1834, Schuyler Colfax's mother, Hannah Stryker Colfax and his step-father, George W. Matthews were married, and they moved to Indiana in 1836 where Schuyler Colfax began working in his step-father's store and at a village post office to help support his mother; and W it is reported that Schuyler Colfax would sit on barrels while working, and would read newspapers and borrowed all books possible to educate himself. At the age of 16 years he wrote articles and sent them to Horace Greeley, the editor of the New York Tribune, who published his writings about the Indiana legislature and Indiana politics. This resulted in a close friendship between them which lasted the rest of their lives; and in 1841, Schuyler and his mother and step-father moved to South Bend when his step- father was elected as the Whig candidate to be the St. Joseph County Auditor and hired young Schuyler as his deputy. At the age of 19, Schuyler was hired by.the Indiana Whigs to serve as editor of The South Bend Free Press, a paper he later purchased in 1845 and renamed it The Saint Joseph Valley Reporter which Harriet Beecher Stowe later called it a"morally pure paper"; and in 1848, Schuyler Colfax served as a delegate to the Whig Convention. In 1849, he led the opposition to a provision in the new Constitution for the State of Indiana which barred African- Americans from settling in the state or from purchasing property; and Offewars anti-slavery Whigs like Schuyler Colfax sought to build a new party which eventually merged as the Republican Party and he worked to have a "firm anti-slavery plank in their platform"when he arrived as a new Congressman in the House of Representatives in 1855; and Schuyler Colfax served as the Chairman of the Committee on Post Offices and Post Roads where he was known for battling southern representatives over the slavery issue and where it was reported that "Mr. Colfax took an active part in the debate, giving and receiving hard blows with all the skill of an old gladiator"; and went on to travel widely speaking at countless Republican and anti-slavery events which helped unify the party for the 1860 Presidential election; and aarec on January 1, 1863, Schuyler Colfax was present at the White House when President Abraham Lincoln signed the Emancipation Proclamation; and Offernat in December 1863, Schuyler Colfax, who had become a widower earlier that year and had no children, was elected Speaker of the House of Representatives, where he earned the titled as the "most popular Speaker since Henry Clay"; and plc as depicted in the movie Lincoln, Schuyler Colfax was Speaker of the House of Representatives when he broke precedent, and specifically requested that his vote in favor of the Thirteenth Amendment be recorded; which resulted in the Washington newspaper correspondence hosting a dinner to celebrate the passage of the Amendment and specifically honored Schuyler Colfax;and Ofi on April 14, 1865, Schuyler Colfax met at the White House with President Lincoln to discuss Reconstruction who invited Speaker Colfax to join him at Ford's Theater later that night, before the Speaker began a long tour of the mining regions of the western states and territories between the Rocky Mountains and the Pacific Ocean. Mr. Colfax declined only to be awakened later that night to spend the rest of the evening and early morning hours of April 15, 1865 at the President's bedside; and G'A declining to run for either the United States Senate of Governor of Indiana, Schuyler Colfax stated that presiding over the House as Speaker was "the more important office" than presiding over the Senate as vice-president; and Wirepeast in November of 1868, Ulysses S. Grant and Schuyler Colfax were elected, with Schuyler Colfax becoming the 1St Speaker of the House to ever be elected Vice-President. Days after the election, the 17th Vice-President elect married Ellen Wade, the niece of the Ohio Senator whom he had earlier defeated for the vice-presidential nomination. In April of 1870, Schuyler Colfax III was born who would become Mayor of the City of South Bend in 1898; and Offerau leaving public elected office in 1872, Schuyler Colfax began a career as a public lecturer on his wartime relationship with President Lincoln. On January 13, 1885, on his way to another speaking engagement in Iowa, Schuyler Colfax was at a train station in Mankato, Minnesota where the temperature was reported to be 30 degrees below zero, was stricken by a heart attack and died. ( it was written by Logan Esarey that: "...South Bend lost its most distinguished citizen, and the country not only a leading statesman and patriot, but a good and noble man as well. He was among the most eminent men of the west, whose life record forms an integral part of the history, and not alone of South Bend but of the state and nation, and who is therefore most worthy of special mention in a work of his character...." =Om Ava #ofe i9 ,, . Adiana, adi : Section I. The South Bend Common Council believes that the countless contributions made by Schuyler Colfax, some of which include his loyalty as a leader and unsung champion of the passage of the Thirteenth, Fourteenth and Fifteenth Amendments; as a leading orator; a dedicated public servant as Speaker of the House of Representatives and as the 17th Vice-President of the United States should be publicly honored and celebrated. Section II. The Common Council notes that Schuyler Colfax name appears on schools, streets and many buildings in South Bend and that his final resting place in the City Cemetery located on North Elm Street,just west of downtown South Bend, which is the oldest formal cemetery in the city. Section III. The Council further believes and agrees to spear-head,in collaboration with members and organizations throughout our community, an annual event dedicated to fostering greater attention and reflection upon some of the many Constitutional reforms which Schuyler Colfax dedicated his life to for so many years. Section IV. The South Bend Common Council hereby declares Saturday, March 23, 2013, as Schuyler Colfax Day in South Bend; and calls upon relatives of Schuyler Colfax, our teachers & educators, parents, residents and businesses to participate in creative programs aimed at honoring this special person who made our country a better place because of his tireless efforts. Section V his Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Tim Scott, 1St District Oliver J. Davis,6th District Henry Davis, Jr., 2nd District Derek D. Dieter,At Large Valerie Schey, 3rd District Gavin Ferlic, At Large Dr. Fred Ferlic, 4th District Karen L. White,At Large D . •avid Varner, 5' District Kathleen Cekanski-Farrand,Attorney altar John Voorde, City Clerk Pete Butti a Ma or In g� Y JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND;INDIANA 46601 (574)235-9571 S s Wednesday, October 17,2012 X--1 S VO. - k,` Ob . 1 t The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance Initiated by the Common Council of the City of South Bend, Indiana,amending Chapter 21 of the South Bend Municipal Code Article 2, Residential Districts,to allow the raising and care of chickens as an accessory use;and adding certain related definitions,as amended, City of South Bend-APO/2618-11. Dear Council Members: I hereby Certify that the above referenced ordinance of Honorable Council of the City of South Bend, Indiana was legally advertised on Thursday,October 04,2012 and that the Area Plan Commission at its public hearing on Tuesday, October 16,2012 took the following action: Upon a motion by John McNamara, being seconded by Donna Chamblee and carried, the proposed ordinance Initiated by the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code Article 2, Residential Districts, to allow the raising and care of chickens as an accessory use; and adding certain related definitions, as amended, is sent to the Common Council with a favorable recommendation. The policy decision as to whether or not to allow the keeping of chickens within the city limits rests with the elected officials. In the event that these officials determine that chickens should be allowed, it is the Commission's opinion that this ordinance provides reasonable protection to adjacent properties, by establishing appropriate development standards, a process for permitting, and consequences of violating the ordinance. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Filed In Clerk's mice Sincerely, w OCT 17 2012 w. Byo • dt31•N V2 Ii13E Attachment CITY CLERK,SOUTH BEND,IN SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND www.stjesepheountyindlana.corn/AreapIan Staff Report APC# 2618-11 Owner: Common Council Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: This is a text change, initiated by the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code Article 2,Residential Districts,to allow the raising and care of chickens as an accessory use;and adding certain related definitions. Zoning and land use history& trends: In November 2009, the idea of allowing the raising and care of chickens was introduced to the Common Council. For the past three years, the staff of the Area Plan Commission, representatives from Code Enforcement, other City departments, and the Purdue Cooperative Extension Service, met with representatives from the Urban Chicken Alliance to draft an ordinance in the best interest of the City and its residents. Additional information: Section I adds the terms "chicken coop or chicken pen" to the list of accessory buildings under 120 square feet which are exempted from the total number allowed. Section II first provides for the keeping of chickens. It establishes development standards such as the number and type of chickens allowed; details about the construction and location of either a "chicken coop" and "chicken pen"; and permitting requirements. Section III adds definitions of"chicken coop" and "chicken pen". Staff Comments: The staff would note that the proposed setback for the coops will limit the applicability of the ordinance to the larger city lots. Recommendation: Based on information available prior to the public hearing,the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The policy decision as to whether or not to allow the keeping of chickens within the city Iimits rests with the elected officials. In the event that these officials determine that chickens should be allowed, it is the Staffs opinion that this ordinance provides reasonable protection to adjacent properties, by establishing appropriate development standards, a process for permitting, and consequences of violating the ordinance. Common Council #2618-11 Page 1 of 1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2,RESIDENTIAL DISTRICTS,TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS STATEMENT OF PURPOSE AND INTENT 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 in May 2004. It has been brought to the attention of the Common Council that it consider allowing the raising of chickens on residential lots. Therefore, the following changes need to be made to the Zoning Ordinance to facilitate the keeping of chickens in residentially zoned properties. 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 2 Residential Districts, Section 21-02.11 General Regulations for Residential District is hereby amended as follows: (a) Accessory Uses, Buildings and Structures. (3) Additional Development Standards for Accessory Uses,Buildings or Structures in any Residential District. (A) Accessory Buildings: (iv)Maximum Number of Accessory Buildings—The total number of detached accessory buildings on a lot shall not exceed one (1)accessory building,provided however, a storage shed, chicken coop or chicken pen with a total floor area of one- hundred and twenty(120) square feet or less shall not count as an accessory building for the purposes of this paragraph; and, Section II. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential District, is hereby amended by adding a new subsection, as follows: (a) Accessory Uses, Buildings and Structures. (4) Additional Development Standards for Chickens, Chicken Coops, and Chicken Pens. The purpose of this section is to authorize and provide standards for the keeping of chickens and the establishment of chicken coops and chicken pens. It is intended to enable residents to responsibly keep a small number of chickens on a non-commercial basis while limiting the potential adverse impacts on the surrounding properties: (A) Chickens. i. The keeping of chickens shall be allowed only in the SF1 and SF2 Single Residential Districts and shall further be subject to the following regulations: ii. Number and Types of Chickens Allowed. a. The maximum number of chickens allowed is six(6)per Dwelling, Single Family. b. Only female chickens are allowed. Roosters are specifically prohibited. c. No chickens allowed in multi-family dwellings. (B) Enclosures. i. A chicken coop and chicken pen shall be provided. During daylight hours,chickens may be located in the chicken pen. ii. The chicken coop shall be enclosed with solid material on all sides and have a solid roof and door(s). The coop shall be at least eighteen(18)inches high, and provide at least one(1) square foot of floor area per chicken. Traditional building materials shall be used. Doors shall be constructed so that they can shut and lock. Vents, covered with wire, will be placed as necessary for adequate ventilation. The coop shall be impermeable to rodents, wild birds, and predators,including dogs and cats. iii. The chicken pen shall be constructed of traditional building materials and be predator-proof. The pen shall provide at least two (2) square feet of area per chicken. The fence shall rise no more than six (6)feet above the ground. The pen shall be covered with • wire, aviary netting, or solid roofing. (C) Permits -A building permit issued by the City is required for any accessory structure more than one-hundred and twenty(120)square" feet. No permit is required for a chicken coop or chicken pen that does not exceed one-hundred and twenty(120)square feet. (D) Non-Commercial Use Only- The keeping of chickens authorized under this section shall be limited non-commercial uses only. Commercial activities are prohibited. Chickens authorized under this section shall be kept as pets or for personal use only. Eggs and chicken manure shall not be sold. There shall be no butchering of chickens on the premises. (E) The chicken coop, chicken pens, and surrounding area shall be kept clean, dry, odor-free, and in a neat and sanitary condition at all times. All manure, uneaten feed, and other trash shall be removed daily, and disposed of in a sanitary manner. The property owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. (F) Location. i. Chicken coops shall be located at least fifteen (15) feet from any property line, and at least twenty(20)feet from the nearest residential dwelling. ii. Chicken coops and chicken pens shall be located behind the residential structure. iii. City residents who do not have adequate space on their property will not be allowed to own chickens. (G) Permit Required; Permit Revocation. i. A permit shall be required through the Animal Control Department. Compliance with the requirements of this Section shall create a presumption that the permitted use does not create a nuisance or threat to public health or safety. The permit shall, however, be revoked if the Code Enforcement Administrator determines that the permitted use does create a nuisance or detriment to public health or safety. ii. Violation of ordinance standards shall result in permit revocation, and possible enforcement under Article 10, Enforcement, including civil and criminal penalties. Misrepresentation by a permittee shall result in the voiding and revocation of an issued permit. In the case of the voiding and revocation of an issued permit,all chickens, chicken coops,chicken pens and associated equipment shall be removed from the property. (H) Additional requirements for the keeping of chickens shall be found in Chapter 5 Animals and Fowl. Section III. Chapter 21, Zoning,of the South Bend Municipal Code,Article 11, Definitions, is hereby amended by adding the following two,new definitions, as follows: Chicken Coop(s): A structure for the sheltering of chickens. Chicken Pen(s):An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed,predator-safe environment. 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 Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2012,at o'clock . m. City Clerk Approved and signed by me on the day of 2012 at o'clock . m. ' Mayor of the City of South Bend, Indiana Flled In C Oii i Office I READING 11_l`(_ZO(1 PUD I r_,,.�<<<�IG OCT 17 2012 3 rd RF:1„JNG NOT APB):OVED ` JOHN VOORDE REFERRED f iP- c -!. . MOURN,SOUTH BEND,IN PASSED .. =� �! City of South Bend t,� ``��'� Common Council 1865 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www southbendin.gov November 9, 2011 President Oliver J. Davis Members of the Common Council Vice-President 4th Floor County-City Building South Bend, Indiana 46601 Timothy A. Rouse Chairperson, Committee Re: Proposed Zoning Ordinance to Permit the Raising and Care of of the Whole ' Chickens as an Accessory Use in the City of South Bend Derek D. Dieter Dear Council Members: First District Henry Davis; jr. Earlier this year, the Council's Zoning and Annexation Committee authorized Second District the filing of a proposed text amendment to the current city zoning regulations codified in Chapter 21 of the South Bend Municipal Code. Thomas LaFountain Third District I am attaching a draft of a zoning text amendment which would: Ann Puzzello Add definitions for chicken coop or chicken pen and add them to the list •Fourth District of accessory buildings in residential districts David Varner Fifth District • Add Development Standards for chickens, chicken coops and chicken pens by limiting the total number of chickens allowed to four (4) per Oliver J. Davis dwelling and would only Sixth District permit female chickens Al "Buddy' Kirsits • Would set standards for all enclosures and require a building permit for all At Large such accessory structures which are associated with a limited agriculture permit in order to address health and safety concerns Timothy A. Rouse At Large A companion ordinance addressing specific health and public safety regulations will be filed at a later date so' that the public hearings on both of Karen L. White the proposed ordinance can be held on the same date. At Large I look forward to sharing more information with you. Sin«"'M,. , """ek a ` � .. .._..,..e...-...,...,ounci .1 He my Davis,Jr. Fiff u:-$ t �, x,74.: { : r ;-..Second District "r Attachment Attac t,:r i �; f�oaf � 2 �.�l i k CITY C6.. C t, 6"A 1\) Ordinance No. Bill No. (o M -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5,ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The ordinance would amend the Chapter 5 of the South Bend Municipal Code by the inclusion of public safety regulations related to urban chickens. Currently the Code bans chickens within the city limits of South Bend unless a resident owns a minimum of five(5) acres. This ordinance would be a companion ordinance to Substitute Bill No. 74-1 lwhich was was heard by the Area Plan Commission on October 16, 2012 and received a favorably advisory recommendation on proposed amendments to Chapter 21 of the South Bend Municipal Code addressing zoning regulations. "Urban Agriculture"activities have received growing attention in light of growing concerns about sustainability and improving the urban environment. Many ordinances have been studied on this topic so that reasonable policies could be developed in South Bend. Urban chickens are currently permitted Bloomington, Evansville and Indianapolis. Current regulations have been reviewed and examined so that there are consistent policies in place for the residents of the City of South Bend, Indiana. theirfre, he h'(irkthiec/%the (611/111-611 Vrittlie/y'//e iii/ �jj Wa/, Section I. Section 5-15 of Chapter 5, Article 3of the South Bend Municipal Code is amended to read as follows: Sec. 5-15 Acreage Requirements for Certain Domestic Animals and Fowl. (a) Any person desiring to raise any of the following-named domestic animals or fowl must have a minimum of five(5) acres in land: (1) Cow, ox, cattle, calves, or other livestock. (2) Donkey, ass,burro,mule. (3) Pig, swine,hog,pot-bellied pig. (4) Sheep. (5) Goat. • (6) Chislena,i Roosters, geese, turkeys, ducks, or other fowl. (7) Bees. (8) Bison. (9) Llamas. (10) Horses. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 2 The maximum number of such animals which may be maintained on such property shall be determined in light of current animal husbandry and veterinarian standards. (b) Any person desiring to raise rabbits as pets or racing or homing pigeons within the City limits must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created. (c) In no event shall the shelter and feeding area for any of the animals or fowl herein be closer than fifty(50) feet from the adjoining property line. (d) Bees must be kept in accordance with the following provisions: (1) If bee colonies are kept within fifty(50) feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier shall be erected that will prevent bees from flying through it. (2) Fresh, clean watering facilities for bees shall be provided on the said premises. (3) The bees and equipment shall be kept in accordance with the provisions of State statutes. Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located or kept within a zoological park, school or university building for the purpose of study or observation. Section II. Section 5-16 of Chapter 5, Article 3of the South Bend Municipal Code is amended to read as follows: Sec. 5-16 ResefveEl. Urban Chicken Regulations. (a) "Urban Chicken" means a chicken living in the city limits officially known as gallus domesticus, which is a domestic bird. It does not include other fowl, such as, but not limited to roosters, peacocks, turkeys or waterfowl. Urban chickens are governed by the zoning regulations set forth in Section 21-02.11 of this Code addressing Residential District zoning regulations. (b) "Chicken coop" also referred to as chicken pen means an enclosure or enclosed structure used for housing urban chickens which provides shelter from the elements which must meet the standards set forth in Section 21-02.11 of this Code. "Chicken flock"means more that one (1)urban chicken which: (1) Contains no more than six (6)hens and no roosters; and (2) Is issued a permit pursuant to Section 21-02.11 of this Code. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 3 (d) "Chicken pen"means an enclosure that must meet the standards set forth in Section 21-02.11 of this Code. (e) Any one desiring to raise urban chickens within the city limits must file an application for an Urban Chicken Permit with the Division of Animal Care and Control in the Department of Code Enforcement and pay an annual filing fee of twenty dollars ($20.00). At the end of each calendar quarter, the Division of Animal Care and Control shall provide to the Office of the City Clerk an electronic report summarizing: the residential street location, number of urban chickens at each such location, size of the chicken coop and size of the chicken pen for each location which has been issued such a permit. The Division of Animal Care and Control may deny or revoke a permit to any person who has failed or refused to comply with the permit requirements, who has made any fraudulent or false statement or material representation in the permit application or in connection with the keeping of urban chickens, who has violated a state or any provision of this Code in connection with the application or keeping of urban chickens or who has kept urban chickens or other animals in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. Upon denial or revocation of a permit, the Law Department shall provide notice to the permit applicant or holder and shall provide for a written appeal and hearing pursuant to the procedures in Section 4-16 of this Code. (f) Any one desiring to raise urban chickens within the city limits must comply with the animal care regulations set forth in this Chapter 5, and the requirements applicable to chickens incorporated into Chapter 21 of this Code. (g) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of Code Enforcement shall also comply with the duties set forth in Section 5-49(d) of this Code in carrying out the duties set forth in this Section which require the filing of a summary list of all warning notices and citations issued by the last Friday of each month with the Law Department the Chairperson of the Health and Public Safety Committee, the Chairperson of the Residential Neighborhoods Committee, the Office of the City Clerk, and the Animal Control Commission. Section III. Section 5-49(c)(2) of Chapter 5, Article 9 of the South Bend Municipal Code is amended to read as follows: (2) Any person who violates any of the following sections: §5-16 Urban Chicken Regulations, §5-20 Performing animal exhibitions, §5-28(c) Specific regulation—breeding, shall be subject to a fine of seventy-five dollars ($75.00) per violation, payable to the Ordinance Violations Bureau. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 4 Section IV. Severability: If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court having proper jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be effective January 1, 2013, and be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Council Member V South Bend Common Council Council Member South Bend Common Council ++ (EvY air:eb:; �i�it3a IJVitwj ( lf<. John Voorde, City Clerk • 0edew/a/ me/u IA �� �r<r /f1 e 9i/. Ottd, �P�ri/, � airii, r<ir dte day of , 2012,at o'clock . m. Deputy City Clerk �icn�a!<rira!,i�.ir�a! me ow//re day of ,2012, at o'clock . m. Peter Buttigieg Mayor of the City of South Bend, Indiana Filed in Miles- Office. READING _....,w_. .�..{ HEARING .rd READ G NOV 0 NOT /. ?ROVED f ..?C,. -PE'CD CITY CLEF. , rM`�+1i3 im PASSED o,a"..601-3 ,- W/,/ � Cit y of South Bend• c \ � * � Common Council 1865 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 k South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://wvvw.southbenclin.gov Derek D. Dieter President • Oliver J. Davis November 16,2012 Vice-President Karen L. White Members of the Common Council Chairperson, Committee 4t'Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott Re: Urban Chicken Public Safety Ordinance First District Henry Davis, jr. Dear Council Members: Second District The attached ordinance. sets forth public safety requirements addressing the Valerie Schey ownership of chickens in SF1 and SF2 Single Residential zoning districts in the Third District City of South Bend. Fred Ferlic Persons would be limited to a total of six (6) female chickens and would be Fourth District required to file an application seeking an Urban Chicken Permit through the David Varner Division of Animal Care and Control in the Department of Code Enforcement. Fifth District The annual filing fee of twenty dollars ($20.00) would be charged to help cover the costs of services provided by Code. The Department of Code Enforcement would Oliver J. Davis also be the enforcing agency of these public safety regulations. Sixth District Both this ordinance and Bill No. 74-11 addressing the proposed zoning regulations Derek D. Dieter are requested to be heard at the December 10th Common Council meeting. At Large Gavin Ferlic We look forward to discussing this ordinance with you. Thank you. At Large Sincerely, Karen L. White At Large Henry Davis, Jr. 2nd Distri ouncil Member � %� Tim cott 1 S`District Council Member Filed In Cl o „ . i t- Attachment `� ""°° _ i CITY CLERK, w �:t ii�,1lrf e)ak 1/4 1) • ° Ordinance No. Substitute Bill No. -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (2) OF THE SOUTH BEND MUNICIPAL CODE OFFICIALLY CHANGING THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO THE COMMUNITY INVESTMENT COMMITTEE STATEMENT OF PURPOSE AND INTENT On October 22, 2012, the South Bend Common Council passed Ordinance No. 10195-12 which officially changed the name of the City of South .Bend's Community and Economic Development Department to the "Community Investment Department". The following ordinance proposes to make a similar change to the name of Common Council's Community and Economic Development Committee to the "Community Investment Committee", which will continue to oversee the various activities and programs of this department. gil' ir, 6r it ac/ziiier//y. 6<.ni/<i/e //e c6./7 fia/, Lirc/%%i/a. (1414,/".2 Section I. Chapter 2, Article 1, Section 2-10 (i) (2) of the South Bend Municipal Code is amended to read as follows: (2) Community Investment Committee: Overseeing the various activities of the Community Investment Department and programs directed by this Department. the 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. 0_ a Member of the Common Council ,.'SOUTNB'' �,�..� �! x City of South Bend c> .\PEACE '% 21 =tee� ' ': a Common Council 1865 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President Karen L. White Chairperson, Committee November 27, 2012 of the Whole Members of the Common Council Tim Scott 4t''Floor County-City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Second District Re: Proposed Community Investment Committee Valerie Sch ey Dear Council Member: Third District The attached ordinance is filed as a "housekeeping measure" so that newly renamed Fred Ferlic Community Investment Department will be overseen by the proposed "Community Fourth District Investment Committee". You will recall that the City Administration recently filed David Varner an ordinance changing the department's name which was passed by the Council on Fifth District October 22, 2012. Oliver J. Davis As you are aware, the South Bend Common Council has eleven (11) standing Sixth District committees with each having specified areas of jurisdiction. The proposed ordinance would formally amend the South Bend Municipal Code so that the names are Derek D. Dieter consistent. At Large Gavin Ferlic I recommend that the proposed ordinance be sent to the Council Rules Committee At Large for review and recommendation and set for 2"d & 3`d readings and public hearing at the January 14, 2013 Common Council meeting. Thank you. Karen L. White At Large Sincerely, . Derek D. Dieter ::::s1dent ^ t- �.x .._ .... ., .., cc: Office of the City Clerk /40V 1 `` IZ C1 : v,.a i.a�k':;- 1 t;:r fiti E - ( t POKAGON BAND OF POTAWATOMI INDIANS The petition of the Pokagon Band of Potawatomi Indians seeking a Special Exception to allow a governmental office in a"SF1"District, on property located at 3733 Locust Road,Portage Township. Zoned"SF1". MR.JASON WESAW: I have the privilege to serve as the government manager of the Pokagon Band of Potawatomi Indians. This is Ed Williams and he is one of our senior leaders. Ed and I are both tribal citizens of the Pokagon band and today we are asking for a variance for a building that we own. We'd like to use it as a satellite office for our government services. MR.FEDDER: Pardon me sir, it's not a variance, we call it a Special Exception. 