The URL can be used to link to this page

Home My WebLink About10-26-15 REVISED Agenda, Packet & Committee Meeting Notice kat it:;r. iU C- OFFICE OF THE CITY CLERK JOHN VOORDE,CITY CLERK REVISED October 22, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday, October 26. 2015 at the Council Informal Meeting Room,4th Floor County-City Building,227 W. Jefferson Blvd., South Bend, Indiana: 4:15 P.M. ZONING &ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 36-15— Rezoning—2906, 2901 &2920 Mishawaka Ave. 2. Bill No. 37-15— Rezoning/Special Exception—706 Eddy St. and 1111 Bissell 3. Bill No. 38-15—Rezoning—600 Block of North Hickory Road &3500 Block of East McKinley Ave. 1. Bill No. 35-15—Rezoning—635 S. Lafayette Blvd. 4:45 P.M. PUBLIC WORKS & PROPERTY VALERIE SCHEY, CHAIRPERSON VACATION 1. Bill No. 67-15—Amend Various Sections of Chapter 6 in the SBMC- addressing Minimum Permit Fees and Service Charges of the Building Department 5:00 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 66-15—Establish an Economic Development Target Area, Former Chase Tower and Adjacent Parking Lot 2. Bill No. 15-95—Designating Tax Abatement—Apartments Located at The Tower at Washington Square LLC- 10 year real Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Utilities Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendlN.gov KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. REVISED AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, OCTOBER 26, 2015 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 15-94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PLEDGING ITS SUPPORT TO THE SOUTH SHORE LINE 6 . REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 36-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906, 2910, AND 2920 MISHAWKA AVENUE, SOUTH BEND IN 46615, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 37-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 706 EDDY ST. AND 1111 BISSELL, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 38-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 600 BLOCK OF NORTH HICKORY ROAD AND THE 3500 BLOCK OF EAST MCKINLEY AVENUE, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 39-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 635 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 67-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 6, ARTICLES 1, 2 , 4 , 6 , 7 AND 11 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINIMUM PERMIT FEES AND SERVICE CHARGES OF THE BUILDING DEPARTMENT 66-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, FORMER CHASE TOWER AND ADJACENT PARKING LOT 8 . BILLS, THIRD READING TIME: BILL NO. 36-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906, 2910, AND 2920 MISHAWKA AVENUE, SOUTH BEND IN 46615, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 37-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 706 EDDY ST. AND 1111 BISSELL, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 38-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 600 BLOCK OF NORTH HICKORY ROAD AND THE 3500 BLOCK OF EAST MCKINLEY AVENUE, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 39-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 635 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 67-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 6, ARTICLES 1, 2, 4, 6, 7 AND 11 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINIMUM PERMIT FEES AND SERVICE CHARGES OF THE BUILDING DEPARTMENT 66-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, FORMER CHASE TOWER AND ADJACENT PARKING LOT 9. RESOLUTIONS BILL NO. 15-95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR APARTMENTS LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 10 . BILLS, FIRST READING BILL NO. 11 . UNFINISHED BUSINESS 1 . REPORTS FROM AREA PLAN COMMISSION A. BILL NO. 47-15 - REZONING-1205 & 1151 HICKORY RD B. BILL NO. 48-15 - REZONING-1619 & 1623 FRANKLIN ST. C. BILL NO. 49-15 - REZONING-1714 & 1716 S. MICHIGAN ST. D. BILL NO. 50-15 - REZONING/ANNEXATION - THE WEST PORTION OF 52933 SHELLBARK AVE. E. BILL NO. 64-15 - AMEND CHAPTER 21 OF THE SBMC REGARDING NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. ' M,M i�4 o%ftSOD T$8:'�4s 19i r "te^� ,",, a?it •OFFICE OF THE CITY CLERK JOHN VOORDE,CITY CLERK • October 22, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday, October 26. 2015 at the Council Informal Meeting Room,4th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana: 3:30 P.M. ZONING &ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 36-15—Rezoning—2906, 2901 &2920 Mishawaka Ave. 2. Bill No. 37-15—Rezoning/Special Exception—706 Eddy St. and 1111 Bissell 3. Bill No. 38-15—Rezoning—600 Block of North Hickory Road &3500 Block of East McKinley Ave. 1. Bill No. 35-15—Rezoning—635 S. Lafayette Blvd. 4:00 P.M. PUBLIC WORKS &PROPERTY VALERIE SCHEY, CHAIRPERSON VACATION 1. Bill No. 67-15—Amend Various Sections of Chapter 6 in the SBMC- addressing Minimum Permit Fees and Service Charges of the Building Department 4:15 P.M. COMMUNITY INVESTMENT GAVIN FERLIC,CHAIRPERSON 1. Bill No. 66-15—Establish an Economic Development Target Area, Former Chase Tower and Adjacent Parking Lot 2. Bill No. 15-95—Designating Tax Abatement—Apartments Located at The Tower at Washington Square LLC- 10 year real 4:35 P.M. UTILITIES DAVID VARNER, CHAIRPERSON 1. Bill No. 25-15—Amend Chapter 16 of the SBMC to Provide Yard Waste Removal Solely from City Furnished Containers 2. Bill No. 26-15—Amend Chapter 16 of the SBMC to Adjust Fees for City Collection and Disposal of Refuse Materials (Solid Waste) 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendlN.gov KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Utilities Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, OCTOBER 26, 2015 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 15-94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PLEDGING ITS SUPPORT TO THE SOUTH SHORE LINE 6 . REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 36-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906, 2910, AND 2920 MISHAWKA AVENUE, SOUTH BEND IN 46615, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 37-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 706 EDDY ST. AND 1111 BISSELL, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 38-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 600 BLOCK OF NORTH HICKORY ROAD AND THE 3500 BLOCK OF EAST MCKINLEY AVENUE, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 39-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 635 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA 25-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS 26-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, SECTIONS 16-6 AND 16-8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS 67-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 6, ARTICLES 1, 2, 4 , 6, 7 AND 11 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINIMUM PERMIT FEES AND SERVICE CHARGES OF THE BUILDING DEPARTMENT 66-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, FORMER CHASE TOWER AND ADJACENT PARKING LOT 8 . BILLS, THIRD READING TIME: BILL NO. 36-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906, 2910, AND 2920 MISHAWKA AVENUE, SOUTH BEND IN 46615, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 37-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 706 EDDY ST. AND 1111 BISSELL, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 38-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 600 BLOCK OF NORTH HICKORY ROAD AND THE 3500 BLOCK OF EAST MCKINLEY AVENUE, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 39-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 635 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6. IN THE CITY OF SOUTH BEND, INDIANA 25-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS 26-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, SECTIONS 16-6 AND 16-8 OF THE SOUTH BEND , MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS 67-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 6, ARTICLES 1, 2, 4, 6, 7 AND 11 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINIMUM PERMIT FEES AND SERVICE CHARGES OF THE BUILDING DEPARTMENT 66-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, FORMER CHASE TOWER AND ADJACENT PARKING LOT 9 . RESOLUTIONS BILL NO. 15-95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR APARTMENTS LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 10 . BILLS, FIRST' READING BILL NO. 11 . UNFINISHED BUSINESS 1. REPORTS FROM AREA PLAN COMMISSION A. BILL NO. 47-15 - REZONING-1205 & 1151 HICKORY RD B. BILL NO. 48-15 - REZONING-1619 & 1623 FRANKLIN ST. C. BILL NO. 49-15 - REZONING-1714 & 1716 S. MICHIGAN ST. D. BILL NO. 50-15 - REZONING/ANNEXATION - THE WEST PORTION OF 52933 SHELLBARK AVE. E. BILL NO. 64-15 - AMEND CHAPTER 21 OF THE SBMC REGARDING NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Depot) Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BENZ), INDIANA 46601 (574) 235.9571 Wednesday,September 16,2015 f The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of John&Wendy Bognar to zone from MU Mixed Use District to CB Community Business District and seeking the following two variances: 