28 • • MR. WESAW: Okay. Thank you. I forgot to give you our address. Our building is located at 58620 Sink Road, Dowagiac,Michigan. So.the Special Exception use we're asking for is for government use. It would be a satellite office to our main campus which is in Dowagiac. We would estimate that our Indiana office in Mishawaka right now we have about 20 customers a month. We do have a high concentration of Pokagon citizens in the South Bend area, northern Indiana, about 500 so we think that our data would show that we would probably triple that. So we would like to see probably 60 to 90 citizens we would serve a month in our building. Some of the services we would provide are tutoring for our young students. Enrollment into our programs, our education programs, housing, financial empowerment and social services. All the parking is in the back. We have enough parking spaces for about 9 vehicles and we think that would be sufficient. There will be no improvements or construction to modify the exterior of the house. We take into great consideration to make sure that the exterior was preserved and also matches what you guys have in the district. MR. CRUMLISH: The structure is currently a residence? MR. WESAW: Yes sir. MR. URBANSKI: Is it occupied at the present time? MR. WESAW: No sir. We would have one full time employee. MR. PHIPPS: Are you putting in a new parking area? MR. WESAW: No sir. The parking and the driveway that are currently with the structure is probably going to be sufficient for our use at this time. MR. PHIPPS: The staff has some pictures of the parking behind the building but at least from the drawing that's where it is. You aren't planning on putting any parking in front of the building? MR. WESAW: No sir. I think it would be good flow and it would keep the vehicles off the road and a good location for it. MR. HAWLEY: Is anyone living on the property on a daily basis through the evening and the night time? MR. WESAW: No sir. The office hours would be 8-5 on Monday through Friday and we would be closed on holidays. MR. YOUNG: Do you have any type of proposed signage? MR. WESAW: We would like to put some signage up. Of course we would want to make sure that is in accordance with your regulations. MR. YOUNG: And the other structures behind the house,they're all going to stay? 29 MR. WESAW: All the out buildings, sir? Yes. The garage and the out buildings. MS.NAYDER: I just wanted to clarify the reason our comment about the parking was I don't think we determined how many parking spaces were back there, could fit back there on the site so we just wanted to make sure that all parking would be located in the back. MR. WESAW: Yes, ma'am. IN FAVOR There was no one to speak in favor of this petition. REMONSTRANCE MR. DAVID PINK: 3631 S. Locust Road. I am the next property north. I share the pond. At this time I just, this more of a, I don't know exactly how I'm going to say it, because of all that took place in acquiring this property,the neighborhood is extremely suspicious of everything that happens over there. When we look at stuff we find, WJC Holdings. We find Signature Associates. We find Pokagon Band. When we hear about a casino development,project manager was hired but they're not planning none, a casino. When did Locust Road become Locust Street,which is kind of important in South Bend because do have a street. You know one minute there is no casino,the next one there is. We were going to have nature trails, now we've got paved parking. Before we had no commercial, now we've got, we're talking casinos,we're talking doctor's offices, we're talking government buildings. Because the property's not all been integrated into one legal entity some of the descriptions are still a little suspicious. We know it's a swampy area, however,this property is listed it's not swampy. And I've lived here 35 years and it is a woody area. A lot building and services for three services a day, we're just asking questions,we're not in opposition, we're trying to understand. There's contaminated dirt on the west side of the Locust Road next to the bridge that's been there ever since they put the bridge in. We've had promises and nothing happens. It's in this vein I guess that we ask some questions. It's not that we're against what they're trying to do or what least they seem to be trying to do,but we are extremely concerned that the parking lot would be restricted in size. It should be behind the building for second reason and that is septic tank is in the front yard so it should stay in the back. My understanding is that they are asking for a building only Special Exemption. Not the property,nothing else. Again the reason we ask there is a tower in the back that's been there for some years and the neighborhood voted to accept it when it was owned by different people. We just don't want more of them. And we just like to be a little bit more informed, a little more honesty in some of the descriptions. I'm retired but I spent over 40 years in business and I've never in my life hired a project manager before I had a project. But at the last meeting I attended I was told we're not really planning on a casino but we've a project manager and the company's description is they only do one thing,they develop casinos. I'm having a hard time accepting this at face value. And that's basically my thing. Thank you. MR. MARK STEVENS: 3515 Locust Road, South Bend, Indiana. When I received a document from Jason Wesaw it defined the property as 3733 Locust Street. Also from the Area Board of Zoning Appeals letter I received in the mail also documented it as 3733 Locust Street. I guess,not just to split a hair, but if this is a 30 government facility the legal address should have been submitted correctly with the property. I don't know, that's the question I have because there is a Locust Street in Mishawaka in St. Joe County but not a 3733 block. MR. URBANSKI: Excuse me,just being in construction before and development. You're in the city, you have a four digit number, you're in the City of South Bend now. Normally it goes from road to street. An example years back,Dragoon Trail when it first, I can't tell you,the first quarter mile east of Ironwood on south side of the street was Dragoon Trail, street or something,then they changed to Ewing Street as it was on the north side of the street. So from my understanding just dealing with, and Chuck or somebody might correct me but when it's in the city it's usually street,when it's in the county it's road. County will always have a five digit address where a four digit address as city property that had been annexed into the city so... MR. FEDDER: Mr. Chairman,just for political correctness we go by the legal description and the legal description defines the area,defines the property. If somebody mistakenly calls it a street or an avenue it's surplus to us. In other words if we had the wrong legal description then I would have to say that we couldn't go forward. Whether this is called a street,a road, or an avenue it's not the control or the... MR. URBANSKI: Okay the legal description, and I'm not arguing, but normally it's the number,the parcel number,right? Goes by that more than the address? MR. FEDDER: Correct. MR. STEVENS: Okay. Well and that's been known to my street. All my mail comes to Locust Road, so can we expect cause we were re-zoned, I mean we, does the City change it to a street? MR. URBANSKJ. My guess it will stay the:same if they haven't changed it. MR. STEVENS: Alright. The other question I have, when I looked up on the MACOG GIS service that the city provides,this property is actually identified as being owned by WJC Holdings. Now this petition is by the Pokagon Band of Potawatomi Indians. Do they have legal ties.to WJC Holdings to be able to file under their behalf? MR. URBANSKI: When it was filed with us, Pokagon Band of Potawatomi Indians care of WJC Holdings, LLC. So I'll answer that question for you. MR. STEVENS: Okay,just wanted to make sure that all the T's were crossed and I's dotted before we approve something and have to come back and do something else. MR. URBANSKI: Thank you sir. MR. STEVENS: Thank you. MR.URBANSKI: Anyone else wishing to speak in opposition to? 31 MR. LARRY FISHER: I live at 59255 Locust Road. I'm directly opposite 20 across the street from the property they're talking about. My only questions are, what would the size of the parking area be? Are they going to be extensive like light poles and things like that? I believe they said it was open from 8 to 5 so probably that would mean,and those would be my questions. MR. URBANSKI: Okay sir and they will answer those questions. Anyone else? MS. ANNIE GILILGAN: 3434 S. Twyckenham Drive, South Bend, Indiana. I purchased the property which would be southeast of 3733. I think it's in the 3800 block back in 1989 or 1990. My initial intention was residential,however, at that time the property was it was conveyed to me that we were intending to preserve wetlands in the area. Now WJC Holdings, I believe, a company I, did have some correspondence with about four years ago and I understood then that they're intention,and they're out of Grand Rapids possibly, that their intention was to build directly east of, behind my property some sort of, I'm not sure what they had in mind, commercial building. Yesterday I kind of visited the man adjacent or next door to me the one that has the two ponds, I'm just directly north of him and my land is just vacant land, but he told me the intentions of the Potawatomi were to build retirement homes to the west of my property directly across the street on Locust Road. And I was under the assumption that was wetlands as well. He also told me that there was a maintenance man that was already in place at another residential home along Locust Road. These are kind of all the questions I have. And I have no objections to what they want to do but I would like some more clarification. MR. URBANSKI: Anyone else wishing to speak in opposition to? Seeing none the public portion is now closed. MR. FEDDER: Mr. Chairman would you at least acknowledge to the rest of the Board a letter that you got. MR. URBANSKI: Yes. We received a letter, for the record, from Dave Thomas,dated November 7th,to the Area Board of Zoning Appeals,please be advised that I strongly support the zoning request of the Pokagon Band of the Potawatomi Indians, who are the only federally recognized Native American Tribe in the State of Indiana. The proposal to relocate, build,and offer an Indian government affairs facility here in St.Joe County will be an asset to better serve the Indian people who live here in St.Joe County and so on... (COMPLETE LETTER IN FILE) MR. VELLEMAN: That's commissioner Dave Thomas? MR. HAWLEY: That's Dave Thomas the commissioner. MR. URBANSKI: That's Dave Thomas the commissioner,prior and future. REBUTTAL: 32 MR. WESAW: I definitely appreciate the comments from the first guy. You are always fearful of what you don't know. That's why when we actually obtained the property and we had decided what we wanted to do with the property and asking for this request that's why I mailed out letters to everyone to include all of our neighbors here because we want to be transparent, we want to be good neighbors. So the question about what are we doing with the property? It's just what I'm asking for. We have a lot of Hoosier residents that in this area and we don't want them to have to drive all the way to Dowagiac. We want them to be able to come get services in the state that they live in. And because we area a unique tribe,we're one of only two federally recognized tribes that actually cross the borders,we want to be able to provide that service. The other thing I'd like to address is the parking, like I said, we have no plans at all to modify the parking. We figure it's going to meet our needs right now, so there won't be any additional lighting or any reconfiguration of it right now at this time. MR. EDWARD WILLIAMS: I'm an attorney with the Pokagon Band,address is 58620 Sink Road,Dowagiac, Michigan. I just want to touch on or clarify some concerns regarding the ownership of the property. Initially when the band sought to purchase that property one of the things we did was to form an entity WJC Holdings, LLC to go out and acquire property on behalf of the band. It's not an uncommon practice for entities when they're acquiring parcels to do so using a separate entity, number one to isolate any concerns with liability. Number two also to address concerns it's not uncommon for when people find out that the Pokagon Band or if it's some private company for example is looking at property, it's not uncommon for the price to all of sudden go much higher than the actual market value of the property. So that's the reason why these individuals were contacted with an individual representing WJC Holdings. The WJC Holdings the band does own that entity. We are the sole owner of WJC Holdings so that's why we're here today in that capacity. MR. URBANSKI: Can I ask a question? The property overall went to this whole thing, okay? Because I'm in favor of what's going to happen, okay,but the land, once the whole triangle of land from the By-Pass to 23 to Locust,will that be,will the Band pay property tax on that land or how does that work? Somebody just asked me about that yesterday and I was just curious. MR. WILLIAMS: No. Once the land goes into trust there will not be property, it won't be subject to the taxation of the city or the county. So there won't be property tax payments for those parcels. MR. URBANSKI: Do you provide your own police and fire protection? I know you have police protection in New Buffalo but... MR. WILLIAMS: We do,yes, yes and feel free to jump in at any time,Jason,but we do have and actually we have some brochures I'll hand out in just a second kind of explaining the Pokagon Band but we do have a tribal Police Department that will provide police protection services. Exactly. Does everyone have a copy of that? SOMEONE HELD UP A COPY OF THE BROCHURE THAT MR. WILLIAMS WAS GOING TO PASS OUT AND ALL BOARD MEMBERS REPLIED YES MR. WILLIAMS: We also, our use our property up in Dowagiac as an example,that's in trust,we also contract with local fire department to provide fire protection services. And I anticipate once this land goes into trust that we would do the same thing here as well. 33 MR. URBANSKI: Okay, thank you,I was just curious. MR. FEDDER: Do you have a time frame of when that might happen? MR. WILLIAMS: We can't. A lot of it is out of our hands,we just started that process... MR. FEDDER: Till such time this is taxable property? MR. WILLIAMS: Absolutely,yes. MR. CRUMLISH: I have a question with regards to the tribal property that you have in Michigan,I believe you also have your own Building Department? MR. WILLIAMS: I'm sorry,we have our own what? MR. CRUMLISH: Building Department. MR. WESAW: We have a Housing and Facilities Department, sir. MR. CRUMLISH: I was under the impression that under your sovereign property you had a Building Department not under the jurisdiction of the local,county,... MR. URBANSKI: Like for inspections and so forth for buildings that you're building. MR. WESAW: We do have a Building Inspector. MR. CRUMLISH: Now I have a question for Mr.Bulot. This residential structure will then be subject to a change of use to a Class 1 Commercial property? MR. BUTLOT: Yes that is correct. And that was one of my next questions I wanted to find out what provisions you planned for altering the building to accommodate the handicap accessibility and also restroom facilities, probably on this size,I'm guessing you could probably get away with a unisex, a single unisex but it would have to be accessible because you are changing use. You are going from residential to commercial use. I was just wondering what your plans were. MR. WESAW: Well we're going to comply with whatever your city regulations and make sure that that's taken care of and we're fine with what you desire us to. MR. FEDDER: In other words what we're sort of saying to you is that if you're going to make any changes, anything like that,you might want to contact Mr.Bulot,as the Building Commissioner of St. Joe County,to ask him about those kinds of questions before you move forward. MR. WESAW: Yes, sir. MR. PHIPPS: Mr. Chairman just a comment to begin with,first of all, is that although it's certainly reasonable to expect that the tribe will be doing something with this land or at least making plan for the land that they've 34 purchased,the only thing we're asked to give our comments on, or recommendation on, is the use of one existing home as an office and that's the sole issue we're reviewing today. So I will make a recommendation that we send this to the City Council with a Favorable Recommendation. MR. HAWLEY: Second. A motion to send the petition to the City Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition,the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5;therefore,the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented,the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON.COUNCIL WITH A FAVORABLE RECOMMENDATION • 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 3733 Locust Street, South Bend,IN WHEREAS,Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE 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: 3733 Locust Street, South Bend,IN in order to permit: A Government Facility; Indiana Tribal Government Office for the Pokagon Band of Potawatomi Indian, a Federally recognized Native American Tribe with a service area in the State of Indiana. 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 fmds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values 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 Filed In Clerk's Office [ oi51 2012 I JOHN vor- D CITY CLERK,SOUTH BEND,IN .P ESEN1Tt} :. • POT APPROVE. rADoPTEo V ` NJ ° t3-0 RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3849 Showerlux Drive TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF EXTENDING THEIR FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR,LLC WHEREAS, the Common Council of the City of South Bend, Indiana,has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3849 Showerlux Drive, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21,both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # 10A as shown on the plat of"H.G. Baus Centre-Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71-03-21-300-001.000-009, as an Economic Revitalization Area; and WHEREAS,notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 4085-11 on February 28, 2011; and WHEREAS, the Petitioner will exceed the two year designation period granted in the Confirmatory resolution, which will expired on February 28, 2013; and WHEREAS,the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two(2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five(5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. -u-J 0+.XL Member of the Common Coun • tirst Red , Ice SOotmi .r•n r 1400S CouNTY-CITY BUILDING ,.\ j C 1 PHONE 574/235-9371 227 W.JEFFERSON BOULEVARD W�� rEace, = FAX 574/235-9021 SOUTH$END,INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT SCOTT FORD, DIRECTOR December 27, 2012 Council Member Henry Davis, Chairperson Community&Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: South Bend Gear, LLC Dear Council Member Davis: South Bend Gear, LLC was approved for a personal property tax abatement on February 28, 2011. They would like to receive a one year extension on the abatement. They have already exceeded their projected payroll amount of$641,000. The company has made investments in equipment in excess of$9,000,000. They intend to ivest a total of$15,600,000.The project is expected to create 14 new jobs. South Bend Gear, LLC meets the qualifications for a five year personal property tax abatement, and a representative of the company will be available to meet with the Committee on Monday, January 14, 2012. To accomplish this request, a tax abatement recipient must notify the Council in writing and submit a revised Statement of Benefits (Form SB-1). Attached you will find a letter from the company's representative, Andrea Scanavini, requesting the one year extension of the abatement. I have included a copy of the original SB-1 and Memorandum of Agreement along with their letter. 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 235-9278. Sincerely, Filed in_ 1e s Office Kathy Hahn Economic Development Specialist Attachments CITY CL RK, ?a 1, 1 ,IN c: South Bend Common Council Members COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C.MEYER DONALD E.INKS 574/235-9660 574/235-9371 FAx:574/235-9469 Mayor Pete Buttigieg Scott Ford Don Inks SB6SOUTH BEND GERR, LLC 3801 Schafer Gear Drive South Bend,IN 46628 Phone 574-968-0273 December 21, 2012 Don Inks, Economic Development Director City of South Bend Community&Economic Development 1200 County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601-1830 Re: South Bend Gear, LLC, Personal Property Tax Abatement Dear Mr. Inks: South Bend Gear, LLC ("SBG")received a five-year personal property tax abatement from the South Bend Common Council (see enclosed copy of Memorandum of Agreement dated February 21, 2011 and enclosed copy of Statement of Benefits form SB-1/PP dated January 28, 2011 and related attachments). The abatement was based on the estimate that SBG would expend $15,600,000 over a two-year period ended February 14, 2013 on manufacturing equipment and related expense items. In addition, it was estimated that SBG would create at least twelve new,permanent, full-time jobs with an annual payroll estimated at$550,000 by February 15, 2012, and would create at least fourteen new, permanent, full-time jobs with an annual payroll estimated at$641,000 by February 13, 2013. In the most recent form CF-1/PP filed on April 19, 2012 (see enclosed copy of CF-1/PP dated April 19, 2012), SBG reported actual equipment costs of$8,413,683 (compared to the total estimated commitment of$15,600,000) and actual annual payroll of$220,566 (compared to the total estimated commitment of$641,000). With only a minor exception of under$89,000 of equipment costs that were acquired in January and February of 2012,those actual amounts on the CF-1//PP represented the equipment costs and payroll as of December 31, 2011. SBG has continued to invest in equipment and payroll in 2012. As of November 30,2012, SBG has made total investments in equipment in excess of$9,000,000; as of the eleven months ended November 30, 2012, SBG has incurred payroll in excess of$650,000. As evidenced by the investments made in equipment and payroll,SBG remains committed to its business in South Bend. However,while the payroll requirement will be met,it is apparent that SBG will not meet both of the original requirements of an estimated$15,600,000 of equipment by February 14,2013 and$641,000 of payroll by February 13,2013. The difficulty in reaching the requirement is primarily due to three factors: 1)delays in bringing its initial manufacturing line into production;2)delays in bringing on the second line of manufacturing;and 3)a recent ownership transition. While the initial manufacturing line is now producing at acceptable levels and the ownership transition has been completed as of November 30,2012,it is anticipated that the second line of manufacturing will not begin until the third quarter of 2013. The original filing for the personal property tax abatement was predicated on this second manufacturing line. From SBG's perspective,the second line of manufacturing is not a question of"if'but"when". The deployment of the second manufacturing line continues to be critical to SBG's overall business plan. We understand through conversations with you that the appropriate course of action is to request an extension of time to enable SBG to meet its commitments. Accordingly,SBG hereby requests an extension of twelve months until February 14,2014 within which to meet its commitment to invest in the manufacturing equipment and new jobs,as specified in the Memorandum of Agreement dated February 21,2011. If the South Bend Common Council would like SBG to appear at a meeting in order for the extension to be granted,please advise of the preferred meeting date at your earliest convenience. While the day-to-day operations of SBG are managed locally,the ownership of SBG and its CEO reside in Italy,and we request adequate time to make any necessary travel plans. SBG firmly believes that the extension will provide the company the necessary additional time to meet its commitments to South Bend. SBG remains firmly committed to South Bend. Thank you for your consideration. Ve truly yours, rea Scanavini • CEO South Bend Gear,LLC cc: Mr.Stephen J.Luecke,Mayor City of South Bend °9'm /�RF/° o l� 4Y{ fa c i ? 4 STATEMENT OF BENEFITS • -K: „ L FORM SB-1/PP 1 PERSONAL PROPERTY I n Y R J▪ f Prescribed by the Department of Local Government Finance IV PRIVACY NOTICE , t 1'r The cost and any In�vidual s t w sale information is oonfidentiat;the 1�^7 balance of the filing Is public record 1:-,,a3,-... ? per IC 6-1.1-12.1-5.1(c)and(d). n r �� fUCTIONS: { 11. , statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires • ;,,;,>°"-' P P 9 9 u Y q ; x v ation from the applicant in making its decision about whether to designate an Economic Revitalization Area Otherwise this statement must be submitted ` it�: e designating body BEFORE a person installs the new manufacturing equipment and/or research end development equipment,and/or logistical distribution `•" t illipment and/or Information technology equipment for which the person wishes to claim a deduction. 'Projects"planned or committed to after July 1, 1987, ^ tir,,,ci,areas designated alter July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) i roval of the designating body(City Council Town Board,County Council,etc.) must be obtained prior to Installation of the new manufacturing equipment r, V, ,p } 4 or research and development equipment and/or logistical distribution equipment and/or information technology pproved equipment,BEFORE a deduction may `,' K,,,,,, r I btain a deduction,a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule(Form ,5 ' `s ;:;1-ERA)with the township assessor of the township where the property Is situated. The 103-ERA must be filed between March 1 and May 15 of the ,;; '), •zsssment year in which new manufacturing equipment and/or research end development equipment and/or logistical distribution equipment and/or ' 1,1 . ,l{matIon technology equipment Is Installed and fully functional,unless a filing extension has been obtained. A person who obtains a filing extension must r$1 the form between March 1 and the extended due date of that year. < • I.arty owners whose Statement of Benefits was approved after June 30, 1991,must submit Form CF-1/PP annually to show compliance with the f, :} ment of Benefits. (IC 6-1.1-12.1-5.6) tk schedules established under IC 6-1.1-12.1-4.5(d)and(e)apply to equipment installed after March 1,2001. For equipment installed prior to March Z `>< ▪ • 1,the schedules and statutes In effect at the time shall continue to apply. IC 6-1.1-12.1-4.5 and ,1 $. .TION 1 TAXPAYER INFORMATION � # tpf taxpayer £o' s g th Bend Gear, LLC t4,41, of taxpayer(number and street,city,stele,and ZIP code) ,?' r '� „t9 Showerlux Drive,South Bend,Indiana 46628 ,' if contact person .- Telephone number ,. ;t •i Blenke r , ■ (574)234-4116 t 1 , ' h10N 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT i k4 s:of designating body Resolution number(s) g tY, ` ', ,,t1'.•:4.ath Bend Common Council 1 )',. n of property County DLGF taxing district number ,4, $9 Showerlux Drive,South Bend,Indiana 46628 St.Joseph 71-009 r iption of manufacturing equipment and/or research and development equipment T.` ' a2 t x logistical distribution equipment and/or information technology equipm t. ESTIMATED ; x 1 jdditional sheets if necessary) , START DATE COMPLETION DATE , 4 i, , `*: Manufacturing Equipment I ze II V a r z°f' • z`.?' ,. le attached 2 sheets. 'AI i 4. 1 a '' R&D Equipment "; .1,$„..,74 C -.,.: Logist Dist Equipment P IT Equipment ,. '' - 1 'TION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT • jnumber Salaries • ' ti-4,; i, Number retained Salaries Number additional Salaries R r ' 0.00 0 0.00 12 `'' -1,,,,,� ' 550,000.00 a 1i* T1ON 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT l A , MANUFACTURING LOGIST DIST y,ll +1 E:Pursuant to IC 6-1.1-12.1-5.1(d)(2)the R&D EQUIPMENT EQUIPMENT EQUIPMENT IT EQUIPMENT i, -,,i< v )'of the property is confidential. COST ASSESSED r. ASSESSED COST ASSESSED 1..,.t.T., i it.a y '.; _ VALUE VALUE COST COST ASSESSED VALUE <4 i t nt values 0.00 0.00 VALUE t t t *~estimated values of proposed project 15.600.000.00 6.240.000.00 — r t ` E values of any property being replaced o.o0 0.0o 0timated values upon completion of project is.soo.000.0o 6.240,000.00 1 -TION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER i. F sated solid waste converted(pounds) Estimated hazardous waste converted(pounds) 1 ;Jbenefits. I.:::.• g tai employees to be hired is estimated to be 26 by the completion date. `t° ,`:.TION 6 TAXPAYER CERTIFICATION �� airr:4 hereby certify that the representations In this statement are true. -' ;,',:,'''1";...' ire of authorized representative Title Date signed(month,day,year) Manager 1 0112812011 t l O S oa,.4,f4L 7M.yi r,aa-21CR4,-4. ,1 cL'F/AT�'n,t-1,c...,...,yy„, Cm--f r1•e:Q.•;.-f 1 a 1 tnz i We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards i t4 i adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5,provides for the following limitations as 1 t 1 authorized under IC 6-1.1-12.1-2. r � 1 R # ' A.The designated area has been limited to a period of time not to exceed calendar years* d is y (see below). The date this designation expires *, i 1 z ? B.The type of deduction that is allowed in the designated area Is limited to: t .z 1. Installation of new manufacturing equipment; ❑Yes N o ' ['Yes ElNo x 2. Installation of new research and development equipment; 3. Installation of new logistical distribution equipment. ❑Yes ❑N o 4. Installation of new information technology equipment; ❑Yes ON o yr 14. j C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of f t D. The amount of deduction applicable to new research and development equipment Is limited to $ F with an assessed value of$ cost t t 4 E.The amount of deduction applicable to new logistical distribution equipment Is limited to$ i $ cost with an assessed value of t r ? !. F The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of $ d l , G. Other limitations or conditions(specify) f 1 H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or i gy q p @ _ g new information technology a uj ment installed and first claimed eligible for deduction on or after July 1,2000,is allowed for: ' 1 01 year 06 years ••For ERA's established prior to July 1,2000,only a s ❑2 years 07 years 5 or 10 year schedule may be deducted. e , i 03 years 08 years 1 ❑4 years ❑9 years g. i ` ' ❑5 years* " ❑10 years ,,.. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have fir, , ; determined that the totality of benefits is sufficient to justify the deduction described above. pproved:(signature and title of authorized member) Telephone number j Date signed(month,day,year) , ttested by Designated body t' F i � ' t 'If the designating body limits the time period during which an area Is an economic revitaNzaOon area,it does not limit the length of time a taxpayer(s 'i entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 x V 3 r. . ,j ; I l V ti f 1 i .11/INVESTMENTS > , 2011 2012 2013 Total "•.$ . • 711/2011 811 Install Investment Comments 1 , 4,.• Equipment ,. tc Lathe,Soft Turning $489,866 $540,000 $1,029,866 2 soft tum lathes 'v tc Lathe,Soft Turning 489,866 540,000 1,029,866 2 soft turn lathes ,. - —. , ,g-r Hobbing Machine 792,795 850,000 1,642,795 2 soft turn hobbers .-,,..•.-, '.; itensill Deburring Machine 200,000 220000 420000 2 soft turn deburr •-- '-' •, :ira Machining Cemter . 425000 0 425000 1 soft turn drilling centers AI Broach it 110000 0 110,000 1 soft turn broaches !,:!1?:.•7.-'' 1--athe,Hard Turning 527,000 580,000 • 1,107,000 2 hard turn lathes U" ' 580,000 1107,000 2 hard turn lathes l' ' .1;.-..•,- ., - , ,,.•,:, ,t, . • i Lathe,After Bushing is Press Fit 527,000 0 • 527,000 1 ass'y lathes r ' tli„ •,: .4•.!,,er Gear Grinder 1,567,384 1,600,000 3,167,384 2 gear grinders 1 &Automation 1,324,894 1,200,000 2,524,894 automation for 2 lines • 1 ts Controls&Gages 140,000 0 140,000 gaging for 2 lines f I 'f4 it ig Machine 400,000 200000 600000 3 washing machines I hecker 255470 0 255,470 1 gear checker k 145,000 0 145,000 In I CMM machines 40,000 40,000 80,000 III 4 markin. machines 1: r• , 11 I i bl $7,961,275 I $6,350,000 I $0 $14,311,275 ; .. t 1 i, • , Iliounded $8,000,000 $6,500,000 $0 $14,500,000 ' I 1 , I 4,, 1 i Mill I It ,. t , . . , [ !1 4. ! : I /1. I I ' [U . ' 1 . f i li• i-.„ t f 1 i 1 i g - ' I g 1., ) I ..: I , k: • h I i it i 1 t I f • - 1 ' 1 I I 0 i — • i 1 i 1 .. i ■ ! 1 7, f , • 11 . , , a 1 • • 11 JV machinery investment t • ?µ{q �e ' { r 1 , )j. 1 0 0 0 4 d d d d 0 0 d 0 d d 0 0 0 0 0 0 0 0 0 zz z zzzd ddddzzzzz I 1 _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 o 0 0 1 y 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O '.:3 r" § 0 0 0 0 0 O O O O O O O O 0 0 C! O O o 0 0 0.00.0.0.0.0 0 0 0 1 t! CIO CI0 O O O N CV M o o to O tm 1p o O to t(� g t ui t a t ' a m pj n e-N W e- e- e- M e- W e- e- t0 N .- W e- •d• N e- N N el'I M'C a Ir f r 1 �,0 c y 3 C _ A d N To- co S co + HHil v ° cOi -= 4:C O c v c a to Ln ti m LL Q OI'E o c � o � o t� ro 0 f0 .— c m \} ,,ww a. 0 VO :7 '60 lti C 0 L C y N 'C (i C y i (4 A C C N' 6- N 0 , O' ..' eau .- .LO O ,c O q c d 7 r) O.. y o to rn d o E :: n $ 0 U p y xU o E y o as p W � ga (7 cC7 Ec � � tOrn= oy v) c� �_ vv � � 3 � tisLn }S '°. _� �- c0 C O C V y - y c. 0-'' E O 0 "0 'G co N - c -0 0 , Y E ` € - O. t0 O N .- L !- d 7 L N 3 O N co C C U .0 m (] Q J al i N � a (q2 Ux dcna � o inUn U: u_ 1.