1)from the required minimum 39 off-street parking spaces to 0; and 2)from the required foundation landscaping to none,property located at 2906,2910 and 2920 Mishawaka Avenue,City of South Bend-APC#2750-15. Dear Council Members: I hereby Certify that the above referenced ordinance of John& Wendy Bognar was legally advertised on Thursday, September 03,2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15, 2015 took the following action: Upon a motion by Gerry Phipps,being seconded by Oliver Davis and unanimously carried,a proposed ordinance of John & Wendy Bognar to zone from MU Mixed Use District to CB Community Business District, property located at 2906,2910 and 2920 Mishawaka Avenue, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. This rezoning is a responsible,adaptive- reuse of an existing building on a well-established commercial corridor. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: John& Wendy Bognar Lance Huffer, DVM Chester, Inc.Att: Steve DeBold • SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND % y./ STJ OS EP MC OU NTYI NO IAN A OM/AREAPLAN Staff Report 9/4/2015 Utilities: This site is served by municipal sewer and water. Agency Comments: The County Surveyor offers a favorable recommendation. City Engineering offers a favorable recommendation,subject to the following conditions: I) The vacation of the alley as shown on the preliminary site plan,along with the following two conditions: a)dedication of an easement at the southeast corner of the building to accomplish turns by long utility trucks; and b)closure of the existing Mishawaka Avenue alley approach with curb and sidewalk; 2) Renewing the pavement in the east-west alley south of the building and the two alleys leading to Nursery Court(since they will be the primary access to the loading area); 3) Providing a drainage plan for the site,which retains surface water on site, including roof drainage. Any roof drains currently connected to sanitary sewer shall be disconnected; 4) Upgrading the sewer lateral(s)serving the building to the size and standard needed for veterinary use; and 5) Provide details for ADA compliant sidewalk at the driveway approach crossing on Mishawaka Avenue. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the future land use map, and Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The future land use map identifies this area as mixed use. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Mishawaka Avenue has a mix of residential and commercial uses. This portion of the commercial corridor is primarily mixed use with LB Local Business District at the intersection of Mishawaka and 30th Street. 3. Most Desirable Use: The most desirable use for this site is one that is consistent with the mixed use nature of Mishawaka Avenue. 4. Conservation of Property Values: Due to the established commercial nature of the area, surrounding property values should not be adversely affected. APC# 2750-15 Page 2 of 3 Staff Report 9/4/2015 Utilities: This site is served by municipal sewer and water. Agency Comments: The County Surveyor offers a favorable recommendation. City Engineering offers a favorable recommendation, subject to the following conditions: 1) The vacation of the alley as shown on the preliminary site plan,along with the following two conditions:a)dedication of an easement at the southeast corner of the building to accomplish turns by long utility trucks; and b)closure of the existing Mishawaka Avenue alley approach with curb and sidewalk; 2) Renewing the pavement in the east-west alley south of the building and the two alleys leading to Nursery Court(since they will be the primary access to the loading area); 3)Providing a drainage plan for the site,which retains surface water on site, including roof drainage. Any roof drains currently connected to sanitary sewer shall be disconnected; 4) Upgrading the sewer lateral(s) serving the building to the size and standard needed for veterinary use; and 5) Provide details for ADA compliant sidewalk at the driveway approach crossing on Mishawaka Avenue. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the future land use map,and Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The future land use map identifies this area as mixed use. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Mishawaka Avenue has a mix of residential and commercial uses. This portion of the commercial corridor is primarily mixed use with LB Local Business District at the intersection of Mishawaka and 30th Street. 3. Most Desirable Use: The most desirable use for this site is one that is consistent with the mixed use nature of Mishawaka Avenue. 4. Conservation of Property Values: Due to the established commercial nature of the area, surrounding property values should not be adversely affected. APC # 2750-15 Page 2 of 3 $taffRepoit 9/4/2015 5. Responsible Development And Growths It is responsible growth and development to allow this site to be used to its full commercial potential. Staff Comments: This is a combfped public hearing procedure,which includesia rezoning and two,variances from the developinentstandards The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. The variances are as follows: 1) from the required minimum 39 off-street parking spaces to 0; and 2)from the required foundation landscaping to none, State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved (1)The approval will not be injurious to the public health, safety,morals,and general welfare of the community.The site is an existing commercial development. The site will be served by off-site off-street parking from the lot east of the alley. The absence of foundation landscaping will be consistent with the rest of the businesses along Mishawaka Avenue. (2)The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner. The variances requested will not impact surrounding properties. There is a parking lot adjacent to the property which will service the use of this site. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The entire length of both facades contain hard surface improvements up to the foundation. Strict application of the ordinance would require those to be removed, which would interfere with pedestrian and vehicular traffic. Recommendation: Based on information available prior to the public hearing, staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of both variances. Analysis: This rezoning is a responsible,adaptive-reuse of an existing building on a well-established commercial corridor. APC # 2750-15 Page 3 of 3 ----- � f�. ''� -' -' _� 1 � �'�:��-:.-'•".:-•:�ia . .f..—_ -:_ ire.'. : :.c-. � �-c•r.,_. _ _ -- 3 •> v "` �--_i[f��?9 _____p: :A +. p, .:,,,,-ii--.. s tY ,r. REZO�JIN C ' Ty 0 #2750-1 5 ,,.4..e1:7:',1,1,`. '",. I-, 4 _ ri.-I':„" 12•1•.L, i lY - I 1 s'`" •'_; 1: y or P1M� i�ii tea.. E •; -�1 .. 1 f. t .p ,:fix. ,' { { I' 1,..,• " + i ' '' I 1 • ji,. c ,� t �..• mg, F / j . f - '`-- i,:`- _i '�Y�.g_- r •i y- 7 ,T106.W1, 4^ .r`3s_, .1 ( / 11 + 1;,-f4., , - i �'. INI - �- �.t.n.: ',. d' ^'day I . t r.. � � 1�"�cw 1 1.7..minuaT �} C� r, _-ifil , :. .. ..,. . , I . , ,. . /,,,,,....:....._. .,.! . .... ...It • te • - i _). Mil EMU *,r . .. M;�C'"...""'uh'r.•tf11t ._�i a ,: ;,f�. _.,p -" •�7 F.•, ...7- .. �' R' }' r{'.r '-3-`- `f.:. y p ' �^ + -.. r1..• + y f r ' `ti y -' i 7f'1 �;r ...c� !? ,.11-. r j' r, -',/f r- .Cif t 1" 1 / 4; t"' - Y."-, - '; : I rr J 7 v. .,� fi.A'�9 y - -,:- • I'' i t, •' ! r- .� i if r k•"i „Ake: � c r ,, t . r' 1 . ) e - - ' ,.'4',:e itri;'..;:`34; '• • i...:777r:Th... .-.. H.;11. . . 1 ill';-;'-.7.-.:1 iV+- q' �71: l ::- t. i t t j `1�..1 ) 1 _ 1 :'Ir, Z ni .9 f + p,-n'Y: 1 ;Viz. �,+r 1.' _ `� °1s�L -� I; 111 lr , 1 • f i t} ^ • lO• . + N w� �� c';. . -• •,,I S i„,,!1" •�.� • y 7 ?y r.• , ;;;•', - , - c • ... - f''.� I '�. ."' :, kin. ' t n . .�• �[1•'•�H f . + .+1 � i� � T•1 r �. te..- - . ', _ ' + �l i i l a`• —__._ _ - r , •* '. ' �.7I , I• •131__ _ FT Y _ 4 . , _-_ - I it ._ y• 1,i...,—]la•�• , . 71. r ?•1 , j 'i T.:. , 1,. {, ....�... '-fie , 'li ly ` f-.:-,-. ,•. ,.� , .1 inch..= 100 feet . : .� '' a — PORTAGE,TOtNNSH I P -�'' r. Ittr ,..• . .1 .1, i 49 / . , 1 ,••,. -:''''..• • ! 7 ' . , „• t., 7,-_,:„....—.....--- -..—....as f} _ .....„..-•:_-?- ....."^1^1.:■Igia ' ' ''' ."'' -• " '' Ift-' .,4.„4..,,-, '.1r..,.,, ri.I '/ . r --,,,'''. , ''.:t:'' 56 .1 r ( --4-�-•1i7 .+.- .- ,. '•s£ ' I It � ' 1 '• .ill F 4.{ :,;A;',..7,-.1.,,,,L''''''`1. ♦,�,;, �,., <_F' n4� K �'rh�1y'mk•�{.M ..iv...'b ��, 9..•`:SOUTH BEND f J r��i MU/ k` 71. 0-&-' � ,; I;J.. F y NIU --_--..-2,=.- :-',' '' '',- ,' 1 i,.. r 0 g Kid t!! ! IA -r, ...;,..„,.. ., . . ..., ...,.4.: .. tue/A:.'01 , : . _ SF2 14-'i�1 . 1 - y�-cecl^ I F� �f• MIPINI ' .� `5Y SF2 �F rTi 1 r _ Phi _ ..opts.,.. f�., I, ti.. E : r A'� -- -- __ ry ` iY:.ec s t E s 4 ,. 3 0 i ? c4. ,„ � j ?.. ;:_. /1<�� Nursery ---3-- --, I y� :1�� r t'�� 5� -• .tt,... 