-: I:: o m Y r. x ' i Q. iC Ff0- ro d0 0d d0000CI 000Z0000o0 k H rW 1 - .co ro 0 0 0 0 0 0 0 0 0 0 c « 0 0 0 0 000000 0 0 a, II o 00 o0 00000 0 01 { ` ti Od co �O O. N ^ co O c I I 0 z to O a W S co• co f I w In iI • z o � RI co F t j – D� o i aP O C V y J 1-. d N O y d N O ! O . O , 0 e a+° � d O > .c S y m vE o k c yu ° iN t) v U ` W o c m a c N E.... o rn CO rn rn E i d 2 iii Uit▪ C Y O N C ti Y E 0 c c a c 0 tc6 L aO+ y v 5 CO , m p y 0 CO L N O d N N CO O – atom m 7 C to u U. ax ° 2Et0) 2 � cn0 (JMUamW2 (,) F0- = z° h 3 fr • y ii.-[;''::'..:.::.''' f • MEMORANDUM OF AGREEMENT C AV, '‘--: 11 This Memorandum of Agreement (Agreement) dated as of the al day ofFEBfa J?y, 2011, serves as confirmation of a commitment by South Bend Gear, LLC (the "Applicant"), pending a February '28, 2011, public hearing, to comply with the project description, job creation and ''..;;• L';'� 1' retention (and associated wage rates and salaries) figures contained in its petition, Statement of K Benefits, and attachments and this Agreement (Commitments). 1. Commitments of City and Applicant. Subject to the adoption of a Declaratory r ' li i Resolution and a Confirmatory Resolution by the South Bend Common Council (the "SBCC"), ' } ..11.'-'4,;,:-. 1 the City of South Bend, Indiana (the "City")commits to provide a (5) five-year personal property i 4 .1 tax abatement for the Applicant, based on the Applicant's commitment set forth in its ¢ 1 Application addressing 3849 Showcrlux Drive, South Bend, IN 46628 (Key No. 71-03-21-300- 001.000-009). The Applicant commits to a capital expenditure of no less than $15,600,000 over 1 a two year period associated with the acquisition and installation of several pieces of turning, 1p gear cutting and gear finishing equipment as well as robots and automation equipment (the f' "Project") which will create at least twelve (12) new, permanent full-time lobs with an annual i'j payroll estimated at $550,000 by Februar 15, 2012, and fourteen (14) additional new, ri I permanent full-time jobs with an annual payroll estimated at $641,000 by February 13, 2013; 1' f% ' ii:f. I t 2. Potential Impact of State of Indiana Circuit Breaker Law: The parties note that ,�t • 1 the calculations regarding the affect of the tax abatement in question arc based on the State of M i 'f Indiana's tax rates currently in effect at the time of entering into this Memorandum of sAgreement. The complete impact of the State of Indiana's Circuit Breaker law on the City's �r F " f property tax revenues is unknown at this time. To assure that the City receives the projected , el ' amount of property tax revenues, which amount was calculated at the time of granting the tax x abatement for the Applicant, the parties to this Memorandum of Agreement agree to adjust the y - Ilength of the abatement and/or the percentage of deduction if the tax revenues due under the r ..i'' )Circuit Breaker Law are less than what was initially projected and represented to the Common k ` Council, as evidenced by the supporting documentation submitted to the Council with the ,; , $ 1' Applicant's tax abatement petition. llowever, in no case will the adjustments cause the property taxes to be paid to exceed the tax payments as initially projected I Y i pro J tc d and represented to the Common Council by the aforementioned supporting documentation. �� ` 4 Z } r t_ rca-. ro , '-'17-.:i. t. t F : V Memorandum of Agreement ) Page 2 of 6 4j] 3. Applicant's Compliance with City and State Laws. During the term of the ' abatement, the Applicant shall comply with Chapter 2, Article 6 of the South Bend Municipal 0 . Code entitled "Tax Abatement Procedures" and all governing provisions of the Indiana Code. ;' During the term of this abatement, the City may annually request information from the Applicant y ` ' concerning the nature of the Project, the approved capital expenditure of the Project, the number ' > ' of full-time permanent positions newly created by the Project, and the'average wage rates and `` '4 salaries (excluding benefits & overtime) associated with the positions, and the Applicant shall { provide the City with adequate written evidence thereof within 15 days of such request (the ! •4 w "Annual Survey"). The City shall utilize this information and the information required to be k ,:i z , filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that 0::::',•:::.;!. 4 t y i-,: '•' the Applicant has complied with the commitments contained in the Commitments at all times • r! ,, !..J'1.:,,', ' after the Commitment Date and during the duration of the abatement. The Applicant further ' agrees to provide the City with such additional information requested by the City related to the i I information provided in the Annual Survey and the CF-1 form within a reasonable time following any such additional request. ' I 4, Substantial Compliance and Rights of Termination. The City, by and through the g Y, Y g r ' SBCC, reserves the right to terminate the Economic Revitalization Area designation and ft.::,,: ::. 1 associated property tax abatement deductions if it determines that the Applicant has not made a reasonable efforts to substantially comply with all the Commitments, and the Applicant's failure , f¢ to substantially comply with the Commitments was not due to factors beyond its reasonable rf ;$ f;k! , , ') control. As used in this Agreement, "substantial compliance" shall mean the Applicant's s 4 :' compliance with the following: (a) makin: ca ital ex tcnditures of not less that Fifteen million V-'?' Six Hundred Thousand Dollars ($15,600,000) over a two year peri9d for several pieces of • , 9 ' turning, gear cutting and gear finishing equipment as well as robots and automation equipment; and (b) the creation of not less than twelve (12) new, permanent full-time jobs by February 15, ' 2012, with an annual payroll estimated at $550,000 and fourteen (14) additional new,permanent ,fi ;. full-tithe jobs with an annual payroll estimated at $641,000 by February 13,2013. ,t 5. Factors Beyond Control. As used in this' Agreement, factors beyond the control 'of the Applicant shall only include factors not reasonably foreseeable at the time of designation N application and submission of Statement of Benefits which arc not caused by any act or omission I f 3 i r i r]+r 6 '!. N 4 'raw y }r 1 t 3.,r.._. fJ 'till 1 J Memorandum of Agreement . Page 3 of 6 r' ;.: 1 of the Applicant and which materially and adversely affect the ability of the Applicant to N . ' t substantially comply with this Agreement. i ,1 t 1 6. Repayment of Tax Abatement Savings. if at any time during the term of this !>• " 4 Agreement the Applicant shall: (i) be delinquent or in default with respect to any tax payment in :� ,a l St. Joseph County, Indiana; or (ii) cease operations at the facilit for which the tax abatement � {_. � p Y C�) p facility � I was granted; or (iii) announce the cessation of operations at such facility, then the City may r s,,,,. :,,,, , immediately terminate the Economic Revitalization Arca designation and associated tax I abatement deductions, and upon such termination, require Applicant to repay all of the tax x. '' abatement savings received through the date of such termination. 7, Notice/Hearing of Termination. in the event that the City determines that the l Economic Revitalization Area designation and associated tax abatement deductions should be ` f .. 1 t s ° terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's . s designated representatives to show cause why the abatement should not be terminated and/or the ei tax savings repaid. Such notice shall state the names of the person with whom the Applicant , may meet and will provide that the Applicant shall have thirty days from the date of such notice , to arrange such meeting and to provide its evidence concerning why the abatement termination . r ' and/or tax savings repayment should not occur. If, after giving such notice and receiving such j , x evidence, if any, the City determines that the abatement termination and/or the tax repayment r ; . ).'1.::', ii. action is proper, the Applicant shall be provided with written notice and a hearing before the , SBCC before any final action shall be taken terminating the abatement and/or requiring t 4 '' O. i repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. • , Joseph County Superior or Circuit Court. , • 8. Repayment. in the event the City requires repayment of the tax abatement ,, , . savings as provided hereunder, it shall provide Applicant with a written statement calculating the .4.f amount due (Statement), and Applicant shall make such repayment to the City within 30 days of ' . the date of the Statement. If the Applicant does not make timely repayment, the City shall be ' ` entitled to all reasonable costs and attorneys' fees incurred in the enforcement and collection of the tax abatement savings required to be repaid hereunder. { Y -4.r» F �i. r Memorandum of Agreement + h s a Page 4 of 6 r' s r. v f }` 9. Modification/Entire Agreement. This Agreement and the schedules attached =` hereto contain the entire understanding between the City and the Applicant with respect to the +, ~i';. r ,, 1 subject matter hereof, and supersede all prior and contemporaneous agreements and , .Y understandings, inducements, and conditions, expressed or implied, oral or written, except as x ' to herein contained. This Agreement may not be modified or amended other than by an agreement € ` 'r $ in writing signed by the City and the Applicant. The Applicant understands that any and all n #' filings required to be made or actions required to be taken to initiate or maintain the abatement it •: are solely the responsibility of the Applicant. ' `� , 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any gip; , `x 2' right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor j; ;;> -11 shall any single or partial exercise of any right, remedy, power or privilege preclude any other or ,k, k further exercise of the same or of any other right, remedy, power or privilege with respect to any r` 1 occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to ,:4' :' any other occurrence. No waiver shall be effective unless it is in writing and is signed by the <" ' party asserted to have granted such waiver. 11. Governing Laws of Indiana, This Agreement and all questions relating to its y validity, interpretation, performance, and enforcement shall be governed by the laws and i{ decisions of the courts of the State of Indiana. 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents i Sl i to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or 1, u litA;'' Superior Court in connection with any action or proceeding arising out of or relating to this 4= `,>. Z YY ii' `1 Agreement or any documents or instrument delivered with respect to any of the obligations s A f`Z hereunder, and any action related to this Agreement shall be brought in such County and in such -:-.4.:.--,.." r ; Court. 13. Notices. All notices,.requests, demands, and other communications required or ;, r,t ,"1.1 been received i permitted under this Agreement shall be in writing and shall be deemed to have bived { :/:<,:',;..'„ e: when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on •. r :` ,} ., t the third business day following the mailing, by registered or certified mail, postage prepaid, return receipt requested, thereof, addressed as set forth below: 1 i H ':'.3,.::;-:',•,' i e :A t ' Memorandum of Agreement ! ,,' :,,,. i,.. r Page5of6 If to Applicant: Mr. aenke c/o ScSthafer n Bl Gear Works, Inc. Ff 4701 Nimtz Parkway South Bend, IN 46628 If to the City: City of South Bend, Indiana 1200 County City Building South Bend, Indiana 46601 Attn: Robert Mathia, Office of } Community& Economic Development t,; iF 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and . inure to the benefit of the City and the Applicant and their successors and assigns, except that no '` party may assign or transfer its rights or obligations under this Agreement without the prior r written consent of the other party hereto, in which consent shall not be unreasonably withheld: • 15. Valid and Binding Agreement. This Agreement may be executed in any number 4 of counterparts, each of which shall be deemed to be an original as against any party whose ?" signature appears thereon, and all of which shall together constitute one and the same instrument. Y: k ' By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. ,, f 16. Severability. The provisions of this Agreement and of each section or other 3 {{tCF subdivision herein arc independent of and separable from each other, and no provision shall be j affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other 1 1 or others of them may be invalid or unenforceable in whole or in part unless this Agreement is I - }x rendered totally unenforceable thereby. 17. No Personal Liability. No official, director, officer, employee or agent of the City f r '. shall be charged personally by the Applicant, its employees or agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. - ) (Remainder of page intentionally blank.) 'I l'' ' ' s I t i'. c . :' ' [.'' ''' i 3t"'" E _y' , 7i t .Te . - r *4 1 , Memorandum of Agreement : ;.y ;a Page �NF L kg,",=,;',7.,, r ;ti =` 4 ' IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day r� i c grit ; C3 _oy RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 228 E Bronson Street TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Curtis Products, Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 228 E. Bronson Street, South Bend, Indiana, and which is more particularly described as follows: Lot B Monroe- Sample Replat and Lot E Monroe-Sample Replat and which has Tax Key Numbers 018-3025-0910; 018-3025-0912; 018-3021-0793; 018-3024- 090101; 018-3092-3513; 018-3025-09401; and 018-35104-03004 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sec SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. OO 0iQ .,( Member of the Common Council ti--- tt i Filed In C erk's C ifce -' EiENTit --- I iiiiircuitiribe Caw ARK,SOUTH ROEND,IN 1400S r /�i COUNTY-CITY Y BUI DING ny \� � PHONE 574/235-9371 227W.]EEFFRSON BOULEVARD W�� r %�g SOUTH BEND,INDIANA 46601-1830 ;�� ` " FAX 574/235-9021 • ,s 1865 CITY OF SOUTH BEND Pm BUTTIGIEG, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT SCOTT FORD, DIRECTOR January 7,2013 Council L -� ,r ncil Member Henry Davis, Chairperson Community&Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: SOUTH BEND WOODWORKS, LLC Dear Council Member Davis: Please be advised that the petitioner has withdrawn his request for a tax abatement. the acquisition and installation of equipment to be located at 707 S Scott Street. The project called for administrative fee negates most of the savings of the tax abatement. The The stated that the Should you or any of the other Council members have any questions con additional information,please feel free to call me at 235-9278. carping the report, or need Sincerely, qtitii:ii W(14- Kathy H Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks Flied Ili Cif ty t,. Ice A r5ZQ1 JOHN 99 an'CLERK,SOUTH B EN%IN COMMUNITY DEVELOPMENT PAMELA C.MEYER ECONOMIC DEVELOPMENT 574/235-9660 2. DONALD E.INKS FAX: 574/235-9469 574/235-9371 13.0 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 W Sample Street, Suite 1125 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Triangle Machine Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3702 W Sample Street, Suite 1125, South Bend, Indiana, and which is more particularly described as follows: Parcel of land, North West of North East Section 1637 2E containing 5.4021 2E acres or less. and which has Tax Key Number 071-08-16-200-003.000-026 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council ",„1! n '1iA' :vy 1 Filed in Clerk's Office pEsENIEd ✓ y—.1� LOEC:4 DEC2012 NOT APPROVE/3 JOHN 1r ►ORDE AOOP i fo . CITY CLERK,SOUTH BEND,INI • 6,:u oLU ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY OF SOUTH BEND'S ADA TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY STATEMENT OF PURPOSE AND INTENT In 1990 Congress enacted the Americans with Disabilities Act (ADA) which, among other things, requires that municipalities throughout the United States adopt standards to improve access and remove barriers for disabled persons in their use of public facilities and governmental services. The City of South Bend, Indiana, has advanced these objectives through an aggressive sidewalk and curb cut replacement program in the downtown South Bend area where government service facilities are concentrated. It has replaced sidewalks in neighborhoods through a public/private improvement plan over a period of many years. Downtown and neighborhood sidewalk replacement has consistently been made in conformity with ADA Guidelines for Pedestrian Facilities in the Public Right of Way. These standards were formally adopted by the South Bend Common Council December 12, 2011 under Resolution #4131-11. Municipal public hearing rooms all offer accommodations for the hearing and sight impaired upon request, and notice of this is regularly posted. The City has designated an ADA Coordinator and adopted a procedure for grievances,affecting accessibility for the disabled. This was formally enacted by the Common Council December12, 2011 under Resolution#4130-11, although since 1998, the City was an active member of the St. Joseph County Disability Rights Commission which, among other things, received and resolved concerns of the disabled within this community. As part of its ADA compliance process, the City of South Bend has formulated a Transition Plan which is attached hereto and incorporated herein as Exhibit "A." It provides the City's future plan for addressing accessibility barriers to pedestrian facilities in the public right of way within the South Bend corporate-limits. This Transition Plan has been the subject of public hearing by the Board of Public Works at a meeting held January 8, 2012 as to which notice was properly published in the South Bend Tribune. The Transition Plan has also been posted on the City of South Bend's website at www.southbendin.gov/ada for at least the past 30 days prior to this date along with the form for public comment, and a copy has been made available at the downtown branch of the St. Joseph County Library and at the office of the South Bend City Clerk . NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Americans With Disabilities Act (ADA) Transition Plan for the City of South Bend, Indiana, which is attached hereto and incorporated herein as Exhibit "A" is hereby adopted and approved. 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, South Ben inmon Council Attest: City Clerkia� �� Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2011, at o'clock . m. City Clerk Approved and signed by me on the day of , 2011, at o'clock . m. Mayor Fled in Clerk's Office q r :G PO.:C iiEARING 1,17A-N 4T-e710,13 3 rd OT A ?ROVED 'y REFERRED CITY CL'al4M,SOUTH BEND,IN PASSED ., ' /Oi�pU I l /B��O 1400 CovNTr-Orr BUILDING �����\ j PHONE 574/235-9241 227 W JEFFERSON BOULEVARD W vi1,16�i FAx 574/235-7670 SOUTH BEND,INDIANA 46601-1830 F * $,' 1865 .. CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW ALADEAN M. DEROSE C7TYATroRNEY,AD INTERIM December 31,2012 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Approving ADA Transition Plan Dear President Dieter: Attached is an Ordinance which was presented on December 18, 2012 to the City Clerk for actual filing and publication. The Ordinance provides for Common Council approval of the City's Transition Plan under the Americans with Disabilities Act (ADA) for Pedestrian Facilities in the Public Right of Way. This Transition Plan describes how the City of South Bend intends to remove barriers for disabled persons who enter or are within the public right of way. The City is also in the process of taking an inventory of the City's buildings open to the public for City services, and will be preparing an Addendum or a separate Transition Plan for that within the next year. In developing the attached Transition Plan, Legal Department and Engineering Staff have worked closely with the Michiana Area Council of Governments (MACOG), and we are grateful for their technical assistance. For the information of Council, the ADA Transition Plan has been available for public comment on the City's website since December 18, 2012. The direct address for access is: southbendin.gov/ada. Public hearing on the Transition Plan before the Board of Public Works is now set for January 8, 2013. I will present this Ordinance to Council at its appropriate Committee meeting and at the regular Council meeting, and we hope the Council will adopt it. Thank you. Sincerely, diffr / Aladean M. DeRose City Attorney,A.I. AMD/cw, / L e• �fcVk EFK- eeKA�Kr.6'- CHERYL A. GREENE ANN-CAROL NASH ANDREA L.BEACHKOFSKY LAWRENCE J.METEIVER JEFFREY L.SANFORD " s. ' *t"` �> k { fir } -• jib City = f IIIr� 1' T :a 1 i 3 t 35.E ., .;, Eji -ou Bend — , -- C �. - ,�,�.J�;wsr s ���,'��,.�" z;� � r^ ,� '"'�s�'. _¢ 3#� s" Yt A..�rr'�i'�- �7t�n�s„"° ,�%xr`*'z..• tm.. v.,..,,,;,,teNe....,.:-.::...:. ,,,....-.,,.;.,..:;,....„-,.;_;.,1 v. v'�3:r' ' `���...i1 y ' ` xs�xy .�^"� " s x,.e a y3-'trt d' , As e. 4„ r' '-i. -r k fir. z�` 5 fsa a s x ms s[ .# ' .,r""�" `L:r � '' u 4 "' :�- q .."‘:,_-6,4'''a t arr .,�.' a f �r :.--'`n � - a`'..` .fir.=&�, - tP x n ,3 `A' � ' ''.L ,y'd .-"�-;1-z r.;cfa,;,,fi.. -r,a` 7 z�s. Y�E'w ,>s r :.+ #Y '. fix. `',ik 5 --mot 7-5,71.',-, 71,:'.f r 'x # .,t 'r, 'P` ar , x ' Y'` `.,. ;; f ,-.' �`� +'.„,..,..mi 4... 1 11,�-i„�, ?;c,ft r"`> � �X�� � t`� #fi � ` x""�"., zP 0 0 .-,: is may, M ,. k - iii 1 1 i 1 _ t ii y � - (or? 11' 7 . ' -1'2 t 1 1 t .. ° 1 Ii ,I1 1f! .;1 _ .„.. . .. . .•, . 2013, :--, ' '- - L ::::—=''' 11.1_il,,,,,i,-:_:.,..-.„,,,_:,_„.... _. ..-.„..,._..,. „..-_.,.-..-...-_:.,_,_ -_‘.:..-,..-__-_,-;:. ...,,: -..:‘,..„:„:„...,-,-,-.„.:.--,;_--,„i,,,,,,f ... .. .... .. . „ .. .. . . „ _ .... . ... .„„.. .. . . . ..... .. . . „....... ,....., ., , „....... ........ :.„ .,..., . , .• „.,._ .... ... .. .. . ........ , , ,......„ :i.:,...,:,..-4,:;....: „.-,.-..-;,...,-,.,;..-..,_,:-...,_,-.,..„;,,,_: -.,.:.:,,..,..„:.,:„...„-,,,.,„_..r„,.__..,...:„.....,..,..:..",,,,„:„.., ,. .,,,,,,,,.. , .... .. ...,...„.,,........,, ,,,, „....,..„..:,...„.....:„..,..,:.„4„.„.„_„_416_„.z.4„.„,..,,,..... op,.,, ...„,,,,,„.„..,..„,„:„.,......„, .....,,..,. , ,. . ,_ Table of Contents Introduction 1 Transition Plan History and Overview 1 Legal Requirements 1 Identified Obstacles to the Public Right-of-Way 2 Preliminary Evaluation 2 Detailed Evaluation 2 Methods to Removing Barriers Policies&Priorities 3 Barrier Removal Priorities 3 Location Priority 3 Accessibility Condition 3 Priority Rank 4 Public Complaint Process 4 New Construction&Alterations 5 Schedule 5 Responsible Individual 5 Public Input 5 Attachment A 6 Attachment B 10 Attachment C 12 Attachment D 14 20'13 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY INTRODUCTION The purpose of this plan is to ensure that the City creates reasonable, accessible paths of travel in the public right-of-way for everyone, including people with disabilities. The City has made a significant and long-term commitment to improving the accessibility of their pedestrian facilities. The Transition Plan identifies physical barriers and prioritizes improvements that should to be made throughout the City. This Transition Plan describes the existing policies and programs to enhance the overall pedestrian accessibility. TRANSITION PLAN HISTORY AND BACKGROUND For recent periods totaling more than fifteen years,the City of South Bend has had an active partnership with its citizens for the replacement and enhancement of City curbs and sidewalks in which South Bend has shared the cost with citizens for sidewalk repair and replacement. All repair and replacement has been done to ADA standards. South Bend is the St.Joseph County seat,and downtown South Bend,with its concentration of City and County government services buildings including the courthouses for St. Joseph County and the United States District Court,has undergone recent sidewalk widening,curb cuts, and ramp replacements,all conforming to ADA standards. South Bend has responded to particularized citizen need for ADA accessibility in street crossings throughout the City and will continue to do so as part of its Transition Plan. LEGAL REQUIREMENTS The federal legislation known as the American with Disabilities Act(ADA), enacted on July 26, 1990,provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, and access to public accommodations,transportation,and telecommunications Title II specifically applies to "public entities" (state and local governments) and the programs, services,and activities they deliver. Title II Article 8, requires public entities to take several steps designed to achieve compliance. The plan shall,at a minimum includes: 1. A list of the physical barriers in a public entity's facilities that limit the accessibility of its programs,activities,or services to individuals with disabilities. 2. A detailed outline of the methods to be utilized to remove these barriers and make the facilities accessible. 3. The schedule for taking the necessary steps to achieve compliance with Title II. 4. The name of the official responsible for the plan's implementation. City of South Bend j Introduction NM 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY Transition plans provide a method for a public entity to schedule and implement ADA required improvements to existing streets and sidewalks. Before a transition plan can be developed,an inventory of the current curb ramps and sidewalks must be developed. Identified Obstacles to the Public Right-of-Way The City has a two-tiered system to identify and assess obstacles in the public right of way: a Preliminary Evaluation and a Detailed Evaluation. The barriers used in the evaluations are based on the Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (ADA Guidelines) from the U.S. Architectural and Transportation Barriers Compliance Board. PRELIMINARY EVALUATION The first tier is a Preliminary Evaluation of the intersections. The purpose of this evaluation is to determine which intersections are obviously non-compliant to the ADA Guidelines and to get a comprehensive overview of the complete pedestrian network. The preliminary inventory evaluates three(3)criteria for curb ramps and three(3)criteria for sidewalks: Curb Ramps Sidewalks 1. Is there a curb ramp? 1. Is there a continuous clear space for pedestrian access? 2. Does the curb ramp have a color 2. Does the sidewalk appear to contrasting detectable warning? provide adequate passing zones? 3. Does the curb ramp have a clear 3. Does the sidewalk appear to be landing at the top of the ramp? smooth without grade breaks? The Preliminary Evaluation utilizes aerial and street-level photography to view each intersection. The criteria used can be seen on these aerials and are key design components to determine ADA compliance. If the curb ramps and sidewalks do not meet the criteria, then that intersection does not need further evaluation because it is obviously non- complaint with the ADA Guidelines. If it did meet the criteria,then that intersection would be "potentially compliant" and would need a Detailed Evaluation to determine if it fully complies with the ADA Guidelines. DETAILED EVALUATION The second tier is a Detailed Evaluation of the intersections identified as "potentially compliant" during the Preliminary Evaluation. This requires fieldwork at the intersection and measuring of specific physical attributes,such as width, running slope,and gaps in the curb ramp or sidewalk, to determine compliance to the identified ADA barriers. For a description of the identified barriers see Attachment A. When the data is gathered, it is City of South Bend I Legal Requirements 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY recorded into an intersection database1. The result from this evaluation is a detailed understanding of the ADA barriers at that intersection. METHODS TO REMOVING BARRIERS—POLICIES& PRIORITIES The City utilizes many different approaches in removing barriers in the public right-of-way, including proactively identifying and eliminating the barrier, responding to public complaints, and ensuring the appropriate design and build-out of new construction following the most recent design guidelines. BARRIER REMOVAL PRIORITIES The City of South Bend bases barrier removal priorities on two factors: location and the accessibility condition of the intersection. Location Priority According to the Accessible Rights-of-Way: A Design Guide, "the DOJ regulation imposes a specific construction requirement...specifies a priority for locating (curb ramps)at:State and local government offices and facilities;transportation;places of public accommodation; places of employment; and other locations." Following this guidance,the City identified its location priority as follows: 1. Intersections serving government facilities, 2. Intersections serving commercial and employment centers,and 3. Intersections serving other areas. Accessibility Condition Using the data from the Preliminary Evaluation and the Detailed Evaluation, an accessibility condition,or Access Grade, can be determined. Points are assigned to the identified ADA barriers and calculated for each intersection. This will give the intersection an overall Condition Score for accessibility. The Access Grade assesses the Condition Score out of the total possible points and assigns a letter grade. This letter grade is A through E, A being the most accessible and E being the least accessible. I The database is quite large and is constantly updated; it is not feasible for it to be included in the text of this ADA Transition Plan. The database may be made available for public review by advanced written request to the ADA Coordinator. City of South Bend I Methods to Removing Barriers-Policies&Priorities ME 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY Priority Rank In order to determine the overall priority of an intersection, or Priority Rank, the City uses the following matrix to match the location priority to the Access Grade. Location Priori 1 2 3 Access Locations serving Locations serving Locations serving Government Commercial& Grade Other Areas Facilities Em'to ent Centers D �. ;. z 2D 3D C 1C 2C- E, B ItE ..us„s b is iri g ;;.