1 ... ; .,g..ii'----. - • [f 1. . li,Cr(I r a -- �r it 1 j i • A Ur4 It, Op P; iLL 1 � s {r I— IC _ _ Rezoning from: "MU" MIXED USE DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT N MASTER ZONING KEY tja-iy SOUTHBEND SF2 SINGLE Fr,I'ILl'P.NDT't^iOFi-.!!ILYDISTRICT At ; ','7`- E SOUTH BEND°I'P. URBAN CC/RWDC:'R!;'ULTIFAR Ill'C15TR1CT SOUTH BEND 'OB"OFFICE BUFFER DISTRICT SOUTH BEND 'I.'Lr I'LYED USE CISTRICr 1 inch = 100 feet SOUTH BEND LB: LC•C.AL BUSINESS DISTRICT APC # 2750-15 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906,2910, AND 2920 MISHAWAKA AVENUE, SOUTH BEND, IN 46615, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTIES ARE LOCATED AT 2906,2910,AND 2920 MISHAWAKA AVENUE AND IS CURRENTLY ZONED MU-MIXED USE. WE ARE REQUESTING TO REZONE THE PROPERTIES TO CB- COMMUNITY BUSINESS AND ALSO REMODEL AND MAKE IMPROVEMENTS TO THE PROPERTY IN ORDER TO OPERATE A VETERINARY HOSPITAL WITH INDOOR PATIENT BOARDING AT THIS LOCATION. 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: LOT 16 AND 17 OF NURSERY PLACE SUBDIVISION, LOT A RIVER PARK. LOT 21 OF NURSERY PLACE SUBDIVISION, LOT A RIVER PARK. AND 42 1/4 FEET OF THE WEST END OF LOTS 1 AND 2, EGGLESTONS 1sT ADDITION. be and the same is hereby established as MU Mixed Use District SECTION H. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor,and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend,Indiana on the day of 20 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 Filed in Office 1* READING LOT AUG 4 2PUBLIC HEARING 3 rd READING JOHN WORD?: NOT APPROVED CITY CLERK,SOUTH BEND,IN REFERRED A - p ��r PASSED PETITION FOR A COMBINED PUBLIC HEARING City of South Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: 2906, 2910, and 2920 Mishawaka Avenue, South Bend, Indiana 2) The property Tax Key Number(s)is/are: 018-6043-1409, 018-6043-1408, 018-6045-1457 3) Name and address of property owner(s)of the petition site: John and Wendy Bognar 2910 Mishawaka Avenue South Bend, IN 46615 574-210-6153 Name and address of additional property owners,if applicable:N/A 4) Name and address of contingent purchaser(s), if applicable: Lance Huffer, DVM 2621 West Mishawaka Avenue South Bend,IN 46615 574-282-2303 Name and address of additional property owners,if applicable: N/A 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District N/A To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Veterinary Hospital with Indoor Patient Boarding 7) If applicable,a detailed description and the purpose of the variance(s)being requested: Section 21-07.04, Table 21-07.04 E. According to the ordinance One(1)parking space is required per every four-hundred(400)square feet of gross floor area. The existing building is 15,797 sgaure feet and will have 6-8 exam rooms with up to 3 doctors at the facility at one time. We are asking for a reduction of parking spaces from 39 spaces to 0 spaces because the majority of the parking spaces for this property are located adjacent to the building within the alley and also east of the alley at 2920 Mishawaka Avenue belonging to the owner. 39 parking spaces is more spaces than are needed to nm the proposed business. 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety, morals and general welfare of the community: This approval will not be injurious to the public health, safety, morals and gereral welfare of the community because our plans are to take an existing vacant building and parking lot and improve upon it. The building along with the parking lot will receive improvements. Currently with the old busines, customers would park on the east side of the parking lot within the desiganted striped parking spaces but also along the building within the alley way. Our plans are to vacate the alley, stripe areas along the building where cars already park, move the entry drive east and away from the building creating a much safer approach into the parking lot and also create some upfront landscaping to soften the impact of the parking lot. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: With the proposed improvements to the existing building and parking lot will only add value and function for the community and the surrounding properties. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: There simply is not enough space to allow 39 parking spaces on this property. However, we strongly feel that the proposed parking spaces shwon along with overflow off-site parking is more than sufficient for proper and safe operation of this facilty at this location. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) Attached,and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Steve DeBold- Chester, Inc. 555 Eastport Centre Drive Valparaiso, IN 46383 219-465-7555 steved@chesterinc.com Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): Filed in Clerk's Office BUG ` 42Q15 JOHN il06.