`r 'T a r igU Priority Rank Levels h zi *. Medium The City determines the priority of improvements by identifying which of the groupings are high,medium,or low priorities. A listing of priority intersections and a map,2 that shows which intersections are high, medium, and low priorities for barrier removal,are in Attachment B. Intersections with no existing sidewalks were not provided a priority ranking,since they are not currently a part of South Bend's pedestrian network. Should sidewalks be added to these areas, it would be a priority to ensure that they meet ADA accessibility standards. PUBLIC COMPLAINT PROCESS The public complaint process is an integral part of the Transition Plan. Public complaints or requests may often drive the prioritization of improvements. To file a complaint or a request regarding accessibility of a sidewalk or curb ramp,the ADA Grievance form should be completed. The form is attached to this Plan (Attachment D) and is available at the City of South Bend's website, southbendin.gov/ada, under Legal Department Services. Alternatively, a person with an ADA concern may contact the ADA Coordinator in writing and describe the issue in detail, including the location. An ADA grievance must be filed within 60 days of the date the violation occurred. The ADA Coordinator will route this information to the appropriate City department for inspection and possible action. That department will then respond to the ADA Coordinator with its findings,and the ADA Coordinator will record the formal response and reply to the complainant/requestor. South Bend's grievance process is designed to resolve all 2 The map is constantly updated and may be currently out-of-date from this plan. An updated map may be made available for public review by advanced written request to the ADA Coordinator. City of South Bend I Methods to Removing Barriers-Policies&Priorities 4 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY reasonable ADA complaints in an informal,mutually satisfactory manner. All complaints or requests will be kept on file and will include the response. Attachment C is a copy of the City's public Grievance Procedure for Pedestrian Facilities in the Public Right-of-Way. NEW CONSTRUCTION&ALTERATIONS In order to ensure the correct design of curb ramps, sidewalks, and crosswalks in new construction and alterations,the City has adopted the Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (see Attachment C for a copy of the resolution). Whenever there is,an intersection improvement project or new construction project, any affected curb ramps, sidewalks, and crosswalks will be rebuilt to these ADA design guidelines,where feasible and reasonable. SCHEDULE As opportunity allows, the City will make efforts to improve the ADA Accessibility of pedestrian facilities in the public right-of-way. As stated in the Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, "compliance is required to the extent practicable within the scope of the project." There will be times when is it technically infeasible to provide technical compliance: for example,if clear space at the top of the ramp is obstructed by a building or the slope of a hill is so extreme as to prevent a reasonable slope for a ramp in both directions. The inventory process may not account for such situations and could show a high-priority rating when all feasible actions have been taken. Additionally, given a program as broad and comprehensive as the City's pedestrian network, the City will follow the concept of Program Access under Title II of the ADA. Program Access does not necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities,as long as the program as a whole is accessible. Under this concept, the City may choose not to install a sidewalk at some locations (or to install them as a lower priority later),as long as a reasonable path of travel is available even without the sidewalk. RESPONSIBLE INDIVIDUAL The official responsible for the implementation of the City's ADA Transition Plan for the pedestrian facilities in the public right-of-way is: Aladean DeRose Email: aderose @southbendin.gov City Attorney,A.I. Phone:574-235-9241 227 W.Jefferson Bvld,Suite 1200 Fax:574-235-7670 South Bend,IN 46601 City of South Bend I Schedule 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY PUBLIC INPUT The City of South Bend provided opportunities for individuals to comment on this Transition Plan,which included: • Document copies available and notices sent to local public libraries • Document made available on South Bend's website,www.southbendin.gov/ada • Presentation at the Board of Public Works meeting on January 8,2013 The City published legal notices in the major newspaper, The South Bend Tribune, starting on December 28, 2012. The legal notices announced the availability of the Transition Plan draft at the local public library and at the City Clerk's office located at 227 West Jefferson Boulevard, Suite 400, South Bend, Indiana, both locations with easy public access. These notices also provided instructions regarding the timetable for comments and where to send them. Public comments were accepted for a period of no less than 30 days,ending January 28,2013. Public comment form is available on Attachment D. Formal adoption of the Transition Plan took place on January 28, 2013. It will be available on the web and by written formal request to the ADA Coordinator. City of South Bend I Public Input Ilia 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY ATTACHMENT A 1. ADA GUIDELINES USED IN DETAILED EVALUATION 2. EVALUATION FORM City of South Bend 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY ADA GUIDELINES USED IN DETAILED EVALUATION Curb Ramps In evaluating the accessibility of existing curb ramps,the following factors were considered: 1. Is there a curb ramp? 2. Is there a curb ramp where a sidewalk crosses a street? 3. What type of curb ramp? a. Perpendicular curb ramp b. Parallel curb ramp c. Blended transitions 4. Is the width of the curb ramp at least 4 feet wide(excluding flares)? 5. Are there detectable warnings properly installed where a curb ramp or blended transition connects to a street? 6. Is the running slope greater than 5% but less than 8.3% (blended transition 5% maximum)? 7. Is the cross slope less than 1%? 8. Is the landing a minimum of 4 feet x 4 feet? 9. Is the surface of the curb ramp or blended transition firm, stable, and slip resistant and clear of gratings,access covers,and other appurtenances? 10. Is the grade break at the top and bottom of the ramp flush and not located on the surface of the curb ramp,landing,or gutter areas? 11. Is the counter slope of the gutter or street at the foot of the curb ramp less than 5%? 12. Is the clear space beyond the curb face at least 4'x 4'? 13. If the curb ramp is perpendicular, is the slope of the flared sides less than 10% where a pedestrian path crosses the curb ramp or if the sides are returned,are they protected from cross travel? City of South Bend I Attachment A 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY Sidewalks In evaluating the accessibility of existing sidewalks,the following factors were considered: 1. Is there a sidewalk at each corner? 2. Is there at least 4 feet of continuous and unobstructed clear width of a sidewalk (excluding the curb width)? 3. If the continuous,width is less than 5 feet,are the passing spaces at least every 100 feet along the sidewalk that are 5 feet wide or greater? 4. Is the cross slope of the sidewalk less than 1%? 5. Where the sidewalk is adjacent to the street, does the grade of the sidewalk not exceed the general grade of the street? 6. Is the surface of the sidewalk firm,stable,and slip resistant? 7. Are any gaps in the surface less than 1/2 inch? 8. Is the sidewalk clear of grates or if there is a grate: a. are the openings no more than 1/z inch wide and b. do the elongated openings run perpendicular to the direction of travel? 9. Is the sidewalk clear of protruding objects? If there is a protruding object is: a. the leading edge of that object less than 17 inch and more than 80 inch above the ground,or b. the protrusion less than 4 inches into the travel path of the sidewalk,or c. a barrier is provided no more than 17 inches from the ground where the vertical clearance is less than 80 inches. Crosswalks In evaluating the accessibility of existing crosswalks,the following factors were considered: 1. Is there a crosswalk that connects two sidewalks across a street? 2. Is the width of the marked crosswalk at least 6 feet? 3. Does the cross slope of the crosswalk meet the following guidelines: a. If the crosswalk is crossing a street with a stop control,is the cross slope less than 1%? b. If the crosswalk is crossing a street without a stop control, is the cross slope less than 5%? 4. Is the running slope of the crosswalk less than 5%? 5. If the crosswalk crosses a median,is the length of the median at least 6 feet and does it contain detectable warnings located at curb line or edge of the roadway? 6. If the intersection signalized, does it have a pedestrian signal, if so, does the pedestrian signal phase allow enough time for a walking speed of 3.5 ft/sec? City of South Bend (Attachment A ME AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: 2013 PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY EVALUATION FORM LPA: EIW: Ins: Date: ID: Approach g h a b Crosswalk , Ps, I 11 -} South Bound A Approach Crosswalk Approach Crosswalk T .t= _ . I E \I North Bound I D . . Approach F . ' C f - Crosswalk rn, e • _ ■■■ Curb Ramps Type• Clear Warning Ord Brk /T4dth "AiTig Space Run% Cros Edge Surface s% Grater Si T3pe NM% OK? OK? 0K? A PE-P4. - -N cc cc " % N-F-R % V-N Y-N Y-N B - BI-N cc " % `.; e..10 N-F-R % Y-N 1*-1.4 y_N C - -BT % N-F-R -N Y-N Y-N D PE-PA-BT-N % % % N-F-R % V-N Y-N "1-N E PE.-PA-ET-N N-F-R % Y-N Y-N N-N F PE-PA-BI-N " % % !c; '17-N Y-N G PE- -BT-N c. " % N-F-F. % -N H - -BT-N c: • % N-F-R % V-N Y-N Y-N City of South Bend I Attachment.A111111 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY ATTACHMENT B 1. ADA PRIORITIES MAP City of South Bend f ii) M P ;o 5 C a <- lII;IUWI1 L •_ m 0 m ■SIN ■NMI eO !E 3=3• ■���,■�•■011 Mill IMIIIIrlligllngallMira4 N a C 3 a m i j......„,,impb444;-. 2-,q Z� -g E E.m.E S,n - ` En { N• t Yu� . '-3� -� i '.t r•-` i ":\ t it`d,,..,.. ,_ ,- /-..__— _ _ ry a m v 1,-‘;'-,___L I_ tt I !{ 1 .1 , L_ 1 i 1. ,-• a p• •Iq ��}� _ } i L I �C i� � c� 'm -3t ;, 7 i —1�` °., e._ k 4 rr f y? ! a y S2r2;ri-?;P,:-„.:,,rc,--�1��, t ! �� ,a i n� r t o a . a. i ° d� ec i t u i 1 r7 mfg E, 1 i 1 E-.h Y l A _ .a _ , Z� 47i,-- x . r } { I r ( 'f i ! -! -11rti c%1Lf. .i U {. 0 9 ''v ,F-1, ," .•'- i �' �. __ —- .-f.- / � 1 ..311 m i iy ' � -,,ti . i� '� 1 -' 1 r q h i I ` m }� i i -' ,t 1( r J � ii -�1,.K,7_11. i,"/ _ , i-„:"1-..--?. I ' •x�r _ " • i,t ?,- zz✓X '1'71 { 4 Vi ". m •.1 ` a ri 'er'T. m • •.L I t,Y � i 1 .,TM -g- , m lm° m m l'''' l e` l I !'-fi { L -, tr}4,- C . '. °m• m '. -°y7 ? •X 1 : — • i,fiJ ~r i _ .,t,.._, °•3 i r d * e•e{ i 4. . l m; smy , i m � - , 4( . 1. , ;-e.la - e ••o et(g�i .m m (\1 e -- ---•1 cx-- F J 1 �-V f--•,,,-•4t,-4(_-1 I -i1 1••Wel m•:�m u m c a�� m M 1 �r- �;�- t _"'• j a. .. r p °.ear• im:�j 1_=----., Yom. " �f �.,aQV m3s f` -1m aT" emi e�• gde I ' - ;1 • t:71,,,;9 •0 lam � '{mot, . . P a.; T m m i.. I o ■ � 0 ,, I-N- I . =" i _- ------- - --- - �\_ - - • t \I r .11!- I 11 11-I TI ! \i....,.,____:,,,,,, 3 `O 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY ATTACHMENT C 1. RESOLUTION ADOPTING ADA DESIGN GUIDELINES 2. RESOLUTION APPOINTING ADA COORDINATOR 3. ADA GRIEVANCE PROCEDURE 4. RESOLUTION ADOPTING THE AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY City of South Bend RESOLUTION NO. (it 3 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADOPTING AS STANDARDS FOR ACCESSIBLE DESIGN THE AMERICANS WITH DISABILITIES ACT(ADA)ACCESSIBILITY GUIDELINES AND THE GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT- OF-WAY UPON DEPARTMENT OF JUSTICE APPROVAL WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities;and WHEREAS, Title II of the ADA requires that municipalities adopt the Americans with Disabilities Standards for Accessible Design that provide accessibility, through proposed structural modifications to remove accessibility barriers;and WHEREAS, Title II of the ADA recommends that municipalities adopt the Americans with Disabilities Guidelines for Pedestrian Facilities in the Public Right-of-Way that provide accessibility,through proposed structural modifications to remove accessibility barriers and WHEREAS, in 2010 the United States Department of Justice modified the ADA Standards for Accessible Design, and in 2011 it proposed but has not yet adopted or finally approved the Guidelines for Pedestrian Facilities in the Public Right-of-Way; and WHEREAS, the City of South Bend remains committed to the ADA and the elimination of barriers to public facilities. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. The Common Council hereby adopts the 2010 Americans with Disabilities (ADA)Standards for Accessible Design. SECTION II. The Common Council further adopts the 2011 Guidelines for Pedestrian Facilities in the Public Right-of-Way, effective upon their final approval by the Department of Justice . SECTION II. This Resolution shall be in full force and effect from and afte s adoption by the Common Council and approval by the Mayor Member, South Bend Common Council PRESENT ED miw . t( NOT APPROVED' ll y G4..55•{: .;.. /rlop1l'p RESOLUTION NO. `113D-4,1 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADOPTING THE AMERICANS WITH DISABILITIES ACT(ADA), DESIGNATING THE ADA COORDINATOR,AND ADOPTING PROCEDURES WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall name an ADA Coordinator; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall adopt a grievance procedure for resolving complaints alleging violation of the Title II of the ADA;and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall publish notice to the public regarding the ADA;and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall post the ADA coordinator's name, office address, and telephone number along with the ADA Notice and ADA grievance procedure on its website. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. The Chief Assistant City Attorney, Aladean M. DeRose, is designated as the ADA Coordinator for the City of South Bend, Indiana, and South Bend's ADA Coordinator shall be an attorney in the City's Legal Department. SECTION II. The Notice under the Americans with Disabilities Act, a copy of which is attached hereto as Exhibit "A", is adopted as the City of South Bend Notice under the Americans with Disabilities Act(ADA). SECTION III. The City of South Bend Grievance Procedure under the ADA, a copy of which is attached hereto as Exhibit "B", is adopted as the grievance procedure for addressing complaints alleging discrimination on the basis of disability in the provisions of services, activities,programs or benefits by the City of South Bend. SECTION IV. In compliance with Federal and State Laws as set forth above, the Common Council of the City of South Bend resolves to post the required information regarding the ADA coordinator, Notice under the ADA, and the City of South Bend Grievance Procedure under the ADA on its website and at such other locations as may be determined from time to time. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor c / Member, South Bend Common Council L-Ntrndi 3s, PRESEN CrIlY Otp 0'4Pa.eY CIE+ - i\IOT APPROVF.D 'ADOP 21( CITY OF SOUTH BEND,INDIANA GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT(ADA) The City of South Bend, Indiana, in accordance with the Americans with Disabilities Act ("ADA") has adopted this Grievance Procedure to insure prompt and equitable resolution of complaints alleging discrimination based on disability in the provision of programs, services, benefits, or activities provided by the City of South Bend. Employment related claims of disability discrimination are governed by the City's Personnel Policies. The steps in the city of South Bend's Grievance Procedure are as follows: 1. File written Complaint using South Bend's form (attached) no later than 60 calendar days after the date of the violation. Information must include: • Name, address, phone number, e-mail (if applicable) of person filing the grievance. • Name, address, phone number, e-mail (if applicable) of person alleging grievance on behalf of someone else. • Date and approximate time violation occurred. • Narrative description of the violation • Remedy or desired City corrective action The complaint should be submitted to: ADA Coordinator, South Bend Legal Department 227 W.Jefferson Blvd., Ste 1400 South Bend, IN 466014 Alternative means of filing Complaints such as personal interviews or a tape recording of the Complaint will be made available for persons with disabilities upon request. 2. South Bend's ADA Coordinator will acknowledge Complaint with 21 days from date of filing. The ADA Coordinator may meet with Complainant to discuss the Complaint and explore informal resolution to problem. 3. If informal resolution is not reached, then within 30 days after initial response under Step 2, the ADA Coordinator or Designee will respond in writing, and where appropriate, in a format accessible to the Complainant such as large print, or audio tape. The response will explain City's position and offer options for resolution of the Complaint. 4. If the ADA Coordinator's response does not satisfactorily resolve the issue, the Complainant and/or his/her designee may appeal that decision. This appeal should be made to the Board of Public Works President or designee within 15 days after receipt of the response of the ADA Coordinator, and this appeal request must be made in writing. 5. The Board of Public Works President or designee shall meet with the Complainant within 15 days after receipt of the appeal to discuss the complaint and possible resolutions. 6. Within 15 days after that meeting, the Board Public Works President or designee will respond in writing, and, where appropriate, in a format accessible to the Complainant, with a final resolution of the complaint. All written Complaints received by the ADA Coordinator or designee or appeals to the Public Works Director or designee will be retained by the City of South Bend for a period of three years. 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY ATTACHMENT D 1. ADA GRIEVANCE FORM 2. PUBLIC COMMENT AND RESPONSE FORM City of South Bend ADA GRIEVANCE FORM CITY OF SOUTH BEND,INDIANA Today's Date: Complainant: Address: City, State, Zip: Telephone and E-mail: Individual Discriminated Against: (If Different from Complainant) Address: City, State, Zip: Telephone and E-mail: Alleged Violation: Date(s)&Approximate Time of Occurrence: Detailed Description of Violation and City Department Involved: Requested Action by City to Correct Violation: Has Complaint been filed with State or Federal Agency: Yes No Name of Agency: Date Filed Contact Person: Signature; If there are witnesses,please list names and addresses separately. 2013 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN: PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY PUBLIC COMMENT AND RESPONSE FORM Date of Comment: Name of Person: Comment: Response: City of South Bend I Attachment D \PEA\ 1■h ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Calvert Street from Webster Street to Kemble Avenue. Being 80 foot in width and 1248.5 feet in length. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A part of the East half of the South West Quarter of Section No. 14, Township No. 37 North, Range No. 2 East, in the City of South Bend, (St. Joseph County, Indiana) described as follows, A strip of land Eighty(80) feet wide,North and South from Kemble Street to Webster Street and centered on the center line of Calvert Street extended, formerly to be used for the extension of Calvert Street through the tract described in Book 640,pages 239 and 240. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana,to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax I.D. 018-8071-2703 Section IV. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Co t cil Attest: (C:',-'7i'::1 r' ,d5 Cali 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 Filed In Clerk Office 1,i READIt■G PU3L1C HEARING 3 rd READING N1OT APPROVED sIG� 115 3 1 CITY C M%�SOUTH SENO,IN REFERRED PASSED December 4, 2012 City of South Bend County-City Building/Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Street Vacation City of South Bend, Indiana Dear Mr. Voorde: I am requesting the vacation of Calvert Street from Webster Street to Kemble Avenue within the City of South Bend, Indiana. The purpose of the vacation of the real property is to remove unimproved Calvert Street and provide a contiguous site for the forthcoming improvements to the Indiana National Guard site. It is in the interest of the City of South Bend and the Indiana National Gaurd to vacate this property. Based on these reasons,I hope that you will grant my request. Thank you for your consideration,and if you have any questions please feel free to give me a call. Very truly yours, City of South Bend, Indiana Filed In Clerk Office 71 013 OPtiN v 001.1v CITY CLARK l 't, 'o> ' loO,IN orben.t aee+..yenwr..y PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: December 4,2012 OF THE CITY OF SOUTH BEND,INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: N/A. B. THE STREET DESCRIBED AS: Calvert Street from Webster Street to Kemble Avenue. Being 80 foot in width and 1248.5 feet in length. NAME (signed & printed) ADDRESS LOT ft x A' 4,4(1.0, t: 227 W. Jefferson Blvd. , South Bend, IN Signature Gary A. Gilot, President Prin d Name and Title AAIi'/4__ (/2" Signa 4e Kathryn E. Roos, Member Printed Name and Title .. 9 "Veit_ ' n(ej G' Cv„ by Print ame and Title ,►-t CONTACT PERSON (S) Sig ature Donald E. Inks, Member NAME: James Lietzan m and Title OFFICE OF THE CITY CLERK ADDRESS: 2211 E. Jefferson Blvd. JOHN VOORDE,CITY CLERK South Bend, IN 46615 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND,IN 46601 574-235-9221 PHONE: Figairrapies Lice JAN -6 Z013 j 1 rg,:f.,4 i4-:voh„,2L___j po O i i a co a v cn i i I m E00 M M I ' pp O _O m m m m i m m O O m O O O 0C1N AV alawax .. a) No h. a � a N O .n O C Z • a) V- v CC a CC 0 rn r 0 O N M O =p ++ = N C 0 y N o o a) To .a- c6 y a CO Z N Y O 0�[ O C 0 m U O u L C , p a) \ O 0 a) • N \ a a)m ,+,, U E-+ W 0 O F w w\ m s C ` D .,_. ' W a3 \E-'\ o -c N O w E-+ N \ \ a) N O a) O Cn \ Cn H\ o Z > w � A C.) \w\ s >, ai c , � a a0 \ \ O V 3 o c U Z \ \ a) a c o q L . ar Q) a 0 p co C N a) C W O W C > L Z -0 0 0 cn ° te0 rn a) o i__4- O C O C O o 0 ,0 p Cc� c s 0 a -C v O J Q z O Q v 0 saaxis au. : 1f'�,�,._ . m tO m CO n n 0 1 § C m m I _ m ' s. t cd dim'9� b C x if CITY OF SOUTH BEND 1.- t W.CC ; ;mgr; N;z. .r�,r BOARD OF PUBLIC WORKS TO: Michael Mecham, City Engineer FROM:Linda Martin, Clerk of the Board of Public Works SUBJECT: Street Vacation—Calvert Street from Webster Street to Kemble Avenue DATE: September 11,2012 The Board of Public Works, at its September 11, 2012, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this street. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. c: Janice Talboom, City Clerk's Office Tony Molnar, Engineering Filed in Clerk's ICG JA .. O-{ a r JCiil4+ao ,iik,r ' ~ F CITY CLERK` ryes .1.tN it% . 87211412 Nanc Schrader Re Street Vacation Recommends i tion Gaivert PNe 1" From: Stephen Goen To: Andre Price; Cheryl Greene; Federico Rodriguez; jbyorni@co.st-joseph.... Date: 8/23/2012 12:57 PM Subject: Re: Street Vacation Recommendation -Calvert No Objections This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. It Stephen Goen Traffic Commander South Bend Police Department-Traffic Investigations 701 W.Sample St South Bend,IN 46601 (574)235-7515 (574)235-7538 >>> Nancy Schrader 8/23/2012 12:44 PM>>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bead Department of Engineering and Board of Public.Works 227 West Jefferson,Room 1316 South Bend,Indiana 46601 Office:(574)235-9251 Fax:(574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. (8/23/2012)Nancy Schrader Re Street Vacation Recommendation Calvert Page 1~! From: Federico Rodriguez To: Nancy Schrader Date: 8/23/2012 1:38 PM Subject: Re: Street Vacation Recommendation -Calvert Approved S.B.F.D Federico"Chico"Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) fradriguesouthbendin.aov »> Nancy Schrader 8/23/2012 12:44 PM»y Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson,Room 1316 South Bend,Indiana 46601 Office:(574)235.9251 Fax:(574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. • S' 4110011:/: 1865 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 8/23/2012 TO: Andre Price, Solid Waste Jitin Kalil, Community& Economic Development Michael Mecham, Engineering Department Federico Rodriguez, Fire Department John.Byorni,Area Plan Commission (ibyorni((a7co.st- joseph.in.us or 235-9813 fax) Stephen Goan, Police Department. Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffinCa7nisource.com)(FYI Only) FROM: Linda M. Martin, Clerly;pfr SUBJECT: REQUEST FOR RECOMMENDATION —STREET VACATION APPLICANT: City of South Bend LOCATION: Calvert Street from Webster Street to Kemble Avenue DATE DUE: 8/31/12 FAX OR E-MAIL TO: 235-9171 / Imartinc southbendin.gov RECOMMENDATIONS AND COMMENTS: Ah) By / ": ! /41; f� '4/7/. Date '. J f j 8 27 61-2 Rene 1 / 12j y Schrader Re Street Vacation Recommendation Calvert Pale .++am�a.nwrr «...... From: <pmgriffin @NiSource.com> To: "Nancy Schrader"<NJSCHRAD @southbendin.gov>, <lrnartin @southbendin.gov> Date: 8/27/2012 8:13 AM Subject: Re:Street Vacation Recommendation Calvert. Attachments: pic31673.gif No objections Philip M.Griffin NIPSCO Project Engineer Office Phone:574-284-2214 Mobile Phone: 574-220-3804 FAX: 574284-2220 "Nancy Schrader" <NJSCHRAD @southbe • ndin.gov> To <jbyorni @co.st joseph.in.us>, 08/23/2012 12:44 <pmgriffin @nisource.com>,"Andre PM Price"<APRICE @southbendin.gov>, "Cheryl Greene" <CGREENE@southbendin.gov>, "Federico Rodriguez" <frodrigu @southbendin.gov>,"Jitin Kain"<JKAIN @southbendin.gov>, "Michael Mecham" <mmecham @southbendin.gov>,"Stephen Goen"<SGOEN @southbendin.gov> cc "Nancy Schrader" <NJSCHRAD@southbendin.gov> Subject Street Vacation Recommendation- Calvert Please provide your recommendation. Thank you. Nancy Schrader Page I of 1 Linda Martin - Fwd: Street Vacation Recommendation - Calvert • From: Michael Divita To: Linda Martin Date: 8/28/2012 2:36 PM Subject: Fwd: Street Vacation Recommendation-Calvert CC: Jitin Kain Attachments: Jitin Kain Approval recommended. Given that Calvert has no dedicated right-of-way here, no neighborhood or access issues would arise with this vacation. Michael Divita Planner City of South Bend Department of Community&Economic Development 1200 County-City Building 227 W. Jefferson Blvd. South Bend,IN 46601 Phone: (574) 235-5843 Fax: (574)235-9469 mdivita@southbendin.gov »> On 8/27/2012 at 10:50 AM, Jitin Kain <JKAIN @SouthBendlN.Gov> wrote: »> Nancy Schrader 8/23/2012 12:44 PM»> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend,Indiana 46601 Office: (574)235-9251 Fax: (574)235-9171 I.NNN/VNNN/l NNNN/.NI.NNN/!.V Nl�.NNNNNn.NNNNN/.I.N I�..VN N/.NNNN NNNN This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. N.VN.�•NNNNn./v.V.VN/.Nn.NNNNN NNNN NI�.NNNIVNN%VNN.VNNN/.NNNAI/V NNNN file://C:\Documents and Settings\LMARTIN\Local Settings\Temp\XPgrpwise\503CD784S... 8/28/2012 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM H40 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 44601 (574) 235.95.71 August 28, 2012 City of South Bend Board of Public Works 13th Floor, County-City Building South Bend, Indiana 46601 RE: Street Vacation Petitioner: City of South Bend Location: Calvert Street between Webster and Kemble Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The street does not appear to be built. The east half of the street provides access to the parking lot. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The east half of the street provides access to the parking lot. Calvert Street is not accessible from Wesbster. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. Public access to this site is still available from Donald. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The street is not currently used as a thoroughfare. East-west access through Bruce or Donald is less than 650' away, Due to the above stated reasons, the staff recommends that the proposed street vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, /4:0 ibt Christa Nayder, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND,, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND W WW.STJ OSEPHCOUNTYINDIANA.COM S�B off ;lipp'td ■ e W 1\\YMA /j 4 � R '\ 2866 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF PUBLIC WORKS December 5,2012 Mr. John Voorde, City Clerk Common Council 4th Floor, County-City Building . 227 West Jefferson Boulevard South Bend, Indiana 46601 RE: Street Vacation—Calvert Street from Webster Street to Kemble Avenue Dear Mr. Voorde: On September 11, 2012, the Board of Public Works provided a favorable recommendation for the above referenced street vacation for the expansion of the National Guard Armory. Since this vacation is being done internally, please waive the $150.00 filing fee. If you have any questions, please contact me at (574)235-9251. Sincerely, /V//. 7 Michael C. Mecham, City Engineer c: Tony Molnar, Engineering Janice Talboom, City Clerk's Office EA\ p , 3 -43 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160.39' OF THE RIGHT--OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: 160.39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: LOT 11 OF RIVER RACE TOWNHOMES MINOR SUBDIVISION RECORDED AS INSTRUMENT NUMBER 1229942 IN THE OFFICE OF THE RECORDER OF ST JOSEPH COUNTY, INDIANA, OWNED BY THE CITY OF SOUTH BEND Section IV. The purpose of the vacation of the real property is TO VACATE EXCESS UN-NEEDED PUBL/C RIGHT-OF-WAY OF NILES AVENUE FOR USE BY THE ADJACENT PROPERTY OWNER FOR FUTURE RESIDENTIAL AND COMMERCIAL REDEVELOPMENT SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. DvA,J, a LQ Member of the Common Co 4 cil 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 Filed in li ri f Office 1 i RrADING. PUNK Irsc J_A.LE ± i]^ ;rE P r ,..•.G NOT /', PKO''I CITY e� 1 CLERK, `�'} t`+�i#4 Ix BEND, r^ n ' C T C CLERI1 ,Sou f BEND,IN REFERRED � *�?zxwew.as:•wswWa.er,cw+•ra• ... PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: 160.39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECT/ON OF JEFFERSON BOULEVARD AND NILES AVENUE NAME (signed & printed) ADDRESS LOT # RIVER RACE TOWNHOMES, LLC P.O. BOX 338 LOT 11 OF RIVER RACE TOWNHOMES DAVID M. MATTHEWS, MEMBER MINOR SUBDIVISION Filed— __NAtAikaiiter_Aseolet.‘ -F weriep fifes SIGNATURE "�'�^-� 0 s4 ,"W_t�Y FHB RETURN TO: CONTACT PERSON (S) OFFICE OF THE CITY CLERK ABONMARCHE CONSULTANTS, INC. JOHN VOORDE, CITY CLERK NAME: BRADLEY E. MOSNESS, PE ROOM 455-COUNTY-CITY BUILDING ADDRESS: 750 LINCOLN WAY EAST SOUTH BEND, IN 46601 SOUTH BEND,IN 46601 574-235-9221 PHONE: (574) 232-8700 • EXHIBIT"A" • Niles Avenue Streetscape Project City of South Bend Project No. 111-069 Parcel: 1 Right-of-Way Vacation A parcel of land being adjacent to River Race Townhomes Minor Subdivision as recorded Instrument No. 1229942 in the Office of Recorder of St.Joseph County, Indiana now within and part of the City of South Bend, and being more particularly described as follows: Commencing at the north west corner of said Lot 1;thence South 00028'48" East along the west lot line of lots 1,2 3,4,5, 6,7, 8,9, 10, 12 and a portion of lot 11 which also is the east right-of-way line of Niles Avenue,254.53 feet to the south east corner of lot 11;thence South 46050'53" East along the south west line of lot 11 and said east right-of-way line of Niles Avenue,67.27 feet to the point of beginning of this description;thence.continuing South 46050'53" East along said east right-of-way line of Niles Avenue, 160.39 feet to the south east corner of lot 11;thence South 89043'58" West, 19.56 feet;thence North 37°06'58" West,44.37 feet;thence North 43°31'42"West, 102.62 feet to the point of beginning and containing 824 square feet,more or less. Surveyor Statement This description was prepared for the City of South Bend, Indiana by Roger T.Nawrot, Indiana Registered Land Surveyor, License Number 80890005,on the 7th day of January, 2013. 4.it : 1,7'. .y,,''ramp STATI 0 / 7/ 117 . .. Roger T. Nawrot Said description is based upon the Boundary Survey prepared for the City of South Bend, Indiana By R. L Harper, Recorded as Instrument Number 1006890 in the Office of Recorder of St. Joseph County, Indiana and said River Race Townhomes Minor Subdivision Instrument Number 1229942. Abonmarche Consultants, Inc. Proj; 118 h3-G1456r, ,J JAN —9 2013 R ,,t,optrt D ,zst 4 x .::d O N O N W ■ g • A 111 1 . o 8 ° �t f� 5 II 1 W . S R g Rs\ 0000� 1 1 r p 1 .I i_ f:. i �4 - � I I ,. A , i ,' , +1 co r, d ,,m 4d i wII ' Iv I I .. , O __yy e II 1 o ad o li aa 3 d a U H 0. N E d 4.5 6 H 1 E j E as s C 9 v e W 1: i d. a C J N { , y q Ls 5 I] j a o 1 op i {` C q Al k EXHIBIT "B" SHEET 1 OF 1 RIGHT-OF-WAY VACATION PLAT Prepored for City of South Bend by Abonmorche Consultants, Inc. (Job #11-0624) WASHINGTON ST. POC 165.72' I LOT 1 � l AREA 1 SO. FL ACRES i LOT 2 1 I IRIGHT CF WAY VACATION 824 0.019± I 1 I PROPOSED LOT 3 4 1 POINT OEMTERIAT_STATION! OFrSET NORM; EASTWG :Clist+' LOT 4 I 1 RI N 12+0.1!43 *2T 2J4g07.00 170NA27 I R2 N 10+7W 6 2' 2341547.21 170407.22 Z 1 LOT 5 1 RJ N 10•81.18 *31 2341517.72 1701q.72 RI N flflQl7 3021 2J4N2110 170420.415 '� LOT 12 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & ' It LOT 6 1 I EAST COORDINATES AND BEARINGS &DISTANCES. 1 1 to 1 1 �l LOT 7 I I I r 1 LOT 8 I 1 IN I I 1—, - TAT 9 1 1 a-- J r 1 i �- LOT 10 1 `' rP 0 30 60 120 \. \ 1 6j.• SCALE 1"..60' • ?�' POB LOT 11 N. t LAND SURVEYOR'S STATEMENT: all `01111Ulfifil ) . I. ROGER T. NAWROT, TO THE BEST OF MY KNOWLEDGE AND G A' �� BELIEF.THIS PLAT,TOGETHER WITH THE"BOUNDARY SURVEY ,$' `� NA/�"4 \ • PREPARED FOR THE CITY OF SOUTH W 4D"RECORDED) IN �� ••�aaurgy ry�I� •\ INSTRUMENT NO 1006590 IN THE OFFICE OF THE RECORDER , Q •`'GAT `'i,� O OF ST.JOSEPH COUNTY,INDIANA. EXECUTED IN .� .�•Q`' L 04 i ACCORDANCE 85114 INDIANA AOMINI i-- COOE 883 IAD L 1-12, ("RULE n * I LS80890005 ? * \ • STATE OF ra It .. �.✓Y / 4 Z 4��,9AA,,,,„,A,„.. 0�' % VACATED RAV PROFS .III"AWROOT�PSURVEYOR N0 8089005 DATE �I ,YD aSUR` �� (FRt I LINE 4 ) '�, ' ' '., I /i STATE of INDIANA 14inI11111 ►a 1 JEFFERSON BLVD PARCEL: 1 O85 E& CITY OF SOUTH BEND DRAWN BY: BW /CW4 11-06-12 CHECKED BY: ITN PROJ. NO.: 111-059 QA/GIG BY: - ROAD: NILES AVE comma ST. JOSEPH 12 "IABONMARCHE TOWNSHIP: 37N TAX I0 0 8.5010-0291 Coo!Moue Sy OM1811 ■ NOTE: DIMENSIONS SHOWN ARE FROM THE ABOVE LISTED RECORD DOCUMENTS T aime�o F:vwui.4w+° �1D1 COrYJEGM7012-AID.. cI1ECONIULTANIS. 4613T8 �e O` AtbiiEi,01 d\- 1316 COUNTY-CITY BUILDING ,l.,�" �� '1 •\ /..// PHONE 574/235-9251 227 W JEFFERSON BOULEVARD ;� �\ FAx FAx 574/235-9171 Sour%BEND, INDIANA 46601-1830 ',� �� '• �., 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS December 11,2012 Mr.Roger Nawrot Abonmarche Consultants • 750 Lincoln Way East South Bend, Indiana 46601 RE: Property Vacation-- 160.39' of the Right-of-Way on the East Side of Niles Avenue at the Intersection of Jefferson Boulevard and Niles Avenue (Preliminary Review) Dear Mr. Nawrot: The Board of Public Works, at its December 11, 2012, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this property. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your Property vacation packet. Sincerely, Lind M. Martin, Clerk c: Federico Rodriguez,Fire Department Tony Molnar,Engineering Janice Talboom,City Clerk's Office Michael Mecham,Engineering David Matthews,River Race Townhomes GARY A. GILOT DONALD E. INKS KATHRYN E.Roos MICHAEL C.MECHAM MARTS W.HEAL EXHIBIT "B' . SHEET 1 OF 1 RIGHT—OF—WAY VACATION PLAT Prepared for City of South Bend by Abonmorche Consultants, Inc. (Job #11-0624) WASHINGTON ST. 165.72 ! LOT 1 1 1 AREA I I I SO. FT. I ACRES I �g��jy� LOT 2 I 41'1140 i I I RIGHT OF WAY VACATION 824 0.019* 1 ; 306 d of Public rlcs • ' LOT 3 I 4.... Ipaw CENTEX* STATION OFFSET NORININ EASING LOT 4 4 i i • IIIIIE 12+0.14Y .1027' 2$410$100 170180.27 'f/�� / �' 112 N 10+79.28 Mr 1,1415=7.81 10467.18 LV , ./1/�M I'/ q +r, RI N 70401.10 sasl' 1$11641:72 i7DNf72 ••• �"°•�.,• de LOT 5 R4 N 1141417 .1127' LWID8JJO I7042U6�i ` � , 'rp ' r #:I!//111; "" NOTE: STATIONS R OFFSETS CONTROL OVER BOTH NORTH & 1 N LOT 8 f/ , EAST COORDINATES AND BEARINGS k DISTANCES. I * 4�' �y ��tt CON �G �i !TD Hie i �; LOT r T r ° f G /� r r G A N II ie 1 o os. ''r��i'�� ` LOT 8 i t 1 IN v1� L07 9 I 4, I ��R • LOT 10 1 ,.0 e&bEl Imo P- i �o: ,�T n$EIr °F RZP�rr rdATIO 4 rt.F piNalligiiiiimmogimil ' 6' . g/W 76 a SCALE 1=60' \, -,c,,...; LOT 01,44,470 LAND SURVEYOR'S STATEMENT: \ri, I. ROGER 7. NAWROT, TO THE BEST OF MY KNOWLEDGE AND ��r.�U{1t1111lg1��, BELIEF, THIS PLAT, TOGETHER WITH THE "BOUNDARY SURVEY ``t�G R T. N '��/� J PREPARED FOR THE CITY OF SOUTH BEND"RECORDED 84 ��� (�v curry, , �/ INSTRUMENT NO. 1006690 fN THE OFFICE OF THE RECORDER ' Co ••i,GtSTEii fir• . , OF ST. JOSEPH COUNT, INDIANA. (EXECUTED IN (keg. ��D�� Q, ACCORDANCE WITH INDIANA ADMIN r. YE CODE 885 IAC E. + 'r 1-12, ("RULE Asp '• " * = LS80890005 r w / I. Its E STATE OW /� 4 Z �i '9/'4,1 lto°O �' VACATED RIW RO' R/Y AWROT.P.L.S. DATE �/ "1 �* •. or I AL!AAND SURVEYOR NO. 8069005 ��i�f�0 u v r' ����� {FRO, u ryu'� . I , ; l4f/lllill{�� I JEF ' • , BL VD PARCEL: 1 OWNER: CITY OF SOUTH ECM) DRAWN BY BWS/CMR 11-06-12 CODE: CHECKED BY RTN PROD, NO,: 111-069 QA/oC BY: ROAD: NILES AVE COUNTY ST. JOSEPH grit 12 TOWNSHIP: 37N III ID IABONMARCHE TAX IDE. 018-5010-0281 Confidence 61'Deem NOTE: DIMENSIONS SHOWN ARE PROM THE ABOVE LISTED RECORD DOCUMENTS rs'7 oo�F:a7;451 te1p' 01 ..._ corralG Ht2012-A/ONMAgC„ECCHRJUANTS INC. v' . %1\h,Ijri'l,,' ;',4\, _+ /7, , \ /0 E �`\i .� At /0 ; ti 865 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Mike Mecham, Engineering Department John Byomi,Area Plan Commission(jbyomiaco.st-iosech.in.us or 235-9813 fax) Chris Dressel,Community& Economic Development Federico Rodriguez, Fire Department Andre Price,Solid Waste Gene Eyster, Police Department Cheryl Greene, City Attorneys Office Phil Griffin, NIPSCO(pmgriffin(a7_nisource.com)For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation-Street Vacation Location: 160.39'of the Richt of Way on the East Side of Niles Ave at the intersection of Jefferson Blvd and Niles Ave (Preliminary Review) DATE: November 7, 2012 DUE: November 13,2012 FAX OR E-MAIL TO:, 235-9171 /ImartinOsouthbendin.uov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS& RECOMMEND TIONS: BY: X Ciel f/_ _ 0i DATE://!r Vl_ JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235.9571 November 15, 2012 City of South Bend Board of Public Works 13t Floor, County-City Building South Bend, Indiana 46601 RE: Street Vacation Applicant: Dave Matthews Location: 160.39' of the right-of-way on the East Side of Niles Ave at the intersection of Jefferson Blvd and Niles Ave Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation will benefit a new development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The staff does not feel access would be difficult as long as the turning radius still meets City standards. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. There is no church, school or public building adjacent to the proposed vacation. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Given the small size of the vacation, the use of the overall street should not be affected. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, Nadi Citibik Christa Nayder Planner SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND WWW.STJOSEPHCOUNTYINDIANA.COM Jennifer Code From: Eugene Eyster Sent Monday, November 26,2012 2:00 PM To: Jennifer Corte Subject: RE: Street Vacation- ROW on Niles Avenue Ms.Corte, I apologize for any delay in this. I did send back a printed response to your office via departmental mail on Wednesday November 14,2012. On behalf of the Police Department we would have no issues with this approval. Lt. Eyster From:Jennifer Code Sent: Monday, November 26, 2012 12:54 PM To: Chris Dressel; Federico Rodriguez; Andre Price; Eugene Eyster Subject: Street Vacation - ROW on Niles Avenue The above was sent on November 13,2012 and we have not received a response from you. Please send a quick acknowledgement(by e-mail)that you received it and approve. Jennifer Corte City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574)235-5927 Fax:(574)235-9171 • 1 Jennifer Corte From: Chris Dressel Sent Monday, November 26, 2012 3:14 PM To: Jennifer Code Subject: RE:Street Vacation.- ROW on Niles Avenue Jennifer—sorry—t passed this on to others in the Dept.for their comments and didn't get them back in time. Community Investment is recommending for approval. Chris Christopher D. Dressel Planner Bicycle Coordinator City of South Bend Department of Community and Economic Development 227 W.Jefferson Blvd. Suite 1200 S South Bend, IN 46601 Phone:574-235-5847 Fax:574-235-9469 cdressel@southbendin.gov . .................... From:Jennifer Code Sent: Monday, November 26, 2012 12:54 PM To: Chris Dressel; Federico Rodriguez; Andre Price; Eugene Eyster Subject: Street Vacation - ROW on Niles Avenue The above was sent on November 13,2012 and we have not received a response from you.Please send a quick acknowledgement(by e-mail)that you received it and approve. Jennifer Corte City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line:(574)235-5927 Fax:(574)235-9171 1 Jennifer Corte From: Federico Rodriguez Sent: Tuesday, November 27,2012 11:46 AM To: Jennifer Corte Subject: RE: Street Vacation -ROW on Niles Avenue Approved SBFD Federico (Chico) Rodriguez Fire Marshal Fire Prevention Bureau (574)235-7564 frodrigu @southbendin.gov South Bend Fire Department 1222 S. Michigan St.46601 From:Jennifer Corte Sent: Monday, November 26, 2012 12:54 PM To: Chris Dressel; Federico Rodriguez; Andre Price; Eugene Eyster Subject: Street Vacation- ROW on Niles Avenue The above was sent on November 13,2012 and we have not received a response from you. Please send a quick acknowledgement(by e-mail)that you received it and approve. Jennifer Corle City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574)235-5927 Fax: (574)235-9171 1 • Off' lllft://gip 7/%4 :_\ '� R INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: }it a Mecham, Engineering Department „Jbhn Byomi, Area Plan Commission(jbvomi@co.st-ioseoh.in.us or 235-9813 fax) *Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste vAene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO(pmgriffin©nisource.com)For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation -Street Vacation Location: 160.39' of the Right of Way on the East Side of Niles Ave at the intersection of Jefferson Blvd and Niles Ave (Preliminary Review) DATE: November 7, 2012 DUE: November 13, 2012 FAX OR E-MAIL TO:, 235-9171 /Imartin a( southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS &RECOMMENDATIONS: BY: DATE: cels County Parcels MAI - Rec PARCELID NAME_1 MAILINGAD MAILINGCIT UN MAIL! PROP ADD PROP_CITY P_SOT PROP_ GST NGZIP ATE ZIP A RIVER RACE 018-5010- TOWNHOM 1200 County- 1 0291 ES LLC City Building South Bend IN 46601 122 NILES South Bend IN 46617 521 018-5010- JEFFERSON 517-519 521 2 0305 LLC 215 E Colfax South Bend IN 46617 JEFFERSON South Bend IN 46601 CITY OF 018-6001- SOUTH 1200 County VAC LOT 4 0002 BEND City Bldg South Bend IN 46601 202 South Bend IN 46617. 018-5010- SHEIN CART 1429 Honan 5 0303 G Dr South Bend IN 46614 125 HILL South Bend IN 46617 521 N 018-5010- 121 S NILES FOREST ;PAVING ON 6 0279 LLC AVE Mishawaka IN 46545 NILES AVE South Bend IN 46601 018-5010- ANCATRICE 7 0300 LLC 115 S Hill St South Bend IN 46617 115 S HILL South Bend IN 46601 RIVER RACE 018-5010- TOWNHOM 1200 County- 511 8 0293 ES LLC City Building South Bend IN 46601 i JEFFERSON South Bend IN 46601 PARKVIEW PROPERTIE S INC% 018-5010- TODD 20350 Pearl 515 9 0304 ULLERY St South Bend IN 46614 JEFFERSON South Bend IN 46601 i 521N 018-5010- 121 S NILES FOREST 10 0280 LLC AVE Mishawaka IN 46545;121 S NILES South Bend IN 46617? RIVER RACE 018-5010- TOWNHOM 1200 County- PAVING ON 11 0292 ES LLC City Building South Bend IN 46601 NILES South Bend IN 46601 VACANT LOT 018-5010- 333 WASHINGT 12 0294 UL LLC Pfingsten RD Northbrook IL 60062 ON South :'- . . 4 s z, got` ate J art V "geND, f ABONMARCHE Engineering Architecture mom Co!nlidence By Deskgln Land SUPreVing Marina/Waterfront Community Planning Landscape Architecture Deveroprnent Services January 7, 2013 City of South Bend Common Council 227 West Jefferson Boulevard, Suite 400 South South Bend, IN 46601 RE: PROPERTY VACATION- 160.39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE Dear Honorable Members: On behalf of the City of South Bend Department of Community Investment and the Applicant, David Matthews (adjacent property owner), please accept the attached petition and ordinance to vacate a portion of Niles Avenue public right-of-way that lies on the east side and is north of and adjacent to Jefferson Boulevard. The area to be vacated is more particularly described in the legal description attached hereto as EXHIBIT A and its location depicted on the attached EXHIBIT B. This request is to vacate excess un-needed public right-of-way of Niles Avenue for use by the adjacent property owner for future residential and commercial redevelopment. Also, the City of South Bend Board of Public Works issued their favorable recommendation for the vacation of this property at their December 11, 2012, meeting. Please see attached letter. If you have any questions or require additional information, please do not hesitate to contact our office at (574) 232-8700. Thank you for your time and consideration. Sincerely, ABONMARCHE CONSULTANTS, INC. 4 Filed in Clerk's Office Bradley E. Mosness, PE N 9 2013 Project Manager ' ' ' , at &:i6oRbE CITI CIS RK,$10011 BEND,IN 750 Lincoln Way East 3177 Willowcreek Road 95 West Main Street 361 First Street 503 Quaker Street South Bend,IN 46601 Portage,IN 46368 Benton Harbor,MI 49022 Manistee,MI 49660 South Haven,MI 49090 574.232.8700 219.850.4624 269.927.2295 231.723.1198 269.637.1293 www.abonmarche.com ^rysoT 13—) ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN IRREGULARLY SHAPED PORTION OF RIGHT-OF-WAY OF INDIANA AVENUE LOCATED AT THE NORTHWEST INTERSECTION OF SAID INDIANA AVENUE WITH KEMBLE STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: PARCEL A; A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF THE RECORDED PLAT OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER; THENCE EAST A DISTANCE OF SIXTY-FIVE AND SIX TENTHS (65.6) FEET ALONG THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5) ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIX TENTHS FEET (13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE POINT OF BEGINNING, THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT NUMBERED SIXTEEN (16) IN PART OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER. PARCEL B; A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF 2 LOTS NUMBERED 17, 18, 19, AND 20 AS SHOWN ON THE RECORDED PLAT OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER, NOW A PART OF THE CITY OF SOUTH BEND. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 018-8053-2141 Tax Key Number 018-8053-2139 Tax Key Number 018-8053-2134 SECTION IV. The purpose of the vacation of the real property is to vacate that portion of Indiana Avenue, for approval of subdivision replat. 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. DQ}J 0 - ,:n'1;1A- i Member of the Common Council Cztunzil aaon on'6•;:s 3 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2013,at o'clock . m. City Clerk Approved and signed by me on the day of , 2013, at o'clock . m. • Mayor, City of South Bend,Indiana Fil3d in ' ur ' Mice 1 s'r READING 111 y PUBL'C HEARING J014.1 VOPHOR...,,. .., CITY C1411 K,SCUM s�BOND,IN NOT APPROVED REFERRED PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: 1-3-13 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE PORTION OF INDIANA AVENUE DESCRIBED AS: PARCEL A; A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF THE RECORDED PLAT OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER; THENCE EAST A DISTANCE OF SIXTY-FIVE AND SIX TENTHS (65.6) FEET ALONG THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5) ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIX TENTHS FEET (13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN(16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE POINT OF BEGINNING, THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT NUMBERED SIXTEEN (16) IN PART OF THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER. PARCEL B; A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF LOTS NUMBERED 17, 18, 19, AND 20 AS SHOWN ON THE RECORDED PLAT OF THOMAS E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER, NOW A PART OF THE CITY OF SOUTH BEND 2 NAME(signed&printed) &ADDRESS Tax Key Number City of South Bend 18-8053-2134 Dept .of Redevelopment 18-8053-2141 •12t Floor County-City Building E .South Bend, Indiana 46601 `(szs......___ c Don d Inks: ity of South Bend Dept. of Redevelopment MM Vance LLC 18-8053-2139 1531 Kemble Street South Bend, Indiana 46613 /1144A ei_ A x At.:67- //4‘10/ � -€4___ Michael Vance OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON NAME: Michael J. Danch Danch, Hamer and Asscociates 1643 Commerce Drive South Bend, Indiana 46628 PHONE: 574-234-4003 . .... Filed in Choirs Office JAN r 6 011 CITY CLERK.. tak,IMO,IN Property Owners Within 150 Feet City of South Bend City of South Bend Board of Public Duane Miller 227 W Jefferson Works 1609 Kemble Ave South Bend, IN. 46601 227 W Jefferson South Bend, IN. 46613 Tax Key#018 8053 2137 South Bend, IN. 46601 Tax Key#018 8054 2167 Tax Kay it n18 8053 2194 Moshe Buchholz Elva Bautista Monique Inc 309 S Logan St 1024 W Indiana Ave 3019 S Michigan South Bend, IN.46615 ‘ South Bend, IN. 46613 South Bend, IN. 46614 Tax Key#018 8054 2166 Tax Key#018 8054 2156 Tax Key#018 8054 2158 Barak Group LLC City of South Bend City of South Bend State of Indiana 309 Logan County City Building 227 W Jefferson Blvd. South Bend, IN.46615 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 8054 2165 Tax Key#018 8024 0970 Tax Key#018 8053 2131 City of South Bend Board of Public City of South Bend MM Vance LLC Works 227 W Jefferson Blvd 1531 Kemble Ave 227 W Jefferson South Bend, IN. 46601 South Bend, IN. 46613 South Bend, IN. 46601 Tax Key#018 8024 0972 Tax Key#018 8053 2139 Tax Kpv it(118 Rf137 1418 Armando& Elva Bautista Armando& Elva Bautista City of South Bend 508 S Walnut 508 S Walnut 227 W Jefferson Blvd South Bend, IN.46619 South Bend, IN. 46619 South Bend, IN. 46601 Tax Key#018 8053 2132 Tax Key#018 8053 2133 Tax Key#018 8024 0971 Thomas&Mary Magee City of South Bend Ervin Swift 1524 Prairie Ave 227 W Jefferson 913 W Indiana Ave South Bend, IN. 46613 South Bend, IN. 46601 South Bend, IN.46613 Tax Key#018 8053 2130 Tax Key#018 8053 2138 Tax Key#018 8053 2127 Filed in Ciao a- Office JAN '0 PQ CITY CLOAK,..,tiO V t K*ND,IN 18-8053-2127 18-seas-2137 t -- .._ 18-4024-0070 5. tr) .'''' ;,'ta-0053-4129 i '`*5. Q +•• 18-81/53-2138 � ,;a-e02A-0071 I -.E2 / 10-8053-2130 E . ,��, �. LOT 17 LOT 18 LOT 111 I LOT 20 Ia-8024-0072 . I i ,` 18-8053-2131 1 i i . , j r 18-8 -2139 150' i i 1 % r J I I LOT 10 ' 18-0053-2134 , 21St ' ' 18-3052-2133 to-floss- : :%•'• �':�� J'f f %;'%,/4-'&i// 74%/r/ Parcel I , r r % Indiana ■ Indiana r 18-8032-t415 r ., /., ,'; 15-8054-2168 ' ' 5.. 10-8054-2158 5. 5 N. 4 10-60545.2165 4 w ......."*....... 10-0054-2157 ................ ..............' ........; r //' LEGAL DESCRIPTION: PARCEL A A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF BYERLRY'S ADDITION THENCE EAST A DISTANCE OF SIXTY-FIVE AND SIXTH TENTHS • (65.6) FEET ALONG THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5') ALONG THE EAST PROPERTY LINE OF SAID LOT SIXTEEN (16) THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIXTENTHS FEET (13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY UNE OF SAID LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN TO THE POINT OF BEGINNING; THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT NUMBERED SIXTEEN (16) IN PART OF BYERLY'S ADDITION. PARCEL B A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF LOTS NUMBERED 17, 18, 19 AND 20 AS SHOWN ON THE RECORDED PLAT OF THOMAS E.A. BYERLY'S ADDITION TO THE TOWN OF MYLER, NOW A PART OF THE CITY OF SOUTH BEND. Flled to C.,,Je 's Office JAN 7- 1 JOPI*4 cv CITY CLERK„IOC`Vs 4401ND,IN 1 iS COUNTY-CITY BUILDING :ra J `� G �� ? PHONE 574I235-9251 227 W.JEFFERSON BOULEVARD .I \� \ i,, ii a i FAX 574/235-9171 SOUTH BEND, INDIANA 45601-1830 ;y . fY`w�y� ......"-..7 .1716; _, CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS January 8,2013 Mr.David Relos Community Investment 1400 County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601 RE: Right of Way Vacation — A Portion of Lots 16 through 20 at the Corner of Kemble Street and Indiana Avenue (Preliminary Review) Dear Mr.Relos: The Board of Public Works, at its January 8, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division for the above referenced right of way vacation. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient.The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this property. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your right of way vacation packet. Sincerely, n Filed in Cier a Office , ...„..(:_,,,..771.66. 17,...7 ,... ,,.,./ (7 kaAtt - Linda M.Martin,Clerk JAN --8 2013 c: Federico Rodriguez,Fire Department py t, Tony Molnar,Engineering CITYCLIEW sco-r:sew,IN Janice Talboom,City Clerk's Office ' Michael Mecharn,Engineering - GARY A. GILOT DONALD E. INKS KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NEAAL tar rm./I'ii L) Hoard of Public Works vr /..' • ,Right of Way CA TI g aY 0 PARCEL A; A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF BYERLRY'S ADDITION THENCE EAST A DISTANCE OF' SIXTY-FIVE AND SIX TENTHS (85.6) FEET ALONG THE SOUTH PROPERTY UNE OF SAID LOT NUMBERED SIXTEEN (16). TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED SIXTEEN (16): THENCE NORTH FIVE FEET (5') ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) THENCE SOUTH SOUTHWESTERLY ERTY UNE OF SAID LOT NUMBERED SIX SIXTEEN (16); THENCE)D TO A POINT FOUR FEET E WEST ALONG A UNE(PARALLEL NORTH TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN TO THE POINT OF BEGINNING; THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENRRE SOUTH END OF SAID LOT NUMBERED SIXTEEN (18) IN PART OF BYERLRY'S ADDITION. PARCEL B; A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH. NORTH AND SOUTH. TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF LOTS NUMBERED 17, 18, 19, AND 20 AS SHOWN ON THE RECORDED PLAT OF THOMAS E.A. BYERLRY'S ADDITION TO THE TOWN OF MYLER. NOW A PART OF THE CITY OF' SOUTH BEND. --,� un is `\ x ITIOY TO THE g „co. •� _-r-.., '00. \ TOWN 0 Lt. ACM• Of SOUS BEND)tatER la 0\ . TOY \\ �'SLOB Qf3� /w LniE A.A. GOOF \H N 4V C Ism,' LOT 9 \\\ I I \\\ ..... 1!01/81! LIMN 40616x +LICC71 I I ., 10 4....s \ ?1 LOT T7 I LOT 18 I LOT 19 LOT 20 -DiI4- I I r ,... C r — • i.i. IPPIlI! I.tit 1 :-.... ..:t:.,..--.4:::.:1:fi..!,-...;. :....I-Nj +r T 16 ". . .:.. ., C NOlOSED R/MILIIE C it Ifs x`4 > : a �, u . 1 5 ,, ,, PROPOSED, '` 5 To VC .,��.,., r-;.� ' .= a� - 1 �xa. try. vA, roe t . ?n, ».v as it ,,. e.Y -s:`z l�i i I^I ___- 0. INDIANA AVENUE (60.00 R/10 - - c ga A rvELD P moor `�.._. I TI no a&K.• Ve 1/ LE S 89!NT29' W DIS11N:E aV ►„o14 AREA ©EV6Gop RADIUS__.• ARC LENGTH CHORD LENGTH CHORD BEARING Jennifer Corte From: Jennifer Code Sent: Monday, November 26, 2012 12:45 PM To: Andre Price;Jitin Kain; Michael Mecham; Federico Rodriguez;CNayder @co.st- joseph.in.us;jbyorni @co.st joseph.in.us;Eugene Eyster;Cheryl Greene; pmgriffin @nisource.com Cc: Bill Schalliol;Jennifer Code Subject: Property Vacation Request- Kemble/Indiana Attachments: SEngineerin12112613410.pdf Jennifer Code City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574)235-5927 Fax: (574)235-9171 1 Jennifer Code From: John Byorni <JBYORNI@co.st-joseph.in.us> Sent: Monday, November 26,2012 1:15 PM To: Christa Nayder; pmgriffin @nisource.com;Andre Price; Cheryl Greene; Eugene Eyster; Federico Rodriguez;Jennifer Corte;Ji.tin.Kain; Michael Mecham Cc: Bill Schalliol Subject: Re: Property Vacation Request Kemble/Indiana Attachments: John Byorni.vcf The Staff of the Area Plan Commission has no objection to the request. John W. Byorni, Executive Director Area Plan Commission of St. Joseph County 1140 County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Phone 574 235-9571 Fax 574 235-9813 jbyorni @co.st joseph.in.us>>> Jennifer Corte <jcorlePsouthbendin.gov> 11/26/2012 12:44 PM >>> Jennifer Corte City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574)235-5927 Fax: (574)235-9171 IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination,distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming e-mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus.Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard-copy version. 1 Jennifer Corte From: Eugene Eyster Sent: Monday, November 26, 2012 1:54 PM To: Jennifer.Code Subject: RE: Property Vacation Request- Kemble/Indiana Ms. Corte, I do not see any issues on behalf of the Police Department. It. E. Eyster From: Jennifer Corte Sent: Monday, November 26, 2012 12:45 PM To:Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; CNayder @co.st joseph.in.us;jbyorni @co.st- joseph.in.us; Eugene Eyster; Cheryl Greene; pmgriffin @nisource.com Cc: Bill Schalllol; Jennifer Corte Subject: Property Vacation Request- Kembie/Indiana Jennifer Code City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574)235-5927 Fax: (574)235-9171 • 1 Jennifer Code From: Federico Rodriguez Sent: Tuesday, November 27,2012 11:33 AM To: Jennifer Corle Subject: RE: Property Vacation Request- Kemble/Indiana Approved by SBFD. Federico (Chico) Rodriguez Fire Marshal Fire Prevention Bureau (574)235-7564 frodrigu @southbendin.gov South Bend Fire Department 1222 S. Michigan St.46601 From: Jennifer Corle Sent: Monday, November 26, 2012 12:45 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; CNayder @co.st joseph.in.us;jbyorni @co.st- joseph.in.us; Eugene Eyster; Cheryl Greene; pmgriffin @nisource.com Cc: Bill Schalliol; Jennifer Code Subject: Property Vacation Request- Kemble/Indiana Jennifer Corle City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574)235-5927 Fax: (574)235-9171 • 1 JOHN W. BYORNI q EXECUTIVE DIRECTOR LARRY MAGL!OZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 4660f (574) 235-9571 November 28, 2012 City of South Bend Board of Public Works 13`" Floor, County-City Building South Bend, Indiana 46601 RE: Property Vacation Petitioner: Community and Economic Development Location: A portion of Lots 16 through 20 at the corner of Kembie Street and Indiana Avenue Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Only a small portion of this parcel is actually used as right-of-way. The area being used as part of the road, will be rededicated via Thos E.A. Byerlry's Addition, First Replat subdivision. The additional property gained by the adjacent property owner will allow them to rezone without needing a front yard setback variance. Due to the above stated reasons, the staff recommends that the proposed property vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, Christa Nayder, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W WW.STJOSEPH000NTYINDIANA.COM Jennifer Cone From: Jitin Kain Sent: Wednesday, November 28, 2012 10:41 AM To: Jennifer Code Subject: RE: Property Vacation Request- Kemble/Indiana Favorable Recommendation. Thanks, ti(, kiwi:1'.w ,:4 Jitin Kain Sr.Economic Development Specialist .mss= Community&Economic Development (574)235-5835 �r., °r-.• '` kain @southbendin.gov hos, r` City of South Bend 227 W.Jefferson Blvd.,Suite 1200 South Bend,IN 46601 VISIT OUR NEW W£n ITE SOUTHEENE)W GOO From: Jennifer Code Sent: Monday, November 26, 2012 12:45 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; CNayder @co.stjoseph.in.us;jbyorni @co.st- joseph.in.us; Eugene Eyster; Cheryl Greene; pmgriffin @nisource.com Cc: Bill Schalliol; Jennifer Code Subject: Property Vacation Request- Kemble/Indiana Jennifer Code City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office:(574)235-9251 Direct Line: (574)235-5927 Fax: (574)235-9171 • 1 Jennifer Code From: Andre Price Sent: Monday, December 31, 2012 2:02 PM To: Jennifer Code Subject: Re:Vacations Jennifer, I thought I replied, these vacation will not affect teach collection Sent from my iPhone On Dec 31, 2012, at 12:43 PM, "Jennifer Corle"<icorle@southbendin.gov>wrote: Andre, There are two recommendations for vacations we haven't received back.One is for Miami Street the other is for property at Indiana and Kemble. I need to put these on the next agenda so will you please provide your recommendations? Jennifer Code City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574) 235-5927 Fax: (574)235-9171 1 . Jennifer Code From: Michael Mecham Sent: Monday, December 31, 2012 3:04 PM To: Jennifer Code Subject: RE: Recommendation Propose approval from engineering From: Jennifer Cone Sent: Monday, December 31, 2012 12:46 PM To: Michael Mecham Subject: Recommendation Mike, I haven't gotten a recommendation from you for the property vacation near the Indiana and Kenmore. Please provide it so I can put it on the next agenda. Jennifer Code City of South Bend Division of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Main Office: (574)235-9251 Direct Line: (574)235-5927 Fax: (574)235-9171 1 .!! "‘\‘\� • \ 4 Grp�: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 11/26/2012 TO: 'v/Andre Price, Solid Waste ✓.)+tin Kain, Community & Economic Development Michael Mecham, Engineering Department Lederico Rodriguez, Fire Department ,1:46hn Byorni, Area Plan Commission (jbyorni(a�co.st- ioseph.in.us or 235-9813 fax) gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffin @nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk REQUEST FOR RECOMMENDATION— PROPERTY SUBJECT: VACATION APPLICANT: Community& Economic Development LOCATION: A Portion of Lots 16 through 20 at the corner of Kernble Street and Indiana Avenue DATE DUE: December 3, 2012 FAX OR E-MAIL TO: 235-9171 /Imartin(c southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date i APPROVED Board of Public Works .yam t. , ` -`f. .►/+ALT!' % w*�, - _r/IG r . STREET VACATIO 9 - PARCEL A; A PARCEL OF LAND DESCRIBED AS FOLLOWS:STARRNG AT THE SOUTHWEST CORNER OF LOT NUMBERED SIXTEEN(16) IN PART OF BYERLRYS AODRION THENCE EAST A DISTANCE OF SIXTY—FIVE AND SIX TENTHS(65.6)FEET ALONG TEE SOUTH PROPERTY UNE OF SAID LOT NUMBERED SIXTEEN(16),TO THE SOUTHEAST CORNER OF SRO LOT NUMBERED SIXTEEN (15);THENCE NORTH FRE FEET(5')ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN(IS)THENCE SOUTHWESTERLY UNE SAW NUMBERED SIXTEEN(16);THEENCE DUE WEST ALONG A UNE PPARN,LEL TO AND FOUR FEET(4) NORTH OF THE SOUTH PROPERTY UNE OF SAID LOT NUMBERED SIXTEEN(16)TO THE.WEST PROPERTY LINE OF SAD LOT NUMBERED SIXTEEN(16);THENCE SOUTHWESTERLY ALONG THE REST PROPERTY UNE OF SAW LOT NUMBERED SIXTEEN TO THE POINT OF BEGINNING;THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH ENO OF SAID LOT MIMREREDSIXTEEN(16)91 PART OF BYERLRY'S ADODION. PARCEL B; A LOT OR PARCEL OF LAND THIRTY-171REE(33)FEET IN WIDTH.NORTH AND SOLRH.TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF LOTS NUMBERED 17, 19, 19.AND 20 AS SHOWN ON THE RECORDED PLAT OF THOMAS EA BYERLRY'S ADDRION TO THE TOM OF MYLER,NOW A PART OF THE CITY OF SOUTH BEND. \ ry,y or 0996 ) .0,..r._ 1 10 1'4•as 1 r.. ,„„.„3.1.„„,0 ee' t > ' V N W4V 5 ialp PIM 1 . 10 \\ "s 1 t1 1V..u+c :e k LOT 9 \\\ I I I I \\\\ .1 Hui filet warm 441 `. 1a I I 10 \\\ LOT 17 I LOT 16 I LOT 19 LOT 20 \\ I I It'll* \\\ 77/ 1 I lJ MR.E 1•.40\\ �� or + Ike /i. f I r ! 1 ii LO T 16 ••� Ati C !'i �L .t r 7•� 01,.:: as`' j2 �3T;"�T cal' r 7j`- -il- ..- • zap e/w dT �` rFq � Y Fps l'' dF Gas./e L,IL x .- its"` "t� �-^P.t ,� a r /aryl To B Papa Q-=5£_. — —_-` INDIANA AV1MJ (80.00 RAT- - — — — k PEAeUFc.p A 4iBit r --------_, 1 8 F 5i TO. 1 ?ST/i T/oa& • CO s1 4I/E� FT Rrr�G^; Mri rr•N. ,.."."16-1_.ts tip • \ \"J'�,�/` h, i V �N A a set RAq. ARC LENGTH CHORD LENGTH CHORD B 1 O a aL 8}.46• 45.44 too.eo' ,00a6 ��,4 � Dhcl& &Aseac�i " Land Surveyors • Professional Engineers 1 �"� ' Landscape Architects.Land Planners \7,... OMRee:(574)234-4003/(800)594-4003 • Fax:(374)234-4119 1843 Comm4r44 Dews • south Bend.IN 48828 DHAI Danch Harper & Associates Inc. MICHAEL J. DANCH,L.A. Land Surveyors • Professional Engineers RON HARNER, P.S. Landscape Architects • Land Planners Honorable Members of the City of January 7, 2013 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Partial Indiana Ave. Street Vacation at for 1531 Kemble Street, South Bend: Dear Council Members: Our clients are requesting the approval of a partial Street vacation for a portion of Indiana Avenue adjacent to 1531 Kemble Street, South Bend, Indiana. This requested Vacation would allow for the reconfiguration of the Kemble Street property by adding additional land to the site. It will also allow for a • reconfiguration of the dedicated right-of-way for the north side of Indiana Avenue. The intent is to place all existing street improvements into a dedicated right-of-way. Once the Street Vacation is approved, a Subdivision Replat would be approved to create a single larger legal lot of record for the property owner. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, '144'4 ■11111h. A Michael J. Danch President Danch, Harney & Associates Filed t" - '314 &I; File No. 120222 "C" Md. JAN - 2013 1 r }1 Crry 1643 Commerce Drive • South Bend,IN 46628 208 West Mars • Berrien Springs,MI 49103 Office 574/234-4003 • 800/594-4003 • Fax 574/234-4119 Office 269/471-3010 • Fax 269/471-7237 &A ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South alley West of Michigan Street from Madison Street North to the first East/West alley. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first North/South alley West of Michigan Street from Madison Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. The alley is a part of the Original Town, now City of South Bend, Portage Township, St. Joseph County,Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend,Indiana,to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 160 through 165 inclusive of the Original Town, now City of South Bend. Section IV. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. 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. QUA-a O ( Member of the Common Co it Attest: • • City Clerk Otiy31 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 Films in Cialec.. Y , e' i READING JAN ?O PUBLIC HEARNG '"" eeC`" •N, 3rd faLA'J",NG CM C RK �`'"kdM MAD i14 NOT APPROVED r Y. REFERRED PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: December 5,2012 OF THE CITY OF SOUTH BEND,INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S),PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first North/South alley West of Michigan Street from Madison Street North to the first East/West alley. B. THE STREET DESCRIBED AS: N/A NAME (signed & printed) ADDRESS LOT# 1 615 N. Michigan Street, South Bend, Indiana 160-165 Jeff Costello, Chief Financial Officer Beacon Health System Signature Printed Name and Title Signature Printed Name and Title CONTACT PERSON (S) NAME: James Lietzan RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 2211 E. Jefferson Blvd. JOHN VOORDE,CITY CLERK South Bend, IN 46615 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND,IN 46601 574-235-9221 PHO • 574-236-4400 Filed in Cieries Office ant "imp,IN ti MARION STREET co o - 1 0 (0.000,../".."4"L 18-1004-0143 W 18-1003-0095 18-1004-0144.01 7 Eco 18-1003-0094 0, W 18-1003-0093 P18-1003-0089 0 18-1003-0092 18-1004-0148 14' 8150.0' MADISON STREET Filed Pn Cilo `t Office 18-1003-0100 0 18-1003-0112 0 LJAN13 .