�''. ;; C:TY CLERK,SOU7i• :; ND,IN s a" ' c L 1 t c 3 J---t r LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR q3c Angela M. Smith AREA pPLAN COMMISSION OF ST.JOSEPH COUNTY, IN Wednesday,FSeptember°16,LUt 1140 COUNTY•CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE A combined public hearing on a proposed ordinance of Five Corners LLC to zone from SF2 Single Family& Two Family District to OB Office Buffer District,and seeking a Special Exception Use to allow for food sales and services and personal services,and requesting the following two variances: 1)From the required landscaping of the required perimeter yards to 2 evergreen trees and 1 deciduous shade tree on the north property line and 3 deciduous shade trees on the south property line;and 2) From the required off-street parking area screening on the north,east,and west property lines to the existing 6'privacy fence,property located at 706 Eddy Street and 1111 Bissell Street, City of South Bend-APC#2751-15. Dear Council Members: 1 hereby Certify that the above referenced ordinance of Five Corners LLC was legally advertised on Thursday, September 03,2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15, 2015 took the following action: Upon a motion by Dan Brewer, being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Five Corners LLC to zone from SF2 Single Family&Two Family District to OB Office Buffer District, property located at 706 Eddy Street and 1111 Bissell Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Eddy Street(S.R. 23) is a heavily traveled arterial corridor. Rezoning this site to OB Office Buffer District with the limited Special Exception Uses permitted will allow for a responsible adaptive-reuse, while providing a buffer between the residential neighborhood and S.R.23. Upon a motion by Dan Brewer being seconded by Oliver Davis and unanimously carried, the Special Exception Use to allow for food sales and services and personal services is sent to the Common Council with a FAVORABLE RECOMMENDATION. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely p ilesas /6\zrk, Lawrence P. Magliozzi Attachment CCbi'L y I @'dineRsaCCOUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.STI OSE P NC OU NTYI NDIA NA.Co N/AREAPLAN Staff Report 9/4/20.1$ APC # 2751-15 Owner: Five Corners LLC Location: 706 Eddy Street and 1111 Bissell Street Jurisdiction: City of South Bend Public Hearing Date: 9/15/2015 Requested Action: The petitioner is requesting a zone change from $F2 Single Family& Two Family District to OB Office Buffer District, seeking a Special Exception Use for Food Sales and Services and Personal Services,and seeking two variances from the development standards. Land Uses and Zoning: On site On site is an existing building with an adjacent parking lot which has been used as a church. ' North: To the north are single family homes zoned SF2 Single Family&Two Family District: East: To the east are single family homes zoned SF2 Single Family&Two Family District. South: To the south across Bissell Street are single family homes zoned SF2 Single Family& Two Family District. West: To the west across Eddy Street are single family homes zoned SF2 Single Family&Two Family District. District Uses and Development Standards: The OB-Office Buffer District is established to promote the development of small scale office, professional, business,governmental and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures,this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site Plan Description: The site consists of two lots with frontage on both Eddy Street and Bissell Street,and totaling 0.24 acres in size. There is an existing 1500 square foot building on the southwest corner of the site which previously served as a church. A parking lot providing 13 spaces is located on the east,with access to Bissell Street. Several existing trees exist on site, along with a 6'privacy fence around the parking lot. Additional trees and landscaping will be placed on site to screen from the adjacent properties. Zoning and Land Use History And Trends: Prior to the adoption of the zoning ordinance in 2004,this site was zoned residential. Traffic and Transportation Considerations: Eddy Street has four lanes. Bissell Street has two lanes with on-street parallel parking. APC# 2751-15 Page 1 of Staff Report 9/472015 Utilities: This site is served by municipal sewer and water. Agency Comments: County Surveyor recommends approval. City Engineering has not yet made comment. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan,South Bend Comprehensive Plan(November 2006). Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The future land use map identifies this area as medium-density residential. Plan Implementation/Otber Plans: The South Bend Northeast Neighborhood Development Area Plan identifies the following goals: l; To ensure neighborhood stability and sustainability for the benefit of the current and future residents and business owners;and 4: To create employment opportunities through new retail and commercial development. 2. Current Conditions and Character: Eddy Street between Sorin Street and Campeau Street is primarily residential. The Perley Primary Fine Arts Academy elementary school is located on the northeast corner of Eddy and Campeau. Several non-residential uses are scattered along the Eddy Street between Campeau Street and South Street,with growing intensity and concentration as you move south. 3. Most Desirable Use: The most desirable use is one that promotes the economic development of South Bend while limiting the impact on surrounding residential properties. 4. Conservation of Property Values: The privacy fence and landscaping will provide screening between the site and surrounding properties,which should not be adversely affected. 5. Responsible Development And Growth: It is responsible growth and development to allow office-buffer uses to develop along arterial co'responsible growth Staff Comments: This is a combined public hearing procedure, which includes a rezoning,a Special Exception Use, and two variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Common Council with or without a recommendation and either approve or deny the variances. APC# 2751-15 Page 2 of Staff Report 9/4/2015 State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. The Special Exception Use is for Food Sales and Services and Personal Services. A special exception use may only be granted based upon the evidence presented at a public hearing, that: (1)The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare. This site has previously been used as a church. The proposed Special Exception Uses are low-impact uses appropriate for a major corridor and should not generate additional traffic to the site. (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The property was previously used for non-residential uses. With proper screening,adjacent properties should not be adversely impacted. (3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is an adaptive reuse of an existing building. No major modifications are planned that would change the character of the area. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan. The comprehensive plan encourages a compatible mix of uses in the community. The variances are as follows: 1. from the required landscaping of required perimeter yards to 2 evergreen trees and 1 deciduous shade tree along the north property line and 3 deciduous shade trees on the south property line;and 2. from the required off-street parking area screening on the north,east,and west property lines to the existing 6'privacy fence. (1)The approval will not be injurious to the public health, safety,morals,and general welfare of the community. The proposed privacy fence will provide the full screening buffer intended in the ordinance. The reduction in landscaping will not be injurious to the public health and safety. (2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The amount of proposed landscaping is sufficient for the size of this site.The 6'privacy fence will screen the parking lot from the surrounding properties. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Due to its small size and dual-frontage, strict application of the ordinance would make the site difficult to develop. Recommendation: Based on information available prior to the public hearing, staff recommends that the rezoning petition and Special Exception Use be sent to the Common Council with a favorable recommendation. Staff recommends approval of both variances. Analysis: Eddy Street(S.R. 23) is a heavily traveled arterial corridor. Rezoning this site to OB APC # 2751-15 Page 3 of ,r $taf£Report - 9/4/2015 Office Buffer District with the limited Special Exception Uses permitted will allow for a responsible adaptive-reuse,while providing a buffer between the residential neighborhood and S.R.23. APC# 2751-15 Page4of4 fI• . 1,i r • • ! c i r ,ir .,. x. ,,,•�s• I _1 . ��'' i REZONIf,G•I..II • '. �� II " it it—1• _ #275. 15 � � *•,-,'c • °� '-Y. :' a t ry Y �tf, :. • u .a. 1¢11 yy i t ,r R ..„•.�g:a�:• 1 Iy•I • -- ..- .I - G' - '' - - .. .� : n 011. 1 tiV e .• t s * F r _+ ' - l , r I' • ` ; t ,1 . ' - w i'. I r• ' T as • .•'..1 ,. t' ti I. :/ e I ',..4 i ... �,••^` y:s� �....._-._..-.._'_ ..�r - . ` � Ij .-4":•;......-; ii ,<: - _