{ 18-1003-0102 jQt-ii •+YC#raa .� CITY C FIK,klt�kk 4010,IN LEGAL DESCRIPTION: The alley to be vacated is the first North/South alley West of Michigan Street from Madison Street North to the. first East/West alley for a distance of 198 feet and a width of 14 feet. The alley is a part of the Original Town, now City of South Bend, Portage Township, St. Joseph County, Indiana. 4/ BEACON Elkhart General Hospital ,,_ ` HEALTH sysmlw" Memorial Hospital. of South Bend January 8, 2013 Mr. John Voorde, City Clerk City of South Bend County-City Building/Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Alley Vacation City of South Bend, Indiana Dear Mr. Voorde: I am requesting the vacation of the remaining portion of the North —South alley lying between Madison Street and Marion Street and Main Street and Michigan Street lying within the City of South Bend,Indiana as representative of the Beacon Health System. This vacation was originally a part of Ordinace 10176-12 certified October 11,2012,but was removed from the vacation after approval by the Board of Public Works, but before approval by the Common Council. Beacon Health System has recently acquired the remaining parcel of land adjacent to this alley, not previously owned by Beacon Health System, and wishes to proceed with this vacation. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. It is in the interest of the City of South Bend and the Beacon Health System to vacate this property. Based on these reasons,I hope that you will grant my request. Thank you for your consideration,and if you have any questions please feel free to give me a call. Very truly yours, Filed in ,, Grebe$, ` aA►1��( �S n,7t1 4'::,+ '� ,1 Jeffrey P. Costello .,H. Chief Financial Officer „"io �' •` CM CLERK,40ki# .g CP Or 0 ,Vit;4J�J44„, o\: 1316 COUNTY-CITY BUILDING F� \= "i ���� /�, PRONE 574 235-9251 22.7 W.JEPPERSON BOUIEVARD =Za��� ii EI FAX 574/23f-9171 SOUTH BEND, INDIANA 46601-1830 =��� .�, ,; CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS June 26, 2012 Mr. Jim Litzen 'l'`” u M:r• DLZ Indiana,LLC 2211 East Jefferson Boulevard CITY ci • South Bend,Indiana 46615 —�;- --•3-._.:.,.-..., ...,_�__. 1ZE: Alley Vacation—The East Half of the East/West Alley and the South Half of the North/South Alley of the Block surrounded by Madison,Main,Michigan and Marion—Development of Parking Lot (Preliminary Review) Dear Mr. Litzen: The Board of Public Works, at its June 26,2012, meeting,reviewed comments by the Engineering Division,Area Plan Commission,Economic Development,Fire Department,Police Department and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Tony Molnar at(574)235-9254 prior to picidn2 up your radius map. You will need a radius map showing properties within 150'of the proposed vacation for your petition to the Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your alley vacation packet. Sincerely, -7Cfk427 .(_)1,•`v—A IL Linda Id.Martin,Clerk c: Federico Rodriguez,Fire Department Tony Molnar,Engineering Janice Talboom,City Clerk's Office - Michael Mecham,Engineering ‘A " /0{40-- (3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance No 10199-12 establishing the 2013 maximum salary and wages for all non-bargaining employees of the City of South Bend, Indiana on October 29, 2012. Upon later review of the salary ordinance schedule it was determined that a numerical transposition had been made in the 2012 salary ordinance for the Financial Specialist IV position approved in 2011. The ordinance showed a maximum salary level of$40,258 rather than$42,058 as had been established and approved by the Common Council in 2010. This transposition was not corrected for the 2013 salary. The purpose of this ordinance is to correct this error. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all non-bargaining employees of a 2.0% increase to the maximum salary. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: Maximum Compensation (a) The maximum amounts to be paid as annual compensation for a Financial Specialist IV for the City of South Bend, Indiana for the Calendar Year 2013 is $43,757. The bi-weekly amount is $1,683. • 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. Attest: Member of the Common Counc' nio City Clerk � lln��a { :a tags Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. City Clerk Approved and signed by me on the day of , 2012, at o'clock . m. Mayor, City of South Bend, Indiana Hied c Ch-- b:a JAN { �s REA°NC; Y t 4.-L3 Sn fo PU?LC 3 rd f.C/f,'F?G .ivkkr%`Q r ;; P C)m .i. tO\D CITY CLERIC,SOLirt.F e F PASSED 1200N COUNTY-CITY BUILDING ��\ ��j PHONE 574.235.9216 cU ���\ iii ii .,: 227 W. JEFFERSON BLVD. � mare � Fax 574.235.9928 SOUTH BEND,INDIANA 46601-1830 f � 1865 . CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE January 9,2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard,4th Floor South Bend, Indiana 46601 RE: Salary Ordinance Amendment to Correct a Mathematical Error for one Salary Category—Financial Specialist IV Dear President Dieter, The Salary Ordinance passed fixing maximum salaries and wages for calendar year 2013 contained an uncorrected mathematical error from the 2012 salary ordinance. In order to establish the proper maximum salary for the Financial Specialist IV position the attached Ordinance has been prepared. The mathematical error occurred when the prior year's 2.0% increase was calculated on $40,258 rather than the established salary maximum of$42,058. The 2012 maximum salary should have been set at $42,899 and the 2013 maximum salary should have been set at 43,757. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 S`reading on January 14, 2013 with 2" reading,public hearing and 3`d reading scheduled for January 28,2013. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7500. Regards, Filed in Clerk's Office 9 2013 Mark W.Neal - City Controller CITY C w . ,:. Yt„.'�0,9`r4"BEND,IN cc: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN q?c 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571 Wednesday, December 19,2012 S l-kr'�� 3 6,1/4,A, 001/4 3.. ri- A The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of City of South Bend and City of South Bend Dept.of Redevelopment,and MM Vance LLC to zone from MU Mixed Use District to LI Light Industrial District, property located at 1017 W. Indiana, 1527, 1531 Kemble Street and the vacant property south of and adjacent to 1531 Kemble Street,City of South Bend-APC#2657-12. Dear Council Members: I hereby Certify that the above referenced ordinance of City of South Bend and City of South Bend Dept. of Redevelopment,and MM Vance LLC was legally advertised on Thursday, December 06,2012 and that the Area Plan Commission at its public hearing on Tuesday, December 18,2012 took the following action: Upon a motion by John McNamara, being seconded by Dan Brewer and unanimously carried,the proposed ordinance of City of South Bend and City of South Bend Dept. of Redevelopment,and MM Vance LLC to zone from MU Mixed Use District to LI Light Industrial District,property located at 1017 W. Indiana, 1527, 1531 Kemble Street and the vacant property south of and adjacent to 1531 Kemble Street, City of South Bend, is sent to the Common Council with a favorable recommendation.This rezoning will facilitate the expansion of an existing business in an area under transition,an area which very well may see redevelopment activities that support the businesses that will locate in Ignition Park. 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, _` -,, 4/44A AA 6694 / ohn W. Byorni : > , Attachment C'i�, ` ; °'a CC City of South Bend �'t���,Y '��� "� City of South Bend Dept.of Redevelopment, `°�. ,,,,,''�' l� MM Vance LLC p `,,`,f ;' / Danch, Hamer&Associates . r.1!.!. SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stiosephcountyindiana.com/Areaplan Staff Report 12/5/2012 APC# 2657-12 Owner: City of South Bend, et. al. Location: 1017 W. Indiana, 1527, 1531 Kemble Street and the vacant property south of and adjacent to 1531 Kemble Street Jurisdiction: City of South Bend Public Hearing Date: 12/18/2012 Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LI Light Industrial District to allow a manufacturing facility and I I variances from the development standards. Land Uses and Zoning: On site: On site is an existing business. North: To the north is vacant land zoned SF2 Single Family and Two Family District. East: To the east, across Kemble, is a small business zoned MU Mixed Use District. South: To the south is an apartment building zoned MFI Urban Corridor Multifamily District. West: To the west is a business zoned MFI Urban Corridor Multifamily District. District Uses and Development Standards: The LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet,free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site Plan Description: The total area is just over half an acre. The existing building is just under 3,000 square feet, with an 1,800 square foot addition proposed. Buildings cover 20%of the site. There are three parking spaces south of the building. Access is from Kemble Street. Paving covers 7%of the site. Zoning and Land Use History And Trends: The apartment building to the south was rezoned in 2000 from C to B to allow apartments. Traffic and Transportation Considerations: Indiana Avenue has two lanes with dedicated right turn lanes. Kemble Street has two lanes. Utilities: The site is currently served by public utilities. Agency Comments: The Department of Community Investment(formerly Community and Economic Development) offers a favorable recommendation on the rezoning. Some landscaping is recommended along the north and west property lines. In discussion with the City staff, it is envisioned that uses similar to Ignition Park uses will locate east of Kemble St. Commitments: No commitments are proposed. APC# 2657-12 Page 1 of 3 Staff Report 12/5/2012 Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: I. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 20061 Objective ED 1.2: Encourage reuse of abandoned and unterutilized land and structures. Objective ED 2.3: Create opportunities for manufacturing companies to locate in the community. Land Use Plan: The Future Land Use Map identifies this corner as Mixed Use. Plan Implementation/Other Plans: The Rum Village Neighborhood Action Plan identifies this area as a commercial opportunity. 2. Current Conditions and Character: This area, located just to the southwest of Ignition Park, is a mix of uses, reflected by the zoning pattern. Many of the surrounding houses have been demolished in the past few years. 3. Most Desirable Use: The most desirable use is to support the expansion of the existing business. 4. Conservation of Property Values: Since many surrounding properties are vacant, this rezoning should not affect property values. 5. Responsible Development And Growth: It is responsible development and growth to allow vacant, unused parcels to facilitate the expansion of an existing business. Staff Comments: This is a combined public hearing which includes a rezoning and eleven variances. The Commission will forward the rezoning to the Council with or without a recommendation, and either approve or deny the variances. The petitioner is requesting the following I I variances: I)from the requirement of providing perimeter trees at a minimum rate of one over-story deciduous tree for every forty feet along the all property lines to providing a minimum of two trees along Kemble Street and a minimum of two trees along Indiana Avenue as shown; 2) from the requirement of providing a minimum 24 foot driveway in the parking area along the south side of the building to a minimum of 0 feet as shown; 3) from providing a loading area with adequate maneuvering space on site to no loading area and having a maneuvering area for vehicles and trucks as shown; 4) from the required 50 foot side residential buffer yard along the north property line to a minimum of 32 feet for a proposed building addition; 5) from the required 50 foot side residential buffer yard along the west property line to a minimum of 15 feet for a proposed building addition; 6) from the requirement of providing a minimum of 7 parking spaces to three spaces as shown; 7) from the 25 foot front yard setback for parking to a minimum of 13 feet along the Indiana Avenue as shown; 8) from the 25 foot front yard setback for parking to a minimum of 9 foot along the Kemble Street and Indiana Avenue as shown; 9)from the requirement of providing Type"C"full screening along the North, South and West APC# 2657-12 Page 2 of 3 Staff Report 12/5/2012 property lines to providing no screening; 10)from providing a 6 foot wide landscaping area along the South facade of the existing building to landscaping as shown; and II) from providing parking screening for the parking along Indiana Avenue to landscaping as shown. A portion of Indiana Avenue will be dedicated from the southern portion of the parcel. 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 and that all the variances be approved. Analysis: This rezoning will facilitate the expansion of an existing business in an area under transition, an area which very well may see redevelopment activities that support the businesses that will locate in Ignition Park. Given the current location of the building and that the angles of the lot lines and road are not straight, development on this lot would be difficult without these variances. Even though property to the north and west is zoned residentially, this area is in transition, given the number of buildings demolished since the 2011 aerials were taken, and may not need to be buffered as if a house were present. APC# 2657-12 Page 3 of 3 UWW LI • aC8 r mil , A 4 Imu L!"-: 771,4 Indiana Indiana all I E,3a 4% x h' ppi�p Rezoning from: "MU" MIXED USE DISTRICT to "LI'" LIGHT INDUSTRIAL DISTRICT N W , ; } E Zoning Classification r fimp SOUTH BEND"SF7'SINGLE FAAMILYAND TWO FAMILY DISTRICT S SOUTH FEND"tIFr"URBAN CORRIDOR ULTIFAMILYDISTRICT inch = � feet SOUTH BEND"MU"f IXED USE DISTRICT SOUTH BEND"LE LOCAL BUSINESS DISTRICT �� � 2���-� SOUTH BEND"LI"LIGHT INDUSTRIAL DISTRICT 2 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 317 W. JEFFERSON BLVD.. ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND. INDIANA 46601 (574) 235-9571 December 27, 2012 Honorable Common Council Of The City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Bill # 63-12 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced petition: Ordinance: 1) A typo was fixed in the legal description. Written Commitments 1) A typo was fixed in the legal description. If you have any further questions, please call me at 574-235-9571. Sincerely, Christa Nayder Filed In C �r't Office Planner Ear; : 21 2012 CITY CLERK, a N BEND,IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA, 8 ROSELAND W W W.STJOSEPHCOUNTYINDIANA.COM ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST INDIANA AVENUE, 1527 KEMBLE STREET 1531 KEMBLE STREET AND THE VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE STREET, SOUTH BEND, INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT TO OPERATE A MANUFACTURING FACILITY. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as 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 NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS # 16 THROUGH 20 OF THE PLAT OF "THOS E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER OF ST JOSEPH COUNTY, INDIANA"AS RECORDED BY DOCUMENT NO. 1890017 IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.60 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 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 Council 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,20 , at o'clock .m. City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. Mayor of the City of South Bend, Indiana stied Pn �:� > co Offi CITY=RA., .',.:.ti 3 a a3END,IN \t.\ I3 .b 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 127 W.WASHINGTON STREET, SOUTH BEND,INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the 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: 127 W. Washington Street, South Bend, Indiana. in order to permit a Special exception for tattooing and body piercing at the above address. SECTION II.Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is 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 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. (0" a (Do Member of the Common Council / f j 3 ir4 w Filed In Clerk's Office E"--'..-loc,,TIc_t_ _12_ CITY C RICNSnUTF(BEND,IN PETITION FOR ZONING VARIANCE AND SPECIAL EXEMPTION TO EXPAND INTO TATTOOING AND BODY PIERCING Petitioner David Martin Bicycle Gallery 127 W Washington ST South Bend, IN 46619 cell: 574-440-2184 Greetings, The purpose of this petition is to seek a zoning variance and a special exemption to allow a tattoo, body piercing establishment to be operated in the Central Business District and to change the maximum allowed 2 controlled uses within 1000 ft to 41 within 1000 ft. Bellow are some of the steps I will take to insure that my business will not be injurious to the public health, safety, morals and general welfare of the community. * Bicycle Gallery will follow all city, county and state ordinances. To help maintain safe working practices and stay on top of the most current trends, we will also be joining the Alliance for Professional Tattooers and the Alliance of Professional Piercers. All employees will also be attending seminars at a number of conventions throughout the year. * No one under the age of 18 will be permitted to receive a tattoo, even if a parent gives consent. For piercing we will refer to the South Bend tattoo ordinance in deciding appropriate ages for various piercings. * The hours of operation will be noon to 8pm, Monday through Saturday with the exception of First Fridays where we will stay open till 9pm. The use and value of the adjacent properties will not be.affected in an adverse manner as our goal is to be a part of the thriving art scene downtown. Bicycle Gallery has been working very closely with Tamara Nicholl-Smith, the Director of Downtown Business Recruitment, to reach these goals and she is in favor of how we will present ourselves in the downtown area. Also I have included a letter from the property owner showing his approval of tattooing and body piercing to be practiced at this address. David Martin , INDIANA LAND rizu5T 108/801 0 NNOlo wilt' ST SUITE 711 .r3. U J fl REND, TN 46601 574-288-460/ 574-233-9991 FAX October 15, 2012 To Whom this May Concern, We have leased 127 West Washington St. South Bend, IN 46601 to David Martin to open an art gallery. Mr. Martin would also like to do tattooing of which we are in favor of. We have had the occasion to discuss this with the JMS Building tenants as well as DTSB have received favorable responses. Sincerely 0 —.../111rar I .•Tana Land s `� . irPartia Lena, • 1,ofl�s N fill;�-" - O-•• OSEPif'' I,•, '2 a / p p • -,e) 4 p § a 4 • 0 • n `i`t -:. .` 6$ l �-,o•'J C::l7�J i7�`�° l7 '4''''" 1 `•? ___ 5�,. �d-"4 `§' •--. f' ,>.•zw # z`^x j` " om - Fe x,� r r2s r-+" - S ,+ , ¢ yi; ? *:4 ' ' V"'""-": x a ' �t* £F .. . , , bg } J,. - . � 1 � r m f�II A x UQYi-ii iW2 s r., I 5 � .' �i F 0 -s P'� �1• �9r � ; " A - •��* { l{s ju y .. am .. s9- to 5'4 .r ri, .S .., _ ▪ _astw.,,c .sr E r 7q x O O p t + 1 � Y i- i t ~ r_ i St,.,--1-'•••' � S• Y C t "' i t y� O ! . O. „ICI " `O 0g r ' '. 2 otiI T e- : . _ :. ' o O r; RS r • t. 0 pv s / T r O ._-:_ N p ? 7 ! •CO . rm t r;7 61Ca - 0 t ,.i5 . . 9- 0' M—C m',. d� 7. .- ss9 _� eMpob o_ > . o :- CO,v na - / s C 3 � M x t]. • !m a � n�ip �57 'C i 4"n O ! �e ' � O' 9149 • "`: .t �%�4.FO `9 • 4[21i r, I C N '' O o co el ilsoUL S O, * --� a( s t ` 4 p' y _ijm.* -, r• C: , ,4.f: r1M •� — _—j.. .} C e'E.a a 7ta U 3 ` 'O-- 1..:1111111P.11^,71'174:04.4':‘ I. l 99 7t- _ ;-� -A^A0 c xi 4r i, , ---377 _t" s k y >t,7 • , s4 v r.. . � - ?- f , i w �`�a . " �� a:, ,.,z j (t- k* T H ,.,� - t - v-1- J .,t 3 ' iS�lfbi �c�. - • z x : -5a-- --< S. �r i, - ass➢ r 1 ', ,-; ng i • Y ii - 99 ie '-i,s9 -! 2Z :ZL 'Zyse 99 - -- 00 p t(y "A 34."1-,...-.at Ci r x r:- M O r s.- CO a" z ? 'CO y �'- .� :a O .._-:O''<' O � .O a r i ..�' p��r ,6< .. i-• u.� O' ,❑ � t�. :0'��3" � CSR x0 r �.,• O _..�/,�C� _� Q r is EOBr e- %'_ O N _ ' )' G *- it ,� `° X f s.m.-- r "�.r, ' '' 07- ' O _ 6_._.- •t � r .M T. t--+'r n E: -.- ....t! , tL'^ 4 - p PI .' . / f�O M '4,-4-17.:r..---',t. ('R ;-:::::::::,4--.:p:�+.f :G- O J a x•J - O N �'�Oge— i ,* -N:r V �p 4'O r.4 i f : '. 1- 'Cy: X,.t } .` °Y/.,i ,� { ,.,', 4 gs :,::„:.„ . _ . . .....:,: , , ,,„ ,..,..t„, po t om. '& L� ry,� c:;. :° _ fit 1 la rr. '' w . ....:.,.:,...... . . ...,... y�i r aSV t ^ w -y � 3• ti-, 0 OI j y ; '"t,o,� ZL60 0 of Ji , c� ,ter > _ 4 4 --OD C ,:a r Z 6 i'p _C: : p Y t R / 9OQ£} 9 Icy ' :els County Parcels Re PARCELID NAME 1 MAILINGAD MAILINGCIT MAILI MAILIN PROP ADD PROP PROP ZI c D NGST GZIP I R PROP CITY COYNE STA p MARY 018-1008- INVESTMEN 1428 1 0317 TS LLC Hamilton Av Cleveland OH 44114 MAIN21-123 South Bend IN 46601 INDIANA LAND 018-1002- TRUST 108 N Main 2 0075 #12508 Ste 710 South Bend IN 123 46601 MICHIGAN South Bend IN 46601 COLFAX PLACE ASSOCIATE S LPC/O HOLLADAY PROPERTIE SATTN: JAMES W 018-1012- LASKOWSK P.O.Box 122 30475 I 1331 South Bend IN 46624 LAFAYETTE South Bend IN 46601 INDIANA LAND 018-1008- TRUST 108- 108 N Main 4 0330 118 St Ste 710 South Bend IN 46601 118 MAIN South Bend IN 46601 CITY OF SOUTH BEND DEPT OF 018-1008- REDEVELO County City VAC LOT 5 033002 PMENT Bldg South Bend IN 46601 MAIN 46 • MICHIGAN 018-1002- STREET 101 N 6 0076 LLC Michigan St South Bend IN 111 113-5-7 46601 MICHIGAN • South Bend IN 46601 113-117 • NORTH MAIN STREET . 018-1008- LAND Po Box 7 0319 TRUST 11545 South Bend IN 46634 115 MAIN South Bend IN 46601 018-1008- SIMERI 24989 0315 LAURA L Layton Road South Bend IN • 46614 129 MAIN South Bend IN I 46601 • 018-1008- CEOL MOR 126 S Scott 0316 INC St South Bend IN 46601 1125127 MAIN South Bend IN 46601 • • MHM 129 018-1002- REALTY 2610 MICHIGAN 10 0073 LLC Twixwood Ln South Bend IN 46614 STREET South Bend IN 46601 115 018-1002- WASHINGT 11 0078 BKT LLC P 0 Box 540 South Bend IN 46624 ON South Bend IN 46601 MICHIGAN STREET LW C/O BRAD 018-1002- TOOTHAKE P.O.Box 101 . 12 0080 R 540 South Bend IN 46624 MICHIGAN South Bend IN 46601 CITY OF SOUTH BEND DEPT OF County City 119 018-1008- REDEVELO Bldg Room WASHINGT 13 033501 PMENT 1200 South Bend IN 46601 ON South Bend IN 46601 211 W WASHINGT DILLINGHA 64 ON 018-1008- M HILL RE Washington HOLIDAY 14 0321 LLC Ct Quincy MA 2169 INN South Bend IN 46601 INDIANA LAND 018-1008- TRUST 108 N MAIN 15 033003 #11298 ST STE 711 South Bend IN 46601 INDIANA LAND 018-1008- TRUST 108 N Main 106 108-110 16 0331 108/801 Suite 711 South Bend IN 46601 MAIN South Bend IN 46601 CITY OF SOUTH BEND DEPT OF Room 1 200 117 018-1008- REDEVELO County City WASHINGT 17 033602 PMENT Bldg South Bend IN 46601 ON South Bend IN 46601 SOUTH BEND TRANSPOR TATION 4. CORP% KATHLEEN ROEMER 018-3006- CONTROL!. 1400 County 18 0190 ER City Building South Bend IN 46601 120 MAIN South Bend IN 46601 MICHIGAN 018-1002- STREET 101 N 103105-7-9 19 0077 LLC Michigan St South Bend IN • 46601 MICHIGAN South Bend IN 46601 • 113-117 NORTH MAIN STREET 018-1008- LAND Po Box 20 0320 TRUST 11545 South Bend IN 46634 113 MAIN South Bend IN 46624 VALLEY AMERICAN BANK& TRUST CO NATIONAL CITY CORP 215 018-1012- ATTN:DON PO Box WASHINGT 21 0477 PATTON 52427 Indianapolis IN 46255 ON South Bend IN 46624 DILLINGHA M HILL RE NE COR OF LLC ATTN: 64 215 W 018-1012- PAULA Washington WASHINGT 22 047701 HOLLAND Ct Quincy MA 2169 ON TARGET LEASING CORPSEE 21533 018-1002- TRANSFER Golden 119 23 007501 NOTE Maple Ct South Bend IN 46628 MICHIGAN South Bend IN 46601 216 218 018-3006- HEBARD 216 WASHINGT 24 0171 TOWER LLC Washington South Bend IN 46601 ON South Bend IN 46601 200 018-3006- ST JOSEPH County City WASHINGT 25 0178 COUNTY Bldg South Bend IN 46601 ON South Bend IN 46601 TEACHERS 128 018-3006- CREDIT 128 WASHINGT 26 0184 UNION Washington South Bend IN 46601 ON South Bend IN 46601 TEACHERS 018-3006- CREDIT 110 S Main 27 019001 UNION St South Bend IN 46624 INDIANA LAND 123 018-1008- TRUST 108 N Main WASHINGT 28 033201 108/801 Suite 711 South Bend IN 46601 ON South Bend IN 46601 113-117 NORTH MAIN COR STREET WASHINGT 018-1008- LAND Po Box ON AND 29 032101 TRUST 11545 South Bend IN 46634 MAIN ST South Bend IN 46601 r • 113-117 NORTH • MAIN STREET 018-1008- LAND Po Box 30 0318 TRUST • 11545 South Bend IN 46634 117 MAIN South Bend IN 46601 NGUYEN BAO N& 208 W 018-1008- OANH P COLFAX 208 31 0313 NGUYEN AVE South Bend IN - 46601 COLFAX South Bend IN 46601 NGUYEN BAON& 208W 018-1008- OANH P COLFAX 133 131-135 32 0314 NGUYEN. AVE South Bend IN 46601 MAIN. South Bend IN 46601 SOUTH BEND PUBLIC TRANSPOR TATION 227 W 018-1008- CORPORAT Jefferson 126 N MAIN 33 0322 ION Suite 1400 South Bend IN 46601 ST South Bend IN 46601 018-1002- YUEN KING 114 W 114 34 0070 EN COLFAX South Bend IN 46601 COLFAX South Bend IN 46601 018-1002- SHEIN CART 127 N 127 35 0074 G Michigan St South Bend IN 46613 MICHIGAN South Bend IN 46615 018-1002- YUEN KING 114 W 112110 36 0071 EN COLFAX ST South Bend IN 46601 COLFAX South Bend IN 46601 108 COLFAX& 018-1002- AMARAL& 137 N 137 37 0072• JONAS LLC Michigan St South Bend IN 46601 MICHIGAN South Bend IN 46601 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 December 6, 2012 The Honorable Common Council • of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Martin/Bicycle Gallery ABZA 12/5/12 Dear Council Members: The above referenced petition of David Martin/Bicycle Gallery was legally advertised on October 28, 2012. The Area Board of Zoning Appeals gave it a public hearing on December 5, 2012, 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 of David Martin/Bicycle Gallery to allow a tattoo, body piercing establishment in a"CBD" District, on property located at 127 W. Washington Street, 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, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS MARTIN/BICYCLE GALLERY FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building,fire safety,traffic, and parking regulations as to not being injurious to the public health,safety,morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN 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: ADOPTED this 5TH Day of December,2012. YES NO MICHAEL URBANSKI RANDA'PL MATTHYS JACK YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH 1( . (A. Po , ( 3O 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 1107 MISHAWAKA AVE. SOUTH BEND,INDIANA 46615 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: 1107 Mishawaka Ave. South Bend, Indiana 46615 in order to permit a special exception use for tattoo&body piercing. SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is 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 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. V)04.1, 8 ,6,-*)^ 4,- Member of the Common Council } Hied in Midi's k.,, CITY CLERK, 3UU f$B WC,IFS To whom it may concern: My name is Gabriel Windt,I have been a respected professional tattoo artist for 10 years. I have an extensive background in graphic design and fine art. I am requesting a special exception for zoning of a tattoo and body piercing studio located at 1107 Mishawaka Ave. South Bend, IN 46615. This property is currently zoned for local business in Portage Township. The reason I am requesting this special exception is because I would like to start my own business. The business will be a beautiful and modem tattoo studio that will be unlike anything else. My focus is to create a very professional artistic environment that is more than just any other tattoo studio. I will be creating an art gallery that will support local artist and give them the ability to have more exposure for their work as well as the ability to sell their work and have featured exhibits. I will also have retail space where I will sell my brand name clothing line and other various merchandise. I will also be hosting creative art instruction workshops to the community. Currently the property in question is greatly in need of renovations,which I plan to start immediately if I am approved for zoning. The renovations alone will not only beautify the property itself but will also benefit the surrounding property owners by cleaning up a portion of the neighborhood. This could help bring some life back to the surrounding area and also bring some more attention to the other small businesses located in the surrounding area. Another focus of mine is to be able to be more involved with the community. I participate in South Bends"Art Beat"as well as"Arts Cafe". I have been commissioned for my artwork by respected small businesses in the area such as Comdance Tavern,Hana Yori restaurant, and also by the university of Notre Dame. I will be hosting promotional events that will also promote some excitement to the area in a very tasteful manner. Thank you so much for your time and consideration, Gabriel B. Windt 1125 Blaine Ave. South Bend, IN 46616 Cell#- 574-222-5837 I-7- ..' ..-._. H ' I -1--- Na . I \ , 9 \ , 1 1 ! I ,sh . , 1 . I \ . . . 043 1 . 1 I I 1 • $ 11 1 ! t . I 1 , I ! . ...,4' i , ---- , \ t , i i ..-0.. . ., . ------------ ,,,_n 4 , i - ----..,,..... ';: i '3' c-4 ..s- ,3-1 - "-----......si i; I c:■ . , . I. 1 // , 1 : i 1 '. / / / / . 1 • V/ I / 1 Lal . /if Cr' / ... .. ' .. / / / `,.,.. . '''''.... ... / / . / .%4. • /.., / / .., . . •1/4 .....-: i • . ,,. --. . •, r . ..„. ,_ .. .. ... -N.:- .... -- / r.. - -. .., , I 1 I S "y ..., .. . -...., -..s . ...... :,......,-...... MACRI NICOLA& IMMACOLAT A&MACRI FRANK AS JOINT TEN 018-6114- W/ROS NOT 22890 State 4058 AS TIC Road 23 South Bend IN 46614 018-6114- GREDY 608-614 S 4056 TIMOTHY B Eddy St South Bend IN 46615 CURTIS ROBERT A& ELIZABETH A &AMYEJT 018-6116- W FROS 1229 4149 NOT TIC Longfellow South Bend IN 46615 LILLCArIC LOUIS B AND MARJORIE S TRUSTEES OF MARJORIE S • GILLESPIE 2002 AMENDED& 018-6116- RESTATED 1142 Belmont 4142 REV TRUST Ave South Bend IN 46615 U7tf-bIlb- MII,UU 4143 AMIKA 1146 Belmont South Bend IN 46615 018-6116- ZAWALICH 1219 415101 CHET Longfellow Av South Bend IN 46615 ILIA 018-6116- JOHNSON " Longfellow 1 4151 CHARLES L Ave South Bend IN 46615 018-6131- ZAWALICH 1219 4644 CHET Longfellow Av South Bend IN 46615 DENNIS L JR AND LIFE ESTATE FOR 018-6116- GIRTEN 4152 SHARON PO Box 1499 Covina CA 91722 vvCIVHIVU 1 WJ 018-6116- ENTERPRISE Mishawaka 4153 S LLC Av South Bend IN 46615 11,1 018-6131- PEACOCK Mishawaka 4645 SCOTT H Ave South Bend IN 46615 1223 018-6116- JOYCE Longfellow 415001 SUSAN C Ave South Bend IN 46615 PARCELID NAME_1 MAILINGADD MAILINGCIT MAILINGSTA MAILINGZIP 018-6011- SEDAM 3028 Prairie 0235 DANIEL R Ave South Bend IN 46613 M&B PROPERTY 018-6011- MANAGEME 920 W 022401 NT INC Washington South Bend IN 46601 HANDLEY MITSUE REV TRUST W/LIFE ESTATE MITSUE 018-6115- HANDLEY 710 S Eddy 4103 TRUSTEE St South Bend IN 46615 MONKEYHO USE MARKETING 018-6011- AND DESIGN 20980 Hush 0241 LLC Breeze Ct South Bend IN 46614 PRODUCERS 1105 018-6011- MARKET CO Northside 0253 OF S B Blvd South Bend IN 46615 M&B PROPERTY 018-6011- MANAGEME 920 W 0227 NT INC Washington South Bend IN 46601 BRENAY 018-6116- JAMES A& 216 Wildemer 4167 PHYLLIS M Dr South Bend IN 46615 ZIELINSKI JEFFREY A& 018-6115- FEYOS 1141 Belmont 4127 ASHLEY E Ave South Bend IN 46615 VISSER JOSHUA A AND 1122 018-6116- RACHEL S BELMONT 4137 HIW AVE South Bend IN 46615 BRADY STEVEN J& 018-6116- MONICA 1130 Belmont 4139 L.W.BRADY Ave South Bend IN 46615 • • 018-6116- BROOK 1134 Belmont 4140 CARA R St South Bend IN 46615 STRANTZ 018-6116- PHILIP R& 1138 Belmont 4141 SUSAN C Av South Bend IN 46615 018-6011- PF PATMAR P O Box 0230 LLC. 11529 Fort Wayne IN 46859 FARMERS MARKET INC ATTN: 1105 018-6011- WAYNE Northside 0250 SAWYER Blvd South Bend IN 46615 018-6011- PF PATMAR P O Box 0228 LLC 11529 Fort Wayne IN 46859 1105 018-6011- FARMERS Northside 0249 MARKET INC Blvd South Bend IN 46615 • 018-6011- SEDAM 3028 Prairie 0236 DANIEL R Ave South Bend IN 46613 1105. .• 018-6011- FARMERS Northside 0247 MARKET INC Blvd South Bend IN 46615 1105 018-6011- FARMERS Northside 0246 MARKET INC Blvd South Bend IN 46615 018-6011- SEDAM 3028 Prairie 0234 DANIEL R Ave South Bend IN 46613 • NANCY JOHN LOUIS BAMBER JR &EUGENE 1145 018-6011- JOSEPH Mishawaka 0233 BAMBER Ave South Bend IN 46615 1134 018-6011- WELKER Mishawaka , 0232 JAMES N Ave South Bend IN 46615 BLOSS DEL • 018-6131- &DARYL RE 51324 4650 #1 LLC Colleen Ct Granger IN 46530 ERICKSON KAY K& CAROLYN A AS TRUST OF ERICKSON KAY K& 018-6116- CAROLYN A 4171 TRUST. 55792 Byrd St Osceola IN 46561 EDISON 018-6115- DOUGLAS E 4104 &KAREN R 1101 Belmont South Bend IN 46615 • 018-6116- 1114 Belmont 4136 IGAZ JULIE A St South Bend IN 46615 018-6115- LEE 4102 BARBARA L Po Box 895 Granger IN 46530 018-6115- SHUAMBER 702 S Eddy 4101 ANDREW J St South Bend IN 46615 CUMMINGS . THOMAS C& 018-6114- KATHLEEN 1115 E 4059 SPROWS Bronson South Bend IN 46615 TOWNE LAWRENCE CIII& • 018-6114- VERONNICA 1119 E 4061 L Bronson St South Bend IN 46615 LASATER JOHN • 018-6114- MICHAEL& 1123 Bronson 4063 LOIS T St South Bend IN 46615 THOMAS BRYON W& 018-6114- REIMBOLD 1127 E 4065 REBECCA C Bronson St South Bend IN 46615 THOMAS . . BRYON W& 018=6114- REIMBOLD' • 4067 REBECCA C 1127 Bronson South Bend IN 46615 018-6114- SLEEPER 1135 E 4069 VELMA G Bronson South Bend IN 46615 • WRIGHT 018-6115- JASPER H& 1117 Belmont 4121 ARLETTA J Av South Bend IN 46615 WRIGHT BRADLEY& 700 018-6115- MARGARET Michigami 4122 M Trail Chesterton IN 46304 018-6115- ANDERSON 4100 KENT H 517 Carroll St South Bend IN 46601 SAKWA MICHAEL& ROBERTS 018-6115- PAULA AS 921 W Weber 4099 TIC W ROS Sq South Bend IN 46617 WHITCOMB 018-6115- ARTHUR A& 1102 E 4098 JUDITH Bronson St South Bend IN 46615 VON LACKUM 018-6115- JOHN P& 1116 E 4105 SANDRA R Bronson South Bend IN 46615 -" LOFY GLENN 018-6115- M& 1120 E 4106 SHELLEY K Bronson St South Bend IN 46615 018-6115- ZEISZ KEVIN 1124 4107 F&KATHY J Ebronson South Bend IN 46615 JAQUINDE 018-6115- ROGER& 1128 E 4108 ARLENE N Bronson South Bend IN 46615 BRUNNER THOMAS J 018-6115- JR AND 1132 Bronson 4109 JANICE E St South Bend IN 46615 BRUNNER THOMAS J 018-6115- JR AND 1132 Bronson 4110 JANICE E St South Bend IN 46615 COHEN JAMES A 018-6115- AND 1140 E 4111 SHARON K Bronson South Bend IN 46615 PRODUCERS MARKET CO. 1105 018-6011- OF SOUTH Northside 0242 BEND Blvd South Bend IN 46615 1134 018-6011- WELKER Mishawaka 0231 JAMES N Av South Bend IN 46615 MONKEYHO USE MARKETING 018-6011- AND DESIGN 20980 Hush 024001 LLC Breeze Ct South Bend IN 46614 BRENAY 018-6116- JAMES A& 216 Wildemer 4169 PHYLLIS M Dr South Bend IN 46615 BLOSS DEL 018-6131- &DARYL RE 51324 4651 #1 LLC Colleen Ct Granger IN 46530 1145 018-6131- BAMBER Mishawaka 4648 EUGENE J Ave South Bend IN 46615 UvLCIV 1 Iv9 018-6011- DAVID AND Mishawaka 0224 PAMELA D Ave South Bend IN 46615 1147 018-6131- PEACOCK Mishawaka 4646 SCOTT H Ave South Bend IN 46615 HULL 018-6115- JEFFREY L& 1125 Belmont 4123 KATHY S Ave South Bend IN 46615 DETLEF 018-6115- RICHARD E 1129 Belmont 4124 &JO ANNE Av South Bend IN 46615 EVANS SEAN 018-6115- K& 1133 Belmont 4125 CAROLYN C St South Bend IN 46615 GLECKLER 018-6115- EDWARD L& 1137 Belmont 4126 ' CAROL K St South Bend IN 46615 CITY OF 018-6012- SOUTH 1200 County 0270 BEND City Bldg South Bend IN 46601 COCHRANE ROBERT M AS TRUSTEE OF THE ROBERT M COCHRANE 018-6116- REVOC TR 4 1202 Belmont 46615 4144 12 95 Av South Bend IN , PARKER 018-6116- THOMAS N& 1206 Belmont 46615 4145 KAY E Ave South Bend IN 018-6116- BRUCKER 1210 Belmont 46615 4146 LESLEY A Av South Bend IN PENIKIS 018-6116- JANIS J AND 1214E 46615 4147 GUNDEGA Belmont South Bend IN 018-6115- DAVIS 1144 E 4112 JESSICA A Bronson St South Bend IN 46615 SEAGO LOUIS M III 018-6115- AND JANICE 4128 M 1145 Belmont South Bend IN 46615 018-6115- BARAN 1149 Belmont 4113 LAURE Ave South Bend IN 46615 WHEELER RICHARD J 018-6115- JR&NICOLE 1204E 46615 4114 M Bronson South Bend IN 018-6115- BARAN 1149 Belmont 4129 LAURE Av South Bend IN 466151 AGAN RICHARD W AND 018-6115- CYNTHIA M 1201 Belmont 4130 NESPO Av South Bend IN 46615 BOLDEN 018-6115- MAXIE D 4131 AND RUTH 1205 Belmont South Bend IN 46615 1209 E 018-6115- SILVERMAN Belmont 4132 JANE ANN Avenue South Bend IN 46615 s�a�tt!J a .r E E+ N "�'^r.�•N ¢'. —>nt t »^5} i N �„ ,•N e `� i5 "r a4 a d a„+��a 1 t . LL ,.� l" s;.° :4' . - LL y t. d m u-3 ' 7. N s y w 3-'-.'- p, y + - N 1 �� ,,, �v.. t'`;t .',7 .t'.1-,.. •_ m ,," �t,3S JaAOI'.�.«,,..... ELI}ug& s*- x«`. k 3,}' `\, u_ C 1::::::'II 1 ' y.a! L ;t .'3L 3} >x a ; �`�,;,,. i� { i .tl tP at�'F ,.4 t04 i w "1T' a'j (/)d. r � V "°,_„<'.___. ;cN rY� T T ,OOir�t i s' jF� '°k *L ,�h n `ej, e tt }� r N t�f..�-.-.-..�.rr�j$•, �>a,�y ���„A ., 1 1 rt � x 11.6 ,/'p�rb „,,,,-;,,c',.......; L3L � ..: m �{ .`' �LL • F m ..xc,3+- n <c. {' rte'' �i'`F n pUe���b `3'” � :t .t5�{ '' <-,,. ;� �+t`�.% \ ?•!, � '� � },; {gym g f/� ,2-4.7.=.:'4;1 .,4% - f'` cz�r: ,-, x, mj t➢ fly i 1r„ .x . I - tt'. • Az'�� LL °-'', .t y° ' - . ,/" Ste / :.. `� r r a. - fn a /" L/ z r'" { 4 . u" 4 r,.` 'S a' : r "„ { ` ...,;.(..A..,,,,.:„ .., -: ,.,t .n,.tr• `' l `i'J t; ':.t. r xu '.,.:,"-'21`,P g r r° .fir '•�,�11 ` r t?.. 8At/UOSl81.U3, P x - a 'r r i+ LL � g';';;- ''':-.----=''''-;;-•-•,-- 'LL i'mP-. .'. ;` F e +s i`'i' 3° t ... a� .t. 4 .U ,.�r,+t' z l,'.EyV"; sO// :>: .S ` 'x�ffi a, "..;3 +t t M t t 8 4 '-wy�1" y'�-.., {tt��..' ;'. 4e /� , jN zy. r° r� s^'K �( e � y.. +�,�."' �• ,r^. <' '4 a ,°��,Pi�' (1O �z.. t�zk ; z'.�. '."*1.f: 61-=c,',_,::..,,..,...„. .,.':b a: a g - ;-s x F, Pt i� • rr -z:'T t 'E . a3, ,�' s, .. ,:k',-'-',' J., r ti if'-' -'0.:.:''''''''';;:7:', eyc'st ,ry. r3 1 �a�'•:- a�. O$ „T'' � C� `�`- xbl�c,ex �r a �.� N ;>n .i .macs /� /',/ k. ..^s. .». .,a •� Y" f, �+°'" / "- _ ,,,t. rt '' --., 7rii+... z--k' s 0. N ma y'. l':''."-----'-'r °' • ' \:. � F S= ca;$2st1101 * . t j, 't - .P:,:'1 r* 4�¢` v 1.e r,:v-•-..--.- t ,; -:Y.0 d s rj �'. 9 .:. x � y �5-+^". .. "!,,,z,...;,`'.'' r �5 `y rt r1'w ,,.5 S. `� �H1,4': 9 ' ' < :--...:Jot.,. • } . .s 9r� n, �� t„ s,.. .S it rt -¢' ,rat ar�� L �.� •` +r 'z r - �� ' \ ;y r � u 3t .", ,+9 ,e il` 1 c i et �: !'Y '.i 1 ,,_° Kr4t' e kt�`.. k ,'.a . .... 4.,'. ..4.,-..,.r � _•:a ci ci • 2\� J; �. � • ;p• apt�a t rP .r z "�a ,- ,!� ��+`:.t t e k G 3�9 � fa t .�"`>tv r { ' 4 �1'1f,..7 t 4a. ,,', t ;V-. Vi } , -�,p+„>, '� i�.,y9 - a .4 5 _. ;Y:, '.0,L.'Gz f r 01.-4.t.'' r, .h'H': I ,:f.-, �Sr N. `'�"' s�' .. * f. -c•t; t ` ''•,.`- p•‘41.'?'' ',},"g17' _ 1�j�` 1 b :t, 1 k , !'k k o- y „.-,4-;.-irr "`^ C' s >.� t • r ': � -1,,,�'G . e x ` r z ss ': r qt 4:'.. 0 .�.. ,!-...,-:::,_;;;i:',1 - c �" s Pr .:,a r «f^�„'s`” ,� l ' Pte, �"tR° F¢ �` Y t yr:'. '��, x< 1t '1 Z § g a .- e e 1 yC 'a a '1 r.�,, .rsd'e 'o- -€ / `�� r .147.,',.a 1 r r b ,. Yr J , r . . ., , x- - -"'t;':'� r-. ,i i :r / :tr._,• ,emu .. . .�. ,,,-- >• '6`�f%�'�� '°'�,, Sy '-'-e„\'S„£ .,i z ri'" w'„ ,--,,I.-. _ ie f r' f SL.8+.5 .: f t r- .. \ 4 ,',+II< t1.•-• Mr`, `� e. t?. ' ; fy ) ,r< '��rr 2f *,.v.'.' ,- v.S 3. 'k�.. -q 4 t r`.,4' r s'H` Y „ ,,,,,r,..-.",'-f r ftt�� ‘1,'-,.,‘„,a,",-c N,fs „a -vim'' v \ t 4t r rixC v {r \ ,+r � r s c a '” I m �' �g L �{i f��,+ f r4 z d ' �� '�a �'� � ` r �°� �-'.+ � :;:4:.:.;:,'#'4::',.Sd,:....;,:,,i,, .'-0'...:'11-4 !,=="-•*,:- a z'” ? ax 'r7 LL i n, "� -T.r�1 - i.`;1 + �....„ ,i:""} N N: �-',v A t r \d "1,,i,v \r do t t F =r• t + N. ors '� � .'' Mx -fir C ?• ' �� i i ,.t -� y:s-- 3:;;,,,,,.;,',,,,, �O v '4'.. F;,,, ;1:-.-°-..;-' �' ..< �--"-• '. 1' aRi°. \ r• ' y,`�r "d •CF t. s{ t G� y ! ,i --S =Y C7 P YS YR _� +� :l m �:` t',/.G_ t 14 'rte rx ?�� y. ,' `a•``' a `y� `'r g.•• ?;• l! y ", sY" tx (n �y ( ,\,,,,,,,t4'.... txxft`"^ ., t.G d aY„ '7°t a +,fib f '-,?" - cX `� /`/ fii -cos t. F{a �, 4 .�. dr '` +1'- a• �'"'.n �' &" � � i. ,y.. `' fi ' P t.;;;;„•,-,,,,,,, "` ",a yy' c'c k(.i 1 t�x'°. tti�i .4t ," 1'rx-y A�1,_,,,.'7,"r-,-.L x �:• } -,= �� z %s fi' -•.`- , ."- '7',r,eb +x t*`-n ab .N p ( s a� .1P' 1.:: ''`�,, 'AA...'!J1 -,,,":„;-.44.:'.;.4:,r,..`..,-. � Ar $r �"". .!•C7 Ise �y1 < LL L Y y , atet 1 ` \ k e ;a r" , W ra pl�4`�.` P.O� Yty s _''t z ': sit ' . 4k a a0 . � N ,n tY ' s a q¢i 4"Gs[0N4;C �� .. LL� ii � .' ¢ e b t- ti 5� 4 Ur ?A,'"F r ;.r_ T 7,1 v.6,,,,,,,i',"' j F- �`' �-.- (A a 4O CpkLL 2 ,,`:.. ; :: .:€a: .� i �,{i) • W f - e ft 6.x w J .x,..9 a.:..s . Y.'. o-.�;r is`.= :';`"i16111:#2:''''.t:.+n� L 'r AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 December 6,2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Gabriel Windt ABZA 12/5/12 Dear Council Members: The above referenced petition of Gabriel Windt was legally advertised on November 23,2012. The Area Board of Zoning Appeals gave it a public hearing on December 5,2012, at which time the following action was taken: Upon a motion by Mr. Hawley, being seconded by Mr. Phipps and unanimously carried, the petition for Special Exception to allow a tattoo and body piercing establishment in a "LB"District, on property located at 1107 Mishawaka Ave., 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, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS WINDT FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building,fire safety,traffic, and parking regulations as to not being injurious to the public health, safety,morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: ADOPTED this 5TH Day of December, 2012. YES NO © MICHAEL URBANSKI © RANDALL MATTHYS © JACK YOUNG © GERALD PHIPPS © ROBERT HAWLEY © JOE VELLEMAN © BRENDAN CRUMLISH l 3 --D RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 819 OAK ST. WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the South Bend Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 819 OAK ST. in order to permit SINGLE FAMILY NOME IN A "MF1" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City 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. aUfLt- 0 - Member of the Common Council • Filed in Clerk's NV Z012 JOtat :,eb', i ..... CITY CLERK,SOUTH BEND,fig SOUTH BEND HERITAGE FOUNDATION 803 LINCOLNWAY WEST SOUTH BEND, IN 46616 PHONE(574)289-1066 FAx(574)289-4550 PETITION FOR APPROVAL OF A SPECIAL EXCEPTION USE November 13,2012 The Board of Zoning Appeals 125 S. Lafayette Blvd. South Bend, IN 46601 To the Board of Zoning Appeals: South Bend Heritage Foundation is requesting approval of a Special Exception Use for construction of a single family home at 819 Oak Street.The property is located in Portage Township. The lot is currently zoned MF-1 which allows for construction of single family homes as a Special Exception Use. The existing home on the site will be demolished and a new home will be constructed on the same lot. To address the criteria in the ordinance: Why the Approval Will Not Be Injurious to the Public Health, Safety, Morals and General Welfare of the Community: The proposed single family use is conducive to neighborhood stability. A newly constructed home will increase the general welfare and the safety of the neighborhood. Why the Use of the Adjacent Property Will Not Be Affected in a Substantially Adverse Manner:The property will be occupied by one single family home. The surrounding property largely consists of single family homes that are similar to the proposed use. The proposed use will have a positive impact on the adjacent property by removing blighted structures and improving the property values in the area. Why the Strict Application of the Zoning Ordinance Will Present Practical Difficulties:The lot on which the special exception use will be located is too small to allow for the construction of a multi-family structure. Thank you for your consideration of this request. Please contact me or Anne Mannix at 288- 4369 if any additional information is required. Sincerely, Ault- Marco Mariani eighborW rkr CHARTERED MEMBER 37.15' co 12.00' 12.75'-- al _C) 0 • in w _b O 19.'00' C� w o o 0 Q o z cc; ° c� wz U °o o Q o • v = < 8.50' ih Parcels County Parcels PARCELID NAME 1 MAILINGADD MAILINGCIT MAILIN MAILING GSTA ZIP 018-1026-1109 GLISPIE DURELL&ORA MAE 56033 Pine Rd South Bend IN 46619 018-1026-1110 PFLEDDERER JASON ,1805 S Oliver St South Bend IN 46613 018-1026-1112 ROSE WILLIAM C A JR 307 Cushing South Bend IN 46616 018-1030-1328 KRUPNIK STEPHEN A 1072 L W E South Bend IN 46601 018-1030-1321 NJAGI MERCY U*PROB DEED" 426 Harrison Ave South Bend IN 46616 018-1028-1257 SMITH PIERRE 310 S Kentucky St South Bend IN 46619 018-1030-1347 HENDERSON MARCUS E SR 915 Oak South Bend IN 46616 018-1030-1348 BATTEAST WAYNE 403 Cottage Grove South Bend IN 46616 018-1030-1349 SMITH FLORDIA M P 0 Box 751571 Memphis TN 38175 018-1030-1350 MEDICH ANDREWS Po Box 4412 South Bend IN 46634 018-1030-1346 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 018-1028-1255 CHAMBERLAIN BARRYSEE TRANSFER NOTE 730 W Colfax South Bend IN 46601 018-1028-1269 HISER CRAIG F&BEVERLY E 308 Cushing St South Bend IN 46616 018-1028-1266 LINCOLN PARK LLC 724 W Washington St South Bend IN 46601 018-1028-1233 GRIFFIN JESSE&LOUISE 425 S Albert St South Bend IN 46619 018-1028-1234 MEDICH ANDREW S P 0 Box 4412 South Bend IN 46634 018-1028-1235 MEDICH ANDREW S P 0 Box 4412 South Bend IN 46634 LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEEPROBLEM DEEDATTN:REO 018-1028-1239 DEPARTMENT 12650 Ingenuity Dr Orlando FL 32826 018-1028-1249 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 018-1028-1264 SMITH PIERRE 310 S Kentucky St South Bend IN 46619 STUCKEY ROBERT AND KIMBLE MERCEDES 018-1030-1351 S TIC 907 Oak St South Bend IN 46616 018-1027-1218 MOSS GEORGE G&TAMMY A 915 W Lasalle Av South Bend IN 46601 018-1027-1219 ANDERSON ETHEL 55871 Orange Rd South Bend IN 46619 018-1027-1220 HOUSING AUTHORITY SB 501 S Scott St South Bend IN 46601 018-1027-1222 DONALDSON TAMIKA T*PROB DEED* 903 W Lasalle South Bend IN 46601 018-1028-1267 JUAREZ JESUS&FRANCESCA 731 Oak St South Bend IN — 46616 018-1028-1248 GUEVARA JORGE P 419 Cushing St South Bend IN 46616 018-1028-1263 SMITH PIERRE 310 S Kentucky St South Bend IN 46619 018-1030-1340 CLYDE DELORA M 1002 Diamond Ave South Bend IN 46628 018-1028-1252 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 018-1028-1265 LINCOLN PARK DEVELOPMENT LLC 724 W Washington St South Bend IN 46601 018-1030-1327 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 018-1029-1276 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 018-1029-1275 HENDERSON MARCUS E 912 Oak South Bend IN 46616 018-1029-1274 VAN DE WIELLE SHEILA S 102 W Colfax Mishawaka IN 46545 018-1029-1272 NORVELL TONY 902 W Oak St South Bend IN 46616 018-1028-1254 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 018-1028-1236 SOLIS MARIA 0 1904 Prairie Street Elkhart IN 46516 018-1028-1237 ALLEN GLORIA 816 Oak St South Bend IN 46616 018-1028-1238 GRIFFIN JESSE&LOUISE 4118 W WESTERN AVE South Bend IN 46619 018-1028-1253 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 . 018-1028-1268 SHAMBRY NEIL F ' 328 N Cushing South Bend IN 46616 018-1030-1353 BATTEAST JACQUELINE 403 Cottage Grove Ave South Bend IN 46616 PATTERSON SQUARE AND ETHEL%CARY 018-1030-1352 BATTEAST 1029 Whitehall Dr South Bend IN 46615 018-1028-1232 MEDICH ANDREWS P 0 Box 4412 South Bend IN 46634 018-1028-1231 MEDICH ANDREW STEVEN Po Box 4412 South Bend IN 46634 018-1030-1335 CALDERON U.BELIO 912 Fuerbringer St South Bend IN 46616 018-1030-1336 CALDERON MARIA&U BELIO 912 Fuerbringer St South Bend IN 46616 018-1030-1338 MCCLURE ROGER E&KATHLEEN A 51970 Hollyhock Rd South Bend IN 46637 018-1030-1334 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 018-1028-1247 BRIDGES VIDA 1615 S High St South Bend IN ' 46613 018-1028-1227 MEDICH ANDREW STEVEN Po Box 4412 South Bend IN 46634 018-1028-1225 SMITH GERALD W AND KAREN L 26041 Delores Ave South Bend IN 46619 018-1030-1326 LINCOLN PARK DEVELPMENT LLC 724 W Washington South Bend IN 46601 018-1028-1241 SOUTH BEND HERITAGE FOUNDATION INC 803 Lincoln Way West South Bend IN 46616 018-1028-1246 GUEVARA INALBIS DELFINA LOPEZ H 425 Cushing South Bend IN 46616 018-1028-1262 KALAFAT GEORGE J 426 N Cushing St South Bend IN 46616 018-1029-1273 BOWKER MARIA 321 Cottage Grove South Bend IN 46616 018-1028-1240 HARRIS DELPHINE R 322 Cottage Grove South Bend IN 466161 018-1030-1329 LINCOLN PARK DEVELPMENT LLC 724 W Washington South Bend IN 46601 018-1030-1323 MEDICH ANDREW S P 0 BOX 4412 South Bend IN , 46634 HARRIS DONNA M MAYZELL TOWNSEND 018-1028-1226 WILLIAMS HEREBY RETAINS A LIFE ESTATE 426 Cottage Grove Ave South Bend IN 46616 018-1028-1261 LINCOLN PARK DEVELOPMENT LLC 724 W Washington South Bend IN 46601 _o c• y v I"P''''� auI I.. zing"! m o W ,g V) ° 11� d 'ME MN gown O .nth - rlJ,. c 0.6.e. M T c-II li. "(' •f��� o a�i p 4 iii! OO a mI 8 `� \,„":(4,N.-.-L d J'' �'�~ ��c V �7/_ 1.l0ifA r.• NE N W `+'„ 0 �., cN .>D _\ 1w 1111 N N �, �., °�J(f'a�� ;E E•€ � MEM, .11.`, M. U "€ AIN €.-" coy. `:N.&;-e a@ z V`01f o °a ■ut b .I ,�i NI .2 3. oa �7 T' J.e s4 ',.,44; ks 1,,/,':',,,,W-.4'?! )r c...�m -' t= e i ' g N 3 ;;;;%:-- 5,PP ,l r {, 'N t r N , � i a t { t 1 3 • *K yr Y ' � f N f N�._ "l r.. _ j d '"51 0 - r 9 f'--" e i o 1 d j ° 1, f $i ,i i; Y l .: s rn , i f i I , • V i( �c•�.. - I. i i .-i( ! t !!-- t `-,, @.: 'yj q ✓l i„,„' - 0:',4',- A..• � - ��I t- � i � k ' , �` �1 ; �z � t Burysn 3 r ' 4 - .\_. a . ,,.i" 1r 4., a a2 sg r €a�. �.' _ ( - 1 .r -x " ,1__1 __ �� .►f•k.:Zi.' Y ; ,:z--,, ,t -,, . '4-l( IF ?_ o-„ .I n - o &t.'. 4,t +' ,* _ � ' � ' r*,,,:,..,,- , _ -, � ? tl" i2 ,4 i t}�f ( , t N a , N# : s o, ,s t e t t �: [ii4 p 9 1 , 77 x< !E Y �.. a eta c ,Nai `t ,.5.. r z -, 11.I �ar- �".-1e''''' r..,.,..o a i.. I o -.'_`. ;£" r'i; o ,.-Iii 7 t'"�� 7 _--< -m,.m��,t�.€�^°.6�' --;-----=7--:7----,-r,-7;;;;.77:-+ a�� �� � .w mN k t�k [Y�r��'t �, w_✓....�a ,,,,,� .. xn.tom° i 7 iv i 4 „ -i4.. I ', :1 m ° I ° + z 4 b i. f m b I. 1£ £ ± .O N N N tau' f 1 ` " " 1 N b N ': ? I 1-aY,r-._ ,_,,-,,,,-1 L 1 I�f ° 1, t f ,, m _F ? " S • N ' q . t..:.'.1:..•7 e :'.1 r 1 C' lm N"x i9 t '..,i i c o (-=-2--1 .4 ) % o-t` s. s 2 <`�" �$Fv4i 1 p ° x° �: °t- '! • x F o, s ,, l} 7; '1,, i_........_,..., ; "1 PAk --i r� c}��j} 7 } A a g i. `� +t' '.-T i 71:.. t f ,. i .K_._„_.. 4 .. __ { e r :d t ... ,_. _.fi �� t a ti 1 R ` any anoJ a6eo� i A .. - .,v F' l - E -"'7( 1: I ,' t 1 t� a n `1' `. + z .� '"--,.1„,,_.:. I e i t v $ 1 ° t ;4 - 1 1 P - ~ 1 - 4. + S No j yr 1 rF t _\1 i -t c 1 N- -- .'.. 5 } ■ -° 1 j 3 .1 a .i l-- 1 ,E t [ 3 :,a 1 _- 7.. g • t.l 1 t Ir.- _. s14 [ i 1 I I I •'' .. .a .__- ....t ' t _1 i , , 1 1 -1•.--- ` ,,ii , - _ 1 L l A } N ' .- ! O r• t.,-.,,,, ,,,t., " -eE W++ a......i. $y}?y� 'y } [ t m� ,, {1, L ,-.1,zt t`. 1 '. i _4€ 1! ,1 Ii"*„.. "'.73k-,• St � m °T -'i , _ • 1 NTM N - b m. l O Nb�'r A M .a'.'' t 1. -1 • ,J'! ,y m e 141 Za+ea xea $. o I. a a. f y, m , ? 1 t: n ��o o • 1`,, .„,,,_, °-4.,,,,,,_),:11 o 11 *m . :F.:o 7 C m C �"�'' if 4 r '_""Qa 11 t °S ''� - ,". #e o....,�s1 I� .if v.&�.i,E.,...z...'.'.....=L.1"- '`e. 'e;'i�'o '�C ''o.,�U .o., 3.r.>��..+'..„R.s x;ro�+y ,�_ .,�.1� ..�..• ..s. - .a•.,:!�:..,.......' .y . :�" 1`'.. AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 December 6,2012 The Honorable St. Joseph County Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of South Bend Heritage ABZA 12/5/12 Dear Council Members: The above referenced petition of South Bend Heritage was legally advertised on November 15, 2012. The Area Board of Zoning Appeals gave it a public hearing on December 5,2012, at which time the following action was taken: Upon a motion by Mr. Velleman,being seconded by Mr. Hawley and unanimously carried,the petition for Special Exception of South Bend Heritage to allow a single family home in a"MF1" District, on property located at 819 Oak Street, 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, C.B.O. Building Commissioner CAH/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS SOUTH BEND HERITAGE FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic,and parking regulations as to not being injurious to the public health, safety,morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN 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: ADOPTED this 5TH Day of December,2012. YES NO MICHAEL URBANSKI RANDALL MATTHYS © JACK YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN ABSTAIN BRENDAN CRUMLISH ‘(j' A 0) - [ 3 .40 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 212, 214, 214 % and 216 S. MICHIGAN 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: 212, 214, 214 %2 and 216 S. Michigan St. in order to permit a special exception use to manufacture Food Products in a"CBD"District. SECTION II.Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is 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 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. DeA,J,,,OvOi(aN,,,,( ' kr Member of the Common Council ::led in CE r '.sOf ic,- JOHN r (1.4)E; C i. M(CLERK,SOUTH BEADIL • Area Board of Zoning Appeals 11/6/2012 Dear Sir or Madam, I,Andrew Elegante, in my capacity as General Manager do hereby request a Special Use/Exemption variance for the State Theater and its associated store fronts.The property lies in Portage Township in the CBD(Central Business District)and is zoned as such.The exemption is requested for the manufacturing of food products as defined in Section 21-03.06 of the St Joseph County Zoning Ordinances code. Please refer to(a)Primary Uses, (2)Special Exception Uses, (B)Manufacturing Retailers. We would like to establish a brewpub with an on-premise brewery in the former State Theater and associated storefront at the address of 216 S Michigan Street. We will be brewing beer in small batches of 1 barrel(31 US Gallons)with annual production in the 600-1000 barrel range. Additionally we have long term plans to produce wine and sodas on-site. Brewing of beer requires a Brewer's Permit while the making of wine requires a Vintner's permit,each of which will be obtained separately. No special permit is required for the making of sodas. The only physical change required for this is venting to the alley side, some of which is existing. I would like to address the requirements of the Standards for Special Exceptions(I.C. 36-7-4-918.4)with the following. (i) South Bend has a long and proud history of brewing, beginning with Drewery's in 1853 and continuing today with the Four Horsemen brewery located in the Monroe Park neighborhood. Our endeavor seeks to continue that legacy as part of an overall plan to revitalize the currently vacant State Theater property by incorporating a brewpub which sells on-site brewed beverages along with foodstuffs. Brewpubs have a long tradition of helping to draw communities closer together as a place to connect with friends and strangers over a high quality, locally produced beverage. As such they do not represent a threat to public health,safety,comfort,moral standards,convenience or general welfare. On the contrary our business can contribute positively to these things by encouraging the growth of a strong and sound community. (ii) Because the brewing operations will take place in basement spaces and the only significant physical change required is the addition of exterior venting,some of which is already present, there should be no negative impacts on adjacent areas or their property values. Our hope is to actually improve the values by drawing more people to the area and making the southern part of Michigan St more attractive to a variety of businesses. (iii) Urban revitalization is taking place all over the country and local craft breweries are a big part of that trend across the country but also here in Indiana. There are several breweries that have been put into historical structures such as the State Theater which are listed below. Brewing is part of the historical fabric of the city of South Bend and compliments other food production activities such as those undertaken at Dainty Maid. There are several locations nearby the Theater that serve alcohol including Club Fever, Backstage Grill,Os Pub and,soon,Chicory Café. '7• Barley Island, Noblesville • Great Crescent,Aurora • Crown Brewing,Crown Point • Lafayette Brewing Co, Lafayette • Mad Anthony's Taproom,Auburn • Shoreline Brewery, Michigan City • Main Street Brewing Co., Evansville • Power House,Columbus (iv) Our intent for the brewpub and the theater in general, is to make this a very community oriented business that can contribute to the community building portion of the South Bend City Plan of 2007. In specific,we feel we can help meet objectives CB 2.3(Facilitate Cooperation),CB 2.5(Employ Racially&Culturally diverse workforce),and CB 1.3 (Promote Volunteering). Already we have reached out to a variety of communities(Hispanic,African American, IUSB students)to get them involved in the theater redevelopment process as well as connecting with community organizations such as The Music Village which are strategic fits.An endeavor such as ours can help with Economic Development goals,especially ED 1.2 (Reuse of underutilized structures)and ED 2.3 (Manufacturing opportunities).The brewpub, which can generate significant cash,will make it far easier to rehabilitate the State Theater property than would otherwise be possible. Overall we feel that this special use fits nicely into the city plan and is highly supported by DTSB. See below for detailed information on the petitioner, property owner,and property location Petitioner Andrew Elegante Property Owner Assaf Dagan 128 S Scott St Apt 6 Banko Capital South Bend, IN 46601 106 N Main St 801-209-2987 Mishawaka, IN 46544 574-247-1760 Property Location 212 S Michigan St 214 S Michigan St 214 Y25 Michigan St 216 S Michigan St South Bend, IN 46601 If you have any questions,comments or concerns, please do not hesitate to contact me. Sincerely, Andrew legante General Manager,State Theater PARCELID NAME_1 MAILINGADD MAILINGCIT MAILINGSTA MAILINGZIP 018-3003- TJM 27703 County 0051 INVESTMENTS LLC RD 24W Elkhart IN 46517 018-3003- INDIANA LAND 108 N MAIN 0052 TRUST 11300 ST STE 711 South Bend IN 46601 CITY OF SOUTH BEND FOR THE USE AND BENEFITOF ITS DEPARTMENT OF REDEVELOPMENT SEE TRANSFER JEFFERSON 0024 018-3001- SON 0024 NOTES BLVD South Bend IN 46601 ONE PLAZA PLACE ASSOCIATES % CRESSY& 3930 Edison 018-3003- Lakes 0046 EVERETT MGT Parkway#200 Mishawaka IN 46545 ONE MICHIANA PARTNERS CIO 018-3091- HOLLADAY 347404 COPORATION PO Box 540 South Bend IN 46624 LONESTAR EQUITIES INCATTN: LOUIS 100 018-3001- ATLANTIC 0017 WIENER AVE STE 1 Lynbrook NY 11563 GRABILL PAUL J 018-3007- AND JOAN C 11821 S 0248 GRABILL PAIUTE ST Phoenix AZ 85044 018-3007- LAKE COUNTY 2200 N Main 0250 TRUST COMPANY St Crown Point IN 46307 FARABAUGH 17027 018-3003- Springwood 0053 WILLIAM N Dr Granger IN 46530 STATE THEATER 2043 South 018-3003- Bend Ave ste 0048 LLC 208 South Bend IN 46637 ul 0249 SZL LLC PO Box 1915 South Bend IN 46634 018-3007- ROBERTSONS 914 Lincoln 0244 BUILDING LLC Way W South Bend IN 46616 • GRABILL PAUL J 018-3007- AND JOAN C 11821 S 0247 GRABILL PAIUTE ST Phoenix AZ 85044 STATE THEATER 2043 South 018-3003- Bend Ave ste 0047 LLC 208 South Bend IN 46637 018-3007- 0236 POST OFFICE 204 Main South Bend IN 46601 CIVIL CITY OF 227 W 018-3089- Jefferson 3475 SOUTH BEND Blvd South Bend IN 46601 112 WEST JEFF LLCSEE 101 N 018-3007- Michigan Ste 0242 TRANSFER NOTE 300 South Bend IN 46601 112 WEST JEFF LLCSEE 101 N 018-3007- Michigan Ste 0243 TRANSFER NOTE 300 South Bend IN 46601 CITY OF SOUTH 227 w 018-3003- Jefferson 0043 BEND Blvd Ste 1200 South Bend IN 46601 750 TRADE PUGET OF TEXAS CENTRE 018-3003- WAY STE 0044 II LLC 100 Kalamazoo MI 49005 750 TRADE PUGET OF TEXAS CENTRE 018-3003- WAY STE 0054 II LLC 100 Kalamazoo MI 49005 750 TRADE PUGET OF TEXAS CENTRE 018-3003- WAY STE 0056 II LLC 100 Kalamazoo MI 49005 • SOUTH BEND TRANSPORTATION CORP % KATHLEEN 018-3006- ROEMER 1400 County 0190 CONTROLLER City Building South Bend IN 46601 D&D DOWNTOWN ELKHART LKHART 0049 PROPERTIES LLC PARK DR Elkhart IN 46516 THE SOUTH BEND 018-3003- REDEVELOPMENT 1200 County 0058 AUTHORITY City Bldg South Bend IN 46601 COYNE INVESTMENTS 018-3007- LIMITED 1428 0239 PARTNERSHIP Hamilton Ave Cleveland OH 44114 SOUTH BEND COMMUNITY 018-3003- SCHOOL 215 S St 0057 CORPORATION Joseph South Bend IN _ 46601 0016 SOUTH BEND 018-3088- REDEVELOPMENT 1200 County 3474 AUTHORITY City Building South Bend IN 46601 —.., 215.v6 i 5 13 2 E1821A Pgig gglig.T.- 31345_c , ,,,,,,;( 3 Co .!pa z; ..-, .ct,§5 y.5 . .. :,' I" % a 4.Z 0 CD I 1; if,:::,* , ) - ' i a.-. ,, 5 rg,, , -, ,i, 42z,-, 6 i— i 0 -7_.- a .% 4 ■ °.!!''- .c " EliC, •(..) oF Obi. 6,4 I .— /9 m '",. ,'‘-‘ L ■ . 00 ''' 5 E S ON i ' ? 3 Jo 410---' r.,7 g [ '''' z____— ' ....... 2 0 t .2 ' S to'2 om .- .,,,,„,v• - -----,,,-.. f,4 , i;,7 :!f Telin ,46. R7v- 'V4..girAnt:',.-.t.,' ..:' Oa 441 - - :icvr,-4A-4-, ,,.',6,„. ,-triciit-tifr,,----€4, .„,,,-,... -,-,..,..1 , - ,,,, -1, ....- .gr471 .-.1-4 kr 11. .t -‘,...4*.N.i. ,--t--p.-<-....-t-$,-;.6-5-tc-A,..-'-^-40:0,744`,Z1""r", f -xli."."-44,7-..;',..Rnet;r4i--V ' ,, c,-,-.4 P 4 ',':,:'t,l' ,I VA .- ' .S. ttti'Z'' ..,i I.. 1 ' 1'<1.41,{V.4,,,t64:14frts74;','.4'4,.,40: '' -- 13 '''YrkANr*"?'''''!.A1.C.P, j ''''‘. ;e', .4,-,P ,.-54,-, ' ,,,t'''' o'fLi'i-,,,SitjEL.-:*,11-"-',`"..."'„.,-.:._,?-'-. : L.,"<?,-w,..1A-T,L.`',4*'.4"-',"?..1`VziA,Poi,Sik''-'-'41'W ' ," lt,A:4., ,f4r...;.; i'. t..-4.Ni u.-- -0tt-yt.A. --,`,,`4.i-R,,,,-,'"... e'-'''''''''-"''''''''' ' "6'0E-811.0':;,-,.11.-TrAt,-`4-04_:4:4V,4‘. `-"-'' i "''it'. \''''''I' t;F..4(IFf 4,-ti-e' 4, 4,,t‘,:i ":„.,....zxii,- -:„.-,-,-„,.,-- --,-,.....:,------- ':',,f,teZWA%4 ir*..:.. .-'. jo , ,i-, -.------segoc,8_roe,,, " ':- -, #:;;' ''',1:•'''''t ,,..7,`33.,- --' - ';',• .,_t: -.(-,-* 'b e,-i,,, ,;'•,=-,,,,,,,,,3,,,,'4,2,4„„y-2 ',,,,,,ivp,:". .7.;,,,e,,, ,‘,,,k,,,,.,24,-..)...-, ,-4.1',,if,T'e:,,ehA:-.''=S'.--i'''''' ' '''''. ' ' `-4',.""1 .'.-4'-:-F5'41;',.';7s.' 4if.. ,' Z,,,,-., „,,,,'' -`,4-:^,---,,e'.--- --......4'' - „;f: "4...=,' • ``''''''''''‘'.... -' - ;:, ,,„.;4'1', ,. .,,,,r/., ,*- ,,-,fi•111.„.!,.s;,' d so Is --',4‘.',',1'-'.7,•:.'',1'., ': :--q,',,,W?,4;;"!,!''',fi'f';'ho7"11.0.,t,I..: !---,-= -.= '-'44-- 1 '' 7, /e:'--f-T-'0'-i'';(,'" -=';'' “ 4""F''-- ' , ' , „.._ -..„, „ „„,.,,-„„=,,,„„ ., - , . ,• ,„' _ 1 ._ ''1/4-- ,,.., .t...-ge1,,,,..A.. ----,4,-,,,,,etr,ligt-ti.'s,:..ip-,,,--,,,-'pe 7,14r,•-•,,3.3'":33•7:1347..., ett',143• , *3'31 11.4"5.,' ' - '''':, ,••‘. ' •r-„ , •.3 3):.,,, .. „,,,„,,. ; , .13 ,-0 r--- ",-"41.'" •--k , , 4.""••.4.,. .....:-1 ''.11:P„,.7',''''Ar 4 i.W. •••`..' ' :'`.• '''''''0.17,1: ' - I •• • 1 •,,,,,) ) ("L '. . ‘44, '•, , ,,t, 't,-.'..,t,,, , ,. ' ' , i , 1 - v ,'' `, - ,,_J. , :IT t i.,- - ,7-7-7 4,-,,j ';•'..'v:',- -,, "--"..." ' -,''',4%,',*4.1 .f - -y--*"-: 6.1,,v, • ".iv- - n ,_, .... .?„.„ .. VO4 '''''''''''' ..,. . , f :::`,-■ 4,,."-',,,, '‘, ,-' , co L4"--,-ti' ; 4'4'cis,-4',7 ,..4.,,,‘141'?ii!..4 '41';',"•-ti„' '4 Irv:A '''''r f---'''''-'74.17'4-ce g ''''' '''aL:"=" "ritetileia:V.--;-4; tTir...4 44, P.ir,-._ --. '',-.-"...:.- Pr'■ ,,,,,r,'"<`,.-'' t '''•w?' ,e1i047, q,4,4% ,„1 „,,,i2=4,41, ,0000m, 4.„t ,,, ..„1%,„,,,a,--.4 *.,-„,:,,,,, ,-..-4.7:, ,:- , . 1 ; '•-•::: E7-7- .,....7.mo-4.,:,:a%,:r ::-97;7-,::;.1::--: ::,,:..:4;„,..„:: ‘,:;_L.., .:1:::t:,..::„,„..„' , tM.,,,,,,,:' I ,,f giltK.141tig_p„,14-i'A,t,•11,7;:4-;,-;,,,,k,,lagt.",,,, r---,i--L--, '-'5"---,7----=- • -u I an, ''' -4 if_,..,-,, - "" 4,..c. ( '..;,.•••••*,".........,1 .•.;... ■i8•343"I. .7,4,- .„ r,*-7 L; ; '-‘.•52 e -....„4 !el 0 .1,...._, „.„,..-1,„-...„--.=„ ,f. „,. ' -,8 4 .-.. - - fk- '-'77 - 1: ;_.„ , el ?.--,.,. .„„ 3,e4.1/2=3 . '3 c42 v, „ -_--tr-2=p„,,,-;:-A,,,.., 4:4 .., , :,‘-',---`vv;"--• . ''' ' ,...7, - '''t,---.'t..NI, B *00 a o p.t.',„, -1- .. 0,- .„.L ,., , . '0 r also, , _.2 co _ .Y0, c,, 'a,,,ra v ,tq ... .... /is r„ '.,°-..-',.- ' , - 8 .,_ '. ,1: A •co ,, - r,0 — 4 ''' • 1, o-.,." f A . e L-f.• ....t , - Go, 1 ist: .:,-, ,Ii...,°4.,'".°#...:1; ''''," ' „,,,, i-X.:4, --,, ' - ; ite...Z... -.4 - ,,_, ____A : ' '' • , -.'.L,..=' i, 1.,. - u' . ..1 : ,h,---,,- di - • -,•• ,,, _ ,... _ ,s-",;:;,,-Tf:' =;',..5- ', :- ;- - -, ,_, „ .1.,;-..,....- '', , z --`=';'-,N*„•-` -4-' , = "'",;,-,-,t:17,'''.1.,,;:'„.-''' '' -' ; ,.. ;1' -, -g 11 ' t ;.• 4 ,1 ' ', ---,,-.-'-'''':'..7,fi.-s, - -.°.. - -4.%.,....,,,;,...=;:,,,:..,a -, - .;••__‘-4 '' :.,`',.. .• ' i '.....4-. , ' ' 1 '1' ' -.-- ' . ' . . - 1-1,,..k.,''''''' - -7,-- 19P-it.,-',.--.--. .t. ''-' - ' - -li ', F.7 ''' ."1..W16-4'", 4e--::-*'''''''''''' '4...-- :..11.4:.:--- Cti' "--- 7 - , .r'-'-'7• - . " ' '''''F' - '74 ' --, --.114"1 1 ,' ,,- ,,-.-., co'-z-1 ..,.i —,--7,, ,f,-,, Iv,<Pi,IF -', , 4 ' ,s,t444,.,-,4, -,• .,„" i ,/&:?,"_'..,t; '`,- = -•v , •. L,;-, 5,1,.7 - • .- 2.-..-4. - ...-.. .., . , . ---.... ---•- - ,i -, - '1ir.', '7' i i.,1., 5- lo, -,--.1- ' i.:;:r/ 01 f . , -, .= 11 .,, ;' :4V:Q . ) s."' -,-. -•,..■ 01 -11-41 .--Z;41*". c,,,. ..-,,,,.... -,,t, -,,, ' ., ' - I °"'-',.. .-'',-1ErsierP.`,".1--,:.;i4 ..*.' , or . ---•••".4'.•‘,-,. r- • °70,2 e . - 1,, _ .1414- a ,—. ' ' ''''S .,.,--, - ' :::,.;.-„,,,, ' % a . , „,,i, ..47:r ,..,...1 ....s.; , , ,,,,,,.,,,.._ .r ,r. , ,_ , ± i"•,1 '''.'!,. - {!. INS 0 a, f c, 1./ , •.■ . , or- - k.,4:''''.•:,-,- :' ,:'-',Qpi.- ,,,,-.`-,,,-,-..-Fit''' oil , ,, ir;,,\,,,,, ,„-,: On() Tfflr, .,,, Ao - ',`"rrr',,jii.--',--, -soiic-sio _ ,f4itt,-21,-. ,,-,-- 1...,1-4.,-.4i - ., '3 =AKTsy'j(30 1 A; *-V, 4C.,e'"- .,.' , 0 ■ h g-,..., ...". AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 December 6, 2012 The Honorable St. Joseph County Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Andrew Elegante ABZA 12/5/12 Dear Council Members: The above referenced petition of Andrew Elegante was legally advertised on November 22, 2012. The Area Board of Zoning Appeals gave it a public hearing on December 5,2012 at which time the following action was taken: Upon a motion by Mr. Velleman being seconded by Mr. Hawley and unanimously carried,the petition for Special Exception to allow manufacturing of food products in a "CBD"District, on property located at 212,214,214 1/2 and 216 S. Michigan St., 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, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS ELEGANTE FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic,and parking regulations as to not being injurious to the public health,safety,morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN 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: ADOPTED this 5TH Day of December,2012. YES NO MICHAEL URBANSKI RANDALL MATTHYS JACK YOUNG © GERALD PHIPPS © ROBERT HAWLEY © JOE VELLEMAN © BRENDAN CRUMLISH 6,: \A Po- l3 _41 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 OF ST.JOSEPH COUNTY,INDIANA FOR THE PROPERTIES LOCATED AT 323 ST.LOUIS STREET,325 ST.LOUIS STREET,327 ST.LOUIS STREET, 618 MADISON STREET AND 336 HILL STREET,ALL IN SOUTH BEND,INDIANA AND REPEALING RESOLUTION 4104-11 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 Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area 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 Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exceptions be granted for the properties located at: (323 ST. LOUIS STREET,325 ST.LOUIS STREET,327 ST. LOUIS STREET, 618 MADISON STREET AND 336 HILL STREET,ALL IN SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for off-site parking lot for properties located at 323 St. Louis Street, 325 St. Louis Street, 327 St. Louis Street, 618 Madison Street and 336 Hill Street all in South Bend, Indiana per Section 21-03.02 (2)(D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) and approval of a Special Exception to allow for an Accessory Use under Section 21-02.11 (b)(2)(B)(3) of the City of South Bend Zoning Ordinance to allow for a Storage Trailer for a Two(2)Year period of time. 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 uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are 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 Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. Upon the adoption of this Resolution, Resolution No. 4104-11, adopted by the Common Council on May 23,2011 shall be repealed. SECTION VI. 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 Filed in Clerk's Office ff1 ..a...>,.... .a..,,....rte,..s..� (. CITY CLERK,SOUTH REND,Iii. DHA Danch, Hamer & Associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors • Professional Engineers RON HARNER, P.S. Landscape Architects • Land Planners Honorable Members of the City of November 13, 2012 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Diocese of Ft. Wayne-South Bend Special Exception Use Petition: • Dear Council Members: Our clients are requesting the approval of two (2) Special Exception Uses for their properties located at 327, 333, 325 St. Louis Street, 336 Hill Street and 618 Madison Street. These Special Exception Uses will allow the Petitioned properties to be used for off-site parking and for a equipment storage trailer for the new St. Joseph High School Campus to be built on North Notre Dame Avenue. Our clients believe that the approval of the proposed Special Exception Uses would fit with the existing mix of land uses located in the Northeast neighborhood area. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, •chael J. Danch President Danch, Harner & Associates, Inc. File # 120225 Md. "C" 1643 Commerce Drive • South Bend, IN 46628 208 West Mars • Berrien Springs,MI 49103 Office 574/234-4003 • 800/594-4003 • Fax 574/234-4119 office 269/471-3010 • Fax 269/471-7237 AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED , 20 NOTIFIED , 20 HEARING , 20 APPEAL Applicant's Name(s) : DIOCESE OF FT. WAYNE-SOUTH BEND 915 S. CLINTON STREET • FT. WAYNE, INDIANA 46801 574-210-9797 Address of Properties: PARCEL "A": 453 NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617 PARCEL "B": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 336 HILL STREET, SOUTH BEND, INDIANA 46617 618 MADISON STREET, SOUTH BEND, INDIANA 46617 Present Zoning of Properties: PARCEL "A": 453 NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617,-"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT; PARCEL "B": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT 336 HILL STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT 618 MADISON STREET, SOUTH BEND, INDIANA 46617-"MU" MIXED USE DISTRICT Owner's Name: DIOCESE OF FT. WAYNE-SOUTH BEND 915 S. CLINTON STREET FT. WAYNE, INDIANA 46801 574-210-9797 2 Counsel or Consultant:DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at PARCEL "A": 453 NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, PARCEL "B": 327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617 336 HILL STREET, SOUTH BEND, INDIANA 46617 618 MADISON STREET, SOUTH BEND, INDIANA 46617 NATURE OF APPEAL: PARCEL "A" REQUESTED VARIANCES: 1) . A Variance from the maximum allowed 32 square foot for a monument sign to a maximum of 51 square foot for each of two proposed monument signs as shown. 2) . A Variance from the maximum allowed 4 ft. height for monument signs to a maximum of seven (7) foot height for each of the two proposed monument signs as shown. PARCEL "B" REQUESTED SPECIAL EXCEPTIONS: 1) . Approval of Special Exception Uses as allowed under Section 21-03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) and under Section 21-02.11 (b) (2) (B) (3) of the City of South Bend Zoning Ordinance to allow for a Storage Trailer for a Two (2) Year period of time. PARCEL "B" REQUESTED VARIANCES: 1) . A Variance from the 20-Foot Front-yard setback along Madison Street (North property line) to a minimum of 0 feet for an existing parking area. 2) . A Variance from the 20-Foot Front-yard setback along St. Louis Boulevard (East property line) to a minimum of 0 feet for an existing parking area. 3 3) . A Variance from the 20-Foot Front-yard setback along Hill Street (West property line) to a minimum of 0 feet for an existing parking area. 4) . A Variance from the required parking screening of one shrub at a 3.0 ft. on-center spacing along the entire frontage of the existing parking area along Madison Street (North line) , St. Louis Boulevard (East line) and Hill Street (West line) to no additional landscaping as shown. 5) . A Variance from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing no additional deciduous over- story trees as shown along said property lines. • 6) . A Variance from providing the minimum 24 ft. wide aisleway in a parking lot to a minimum of 22 ft. for the existing aisleways as shown. 7) . A Variance from providing sixteen (16) interior parking landscape islands (i.e. one (1) interior parking lot landscape island per 15 parking spaces) to no interior parking . lot landscape islands for the existing parking lot. 8) . A Variance from the required minimum 5 ft. wide Side-yard setback along the South property line to a minimum of 1 ft. for a storage trailer as shown. The Petitioners are the owners of the real estate parcels shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Diocese is in the process of completing some of the proposed improvements to the St. Joseph's High School campus site. Shown on the attached site plan is the layout of the main campus school building and athletic fields located in the block bounded by 'Cedar Street on the north, Notre Dame Avenue on the east, LaSalle Avenue on the south and St. Louis Street on the west. There is a small parking lot for some staff and visitors located at the northeast corner of the main campus site. The remaining parking areas to service the campus are located to the west of the main campus on the block bounded by Cedar Street on the north, St. Louis Street on the east, Hill street on the west and on either side of Madison Street as shown. The Diocese is in the process of installing an ornamental fence around the athletic fields bounded by St. Louis Street, LaSalle Avenue and Notre Dame Avenue as shown on the attached site plan on Parcel "A". The Diocese desires to incorporate two 4 monument style signs with the fencing. The two monument signs would be placed at an angle at the northeast corner of St. Louis Street and LaSalle Avenue and at the northwest corner of Notre Dame Avenue and LaSalle Avenue. The Petitioner's representatives had discussions with the Building Department staff on the proposed signage for the school site. Based on those discussions, the monument signs as shown, would require a few variances. The City's Ordinance limits the size of the signs for institutional uses in a SF2 Residential District to one monument sign per street frontage, with a height of 4 ft. and a sign area of 32 square feet. The existing school site could have a maximum of four (4) monument signs, one for each street frontage. They are asking instead, to place only two signs at what they consider are their main entrances to the school campus at St. Louis/LaSalle and Notre Dame/LaSalle. More specifically, the Petitioners are requesting the following: 1) . A Variance from the maximum allowed 32 square foot for a monument sign to a maximum of 51 square foot for each of two proposed monument signs as shown. As mentioned above, the School site can have four (4) monument signs with a total sign display area of 128 sq.ft. They are asking instead to be allowed to have only two (2) monument signs with a total of 102 sq.ft. , 51 sq.ft. each. As shown the signs are very simple in design and compliment the ornamental fencing of which they are a part. They Petitioners do not believe this request for the proposed monument signs would have a detrimental affect on any adjacent property. The second request for the signage is to request a Variance from the maximum allowed 4 ft. height for monument signs to a maximum of seven (7) foot height for each of the two proposed monument signs as shown. The Petitioners are asking to be allowed to have two monument signs, which have a maximum height of 7 ft. This height works with the proposed ornamental fencing and would give the Petitioners an area at the base of each sign to add landscaping consisting of shrubs and seasonal plantings. The Petitioners do not believe the signs would be out of scale at the proposed corner locations. They do not believe approval for this Variance would have a negative impact on surrounding properties or their values. In regards to Parcel "B", the location of an off-site parking area, the Petitioners are asking for approval of several Variances. This off-site parking area was an original parking lot for the old St. Joseph Hospital. It had been in existence for the past few decades. When the Diocese purchased the property'back in 2011, the existing parking lot was a grandfathered use and allowed to be used for school parking. The Area Board of Zoning Appeals and the City Council approved a Special Use for the parking lot. At the time, no Variances were required as the parking lot was in existence and no improvements were planned. 5 There was an existing home on Madison Street just east of the north-south public alley that the parking wrapped around. When the Diocese purchased the parking lot, the owners of the Madison Street home were not ready to sell their property. After the school construction started, the homeowners changed their minds and worked out an agreement to sell their . property to the Diocese. During this time, the school's contractor was working to seal over the existing parking lot so that it could be re- stripped for parking spaces. The decision was made that since the contractor was working to make the existing lot look better, they should raise the Madison Street home and make it a part of the existing parking lot. The parties making those decisions thought that removing home and adding additional pavement for parking, was allowed to be done. They did not understand that the existing home was not part of the original approval process for the School campus, and as such, the home site was not allowed to become part of the existing parking lot without first going through the proper approval procedures. Once the problem was discovered the Building Department was contacted to determine what procedures were required to bring everything for the parking lot into compliance with the City Ordinances. The determination was made that to bring the area of the Madison Street home into compliance, the best procedure was to request approval of a Special Exception again, not only for the original parking lot but also for the home site so they were all under one approval. It was also determined that since the existing parking lot was being altered to add the few additional spaces in the area of the Madison street home, Variances were now going to be needed for setbacks, landscaping and aisleway widths for the entire parking lot. The Petitioners also had placed a temporary storage trailer on the site that is being used to store athletic equipment. It was placed on Parcel "B" as shown along the south side of the lot. The location of the trailer was chosen, so it could be close to the athletic fields and equipment could be easily moved from the trailer to the fields and back as efficiently as possible. It was also placed to maximize the use of parking spaces. Based on discussions with the Building Department staff concerning the trailer, it was determined that a Special Exception was required for it to remain and a Variance for its placement was required as well. The Petitioners did not realize that a storage trailer could not just be placed on their property without going through an approval process. The School used two storage trailers at their old school site on Angela Blvd. and Michigan Street for equipment storage. Based on these discussions the following variances are being requested for the off-site parking lot: The first Variance is a request from the 20-Foot Front-yard setback along Madison Street (North property line) to a minimum. of 0 feet for an existing parking area. This Variance request is needed to allow for the 6 parking lot pavement that has been in existence for the past few decades to remain. The only change that has occurred, as mentioned above, is in the area where the Madison Street home was located. The contractor matched the pavement line from the existing parking on either side of the home site to efficiently layout the shown parking spaces. The second request is a Variance from the 20-Foot Front-yard setback along St. Louis Boulevard (East property line) to a minimum of 0 feet for an existing parking area. This is to allow for the existing pavement to remain in place as it has been for the past several years. The third Variance is from the 20-Foot Front-yard setback along Hill Street (West property line) to a minimum of 0 feet for an existing parking area. These three Variance requests would allow the existing parking lot to remain in place. The Petitioners believe approval of these Variances would not adversely affect any surrounding property. The fourth Variance request is from the required parking screening of one shrub at a 3.0 ft. on-center spacing along the entire frontage of the existing parking area along Madison Street (North line) , St. Louis Boulevard (East line) and Hill Street (West line) to no additional landscaping as shown. This request again is to allow for the parking pavement to remain as it has essentially been for several years. The Petitioners do not believe approval of this Variance would adversely impact any adjacent property. The fifth Variance request is from the requirement of providing a required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing no. additional deciduous over-story trees as shown along said property lines. This parking lot as mentioned as existed for several years, the requirement to place trees every 40 ft. along the site perimeter would mean the removal of several parking spaces that are being used by the school. There is also the problem of existing utility lines that were re-routed for the school and that would make it difficult for over-story tree placement. The Petitioners do not believe approval of this Variance would negatively affect any adjacent property values. The sixth Variance request is from providing the minimum 24 ft. wide aisleway in a parking lot to a minimum of 22 ft. for the existing aisleways as shown. This variance is to allow the parking lot layout to remain as shown. The spaces have existed and there have been no problems with some aisleways being 22 ft. wide as compared to a 24 ft. wide aisle. The Petitioners do not believe approval of this Variance would have an impact on any surrounding property. The seventh Variance request is from providing sixteen (16) interior parking landscape islands (i.e. one (1) interior parking 7 lot landscape island per 15 parking spaces) to no interior parking lot landscape islands for the existing parking lot. The Petitioners are requesting to be allowed to keep the spaces as shown. If they were required to add the parking islands for the existing parking lot, several spaces that they count on for off- street parking would be eliminated. They do not believe approval of this Variance would adversely affect any adjacent properties. The last Variance request is from the required minimum 5 ft. wide Side-yard setback along the South property line to a minimum of 1 ft. for a storage trailer as shown. The present zoning of MU Mixed Use allows for either a 0 ft. setback or a minimum of a 5 ft. setback. The placement of the storage trailer at 1 ft. from the property line allows for the trailer and the existing parking spaces to be unaffected. The Petitioners do not believe approval of the placement of the storage trailer to 1 ft. off of the property line would affect any of the surrounding properties. The last portion of this Petition concerns the request to ask for approval of Special Exception Uses as allowed under Section 21-03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-site Parking) and under Section 21-02.11 (b) (2) (B) (3) of the City of South Bend Zoning Ordinance to allow for a Storage Trailer for a Two (2) Year period of time as shown on Parcel "B". The request for the Special Exception for the off-site parking lot was approved previously. The only change has been to add one more parcel where the home was located on Madison Street. The request for approval of the Special Exception Use is due to the fact that these properties are presently zoned "MU" Mixed Use District. The Ordinance requires that parking lots which do not contain a primary use to be approved as a Special Exception Use. The second Special Exception request is to allow for the placement of a Storage Trailer for a Two (2) year period of time. This request is needed as the property is zoned MU Mixed Use and a storage trailer is only allowed as a Special Exception. The storage trailer will be used by the School to place athletic equipment at a location convenient to the athletic fields and in a secure structure. The Petitioners would ask the Board Members to agree that approval of the Special Exception Uses to allow for off-site parking lot for the School campus and the storage trailer for athletic equipment, 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 uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are 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) . • 8 The Petitioners believe that the relocation of the school campus to the shown Petition site has had a positive effect on the neighborhood, as it took an existing Hospital site which was vacant and allowed for a new use which will serve the community for decades to come. The Petitioners believe that approval of the above Special Exception Uses for the school will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners would ask the Board Members to agree that approval of the above described Variances and the Special Exception Uses will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contends that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to. the property for which the Variances and the Special Exception Uses are sought: that the need for the Variances and the Special Exception Uses 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 Variances and Special Exception Uses will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations a - 4011111; Michael J. Danch411111. President Danch, Harper & Associates, Inc. • Property Owners Within 300 Feet St.Joseph Regional Center South Diocese of FT. Wayne South Bend Inc Leeann Rappelli Bend Campus 915 S Clinton St PO Box 644 PO Box 1935 Fort Wayne, IN.46801 Notre Dame, IN. 46556 South Bend, IN. 46634 Tax Key*018 5020 068401 Tax Key#018 5015 0487 Tax KPv#0111 5094 nRRn Pregnancy Help Center Diocese of Fort Wayne South Bend St.Joseph Regional Medical Center PO Box 283 Inc South Bend Campus Mishawaka, IN. 46546 226 N Hill St PO Box 1935 Tax Key#018 5020 071801 South Bend, IN. 46617 South Bend, IN. 46634 Tax KPV#n1R.Snns 0145 Tax KPV#n1 fl 5094 nRRM1 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Inc Inc Inc 226 N Hill St 226 N Hill St 226 N Hill St South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Kav#M R 50nA 0131 Tax KPv#n1 R 5008 0137 Tax KPv#n1 R 5nnA 0138 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Mary Ann Hatch/Gladys Cronk Trust Inc Inc 2140 Barnett St 226 N Hill St 226 N Hill St Oxnard, CA. 93033 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key*018 5015 0471 Tax Kav#01 R 50nR 0143 Tax KPv#n 1 R .SnnR 0144 Gross &Cohen Notre Dame LLC Gross&Cohen Notre Dame LLC ENDO Properties LLC 832 N. Notre Dame Ave 3731 5th Street South 225 N.Notre Dame Ave South Bend, IN.46617 Birmingham, AL. 35253 South Bend, IN. 46617 Tax Key.#018 5016 0525 Tax Key#018 5016 0527 Tax Key*018 5016 0542 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Inc 211 N St.Louis Blvd Inc 226 N Hill St South Bend, IN. 46617 226 N Hill St South Bend, IN.46617 Tax Key#018 5006 0149 South Bend, IN. 46617 Tax Kav#01 R 500s 015001 Tax KPv#01 R 5008 0142 Joseph&Suzanne Gelchion KW Building Corp Diocese of Fort Wayne South Bend 1007 N Frances 211 N St.Peter Inc South Bend,IN.46617 South Bend, IN. 46617 915 Clinton Tax Key#018 5008 0231 Tax Key#018 5015 0489 Fort Wayne, IN. 46801 Tax KPv#n1 R 5n2n 0707 OB Gyn Associates of South Bend Eddy Property Dev LLC Diocese of Fort Wayne South Bend 6301 University Commons*310 211 N Eddy St Inc South Bend, IN.46635 South Bend, IN. 46617 226 N Hill St Tax Key#018 5016 0556 Tax Key*018 5016 055601 South Bend, IN. 46617 Tax KPv#n1R 5008 014n Gross&Cohen Notre Dame II LLC Laszlo&Martha Nemeth OB GYN Associates of South Bend 832 N. Notre Dame Ave 14860 Brick Rd 6301 University Commons#310 South Bend, IN.46617 Granger, IN. 46530 South Bend, IN. 46635 Tax Key#018 5016 0522 Tax Key*018 5015 0476 Tax Key#018 5016 0552 Kerri Kramer ENDO Properties LLC Colip Real Estate LLC 13937 Hearthside 225 N. Notre Dame Ave PO Box 535 Granger, IN. 46530 South Bend, IN. 46617 Bridgman, MI. 49106 Tax Key#018 5016 0521 Tax Key#018 5016 0539 Tax Key#018 5015 0472 Cory Life Estate.Tom &Margaret Colip Real Estate LLC Leeann Rappelli Shafer PO Box 535 PO Box 644 1220 N Kaley Bridgman, MI. 49106 Notre Dame, IN. 46556 South Bend, IN. 46617 Tax Key#018 5015 0474 Tax Key#018 5015 0483 Tax Kav#01R 5015 0471 Gross&Cohen Notre Dame LLC Diocese of Fort Wayne South Bend Saint Joseph Medical Center Inc 832 N. Notre Dame Ave Inc PO Box 1935 South Bend, IN. 46617 915 S Clinton South Bend, IN.46634 Tax Key*018 5015 0484 Fort Wayne, IN. 46802 Tax Key#018 5020 0718 Tax Kav#n1R 5(119 nR5R ND Realty Dan Hamilton Leeann Rappelli 52273 Tally Ho Dr N PO Box 1623 PO Box 644 South Bend, IN. 46635 South Bend, IN. 46634 Notre Dame, IN. 46556 Tax Key#018 5009 0264 Tax Key#018 5015 0485 Tax Key#018 5016 0520 Dan Hamilton Kern i Kramer LaSalle LLC PO Box 1623 812 LaSalle 814 LaSalle South Bend, IN. 46634 South Bend, IN. 46617 South Bend, IN. 46601 Tax Key#018 5015 0486 Tax Key#018 5016 052001 Tax Key#018 5016 0535 ENDO Properties LLC ENDO Properties LLC OB GYN Associates of South Bend 225 N Notre Dame Ave 225 N Notre Dame Ave PC South Bend, IN. 46617 South Bend, IN. 46617 6301 University Commons#310 Tax Key*018 5016 0536 Tax Key#018 5016 0537 South Bend, IN. 46635 Tax Kav#n1 R 501R 0550 OB GYN Associates of South Bend OB GYN Associates of South Bend White Lotus Properties PC PC 1475 Anvil Ct 6301 University Commons#310 6301 University Commons#310 Bartlett, IL. 60103 South Bend, IN.46635 South Bend, IN. 46635 Tax Key#018 5024 0818 Tax Kav it 018 5018 0551 Tax Kav#n1 R 5015 0554 E and L Associates Aaron Yoder John & Patricia Larkin,Margaret Larkin 7 Fielding Road 3606 Corby Blvd 919 E Lasalle Saint Louis, MO. 63124 South Bend, IN.46615 South Bend, IN.46617 Tax Key#018 5020 0725 Tax Key*018 5020 0726 Tax Key#018 5020 0727 Howard &Patricia Sappington Deen Smith Randall Smith Charlotte Earth Designs Real estate LLC 923 E Lasalle Ave Smith PO Box 148 South Bend, IN. 46617 1501 N Elmer South Bend, IN. 46624 Tax Key#018 5020 0728 South Bend, IN. 46628 Tax Key#018 5009 0276 Tax Kav#01R 5nn9 0975 TADDEO Holdings LLC TADDEO Holdings LLC TADDEO Holdings LLC 623 Lasalle Ave 623 Lasalle Ave 623 Lasalle Ave South Bend, IN.46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5009 0277 Tax Key#018 5009 0274 Tax Key#018 5009 0278 Gerard McDonald Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend 15877 Leminaire Ct Inc Inc Mishawaka, IN. 46545 915 S Clinton St. 915 S Clinton St. Tax Key#018 5009 0273 Fort Wayne, IN. 46801 Fort Wayne, IN. 46801 Tax KPv#018 5009(1949 Tax KPv#n1 R 5009 0954 Three Sisters B&B LLC Diocese of Fort Wayne South Bend ND Realty 1905 Campbell St Inc 52273 Tally Ho Dr N Valparaiso, IN. 46385 915 S Clinton St. South Bend, IN. 46635 Tax Key#018 5020 0679 Fort Wayne, IN.46801 Tax Key#018 5009 0263 Tax KPv#n1R 5020 nRRR Gross& Cohen Notre Dame II LLC Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend 832 N Notre Dame Ave Inc Inc South Bend, IN. 46617 915 S Clinton St. 915 S Clinton St. Tax Key#018 5026 0931 Fort Wayne, IN. 46801 Fort Wayne, IN. 46801 Tax KPV it(11 R 5009 027n Tax Kay#01/1 5009 0989 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend 328 Notre Dame Avenue LLC Inc Inc 59625 County Road 13 915 S Clinton St. 915 S Clinton St. Elkhart, IN. 46517 Fort Wayne, IN. 46801 Fort Wayne, IN.46801 Tax Key#018 5020 0708 Tax KPv#n1R 5009 0981 Tax KPv It 01R.5;(1(19 0267 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Saint Joseph Regional Medical Center Inc Inc South Bend Campus 915 S Clinton St. 915 S Clinton St. PO Box 1935 Fort Wayne, IN. 46801 Fort Wayne, IN. 46801 South Bend, IN. 46634 Tax Kav#n 1 R 5009 0988 Tax KPv#MR 5009 0943 Tax KPv it n1R 5094 nR75 Gross&Cohen Notre Dame II LLC Lorraine Macswain Georgia Murphy 832 N Notre Dame Ave 623 Woodside Way 19250 Serene Dr South Bend, IN. 46617 Redwood City, CA. 94062 South Bend, IN. 46637 Tax Key#018 5026 0941 Tax Key#018 5026 0932 Tax Key#018 5026 094101 Virginia Hernandez Kenneth Kent&Mark Kramer Gross &Cohen Notre Dame II LLC PO Box 11700 812 E Lasalle Ave 832 N. Notre Dame Ave South Bend, IN. 46637 South Bend, IN. 46617 South Bend, IN.46617 Tax Key#018 5024 0815 Tax Key#018 5026 0930 Tax Key#018 5026 0933 Kenneth L Kent Jr Kenneth L Kent Diocese of Fort Wayne South Bend 15398 Roscommon Ln 15398 Roscommon Ln Inc Granger, IN.46530 Granger, IN. 46530 915 S Clinton St. Tax Key#018 5026 093401 Tax Key#018 5026 093501 Fort Wayne, IN. 46801 Tax Kay it 018 50(19 0958 Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Diocese of Fort Wayne South Bend Inc Inc St.Joseph Church 915 S Clinton St. 915 S Clinton St. 226 N.Hill St Fort Wayne, IN.46801 Fort Wayne, IN. 46801 South Bend, IN.46617 Tax KEW it n 1 R 55(108 0189 Tax KPv it 018 Sons 11148 Tax KPv#n1 R snnR 0141 Diocese of Fort Wayne South Bend Colip Real Estate LLC Gross &Cohen Notre Dame LLC St.Joseph Church PO Box 535 832 N. Notre Dame Ave 226 N Hill Bridgman, MI. 49106 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5015 0475 Tax Key#018 5015 0477 Tax Kay#018 SOUR n14R Leeann Rappelli Cheryl Ford Werner Kern Kramer PO Box 644 224 N Saint Peter 13937 Hearthside Dr Notre Dame, IN. 46556 South Bend, IN.46617 Granger, IN. 46530 Tax Key#018 5015 0488 Tax Key#018 5016 0523 Tax Key#018 5016 0524 OB GYN Associates of South Bend AJP Real Estate Group LLC Gross& Cohen Notre Dame II LLC PC PO Box 8318 832 N Notre Dame Ave 6301 University Commons #310 South Bend, IN. 46660 South Bend, IN. 46617 South Bend, IN. 46635 Tax Key#018 5026 0942 Tax Key#018 5026 0943 Tax Kav it 01R 5M R(1553 • Gross&Cohen Notre Dame II LLC James Bowers Gregory Portolese 832 N Notre Dame Ave 915 E Cedar 919 E Cedar South Bend, IN.46617 South Bend, IN. 46617 South Bend, IN.46617 Tax Key#018 5026 0944 Tax Key#018 5026 0945 Tax Key#018 5026 0946 Gregory Portolese Diocese of FT Wayne South Bend Inc Diocese of FT Wayne South Bend Inc 919 E Cedar 915 S Clinton St 915 S Clinton St South Bend, IN.46617 Fort Wayne, IN. 46801 Fort Wayne, IN.46801 Tax Key#018 5026 0947 Tax Key#018 5009 0245 Tax Key#018 5009 0257 Andrew Zywicki Kern Kramer William Paul LLC 321 N Francis 812 E Lasalle 926 E Lasalle South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN.46617 • Tax Key#018 5020 0717 Tax Key#018 5020 0720 Tax Key#018 5016 0559 Dean Domogala Diocese of FT Wayne South Bend Inc Diocese of FT Wayne South Bend Inc 311 N Francis 915 S Clinton St 915 S Clinton St South Bend, IN. 46617 Fort Wayne, IN. 46801 Fort Wayne, IN. 46801 Tax Key#018 5020 0721 Tax Key#018 5020 0714 Tax Key#018 5020 0683 Gross&Cohen Notre Dame LLC St.Joseph Regional Medical Center Tim,Mary Michael Hoban 832 N Notre Dame Ave South Bend Campus 205 N St.Louis South BEnd, IN. 46617 PO Box 1935 South Bend, IN. 46617 Tax Key#018 5020 0715 South Bend, IN. 46634 Tax Key#018 5008 0235 Tax KPv it M R 5f7n(1715 Tim,Mary Michael Hoban Frank& Suzanne Petsche Eberhart Partnership 205 N St.Louis 17401 Eldorado Lane 316 S Eddy South Bend, IN. 46617 South Bend, IN.46635 South Bend, IN.46617 Tax Key#018 5008 0236 Tax Key#018 5008 0236 Tax Key*018 5008 0225 Joseph &Suzanne Glechion Joseph &Suzanne Glechion Joseph &Suzanne Glechion 1007 N Frances St 1007 N Frances St 1007 N Frances St South Bend, IN.46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5008 0233 Tax Key#018 5008 0232 Tax Key#018 5008 0230 Joseph &Kathleen Crimmins Joseph & Kathleen Crimmins M Anderson LLC 1832 Campeau 1832 Campeau 1224 E Wayne South Bend, IN.46617 South Bend, IN. 46617 South Bend, IN. 46615 Tax Key#018 5008 0229 Tax Key#018 5008 0228 Tax Key#018 5008 0227 Memorial Hospital of South Bend Inc Burkhart Advertising Inc. Memorial Hospital of South Bend Inc 615 N Michigan 1247 Mishawaka Ave 615 N Michigan St. South Bend, IN.46601 South Bend, IN. 46615 South Bend, IN. 46601 Tax Key#018 5008 0218 Tax Key#018 5008 0226 Tax Key#018 5008 0202 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 December 6,2012 The Honorable St. Joseph County Council 4th Floor, County-City Building South Bend,Indiana 46601 RE: Petition for Special Exception of Diocese of Fort Wayne-South Bend ABZA 12/5/12 Dear Council Members: The above referenced petition of Diocese of Fort Wayne-South Bend was legally advertised on November 15, 2012. The Area Board of Zoning Appeals gave it a public hearing on December 5, 2012, at which time the following action was taken: Upon a motion by Mr. Matthys, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow an accessory use of off-site parking and for the temporary location of a mobile storage trailer for a period of two years, on property located at 325, 327, &333 S. Louis Blvd., 336 Hill St., 618 Madison St., and 453 Notre Dame Ave., is sent to 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, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS DIOCESE FT. WAYNE-SOUTH BEND FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building,fire safety,traffic, and parking regulations as to not being injurious to the public health, safety,morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT rN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN 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: ADOPTED this 5TH Day of December,2012. YES NO MICHAEL URBANSKI RANDALL MATTHYS JACK YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH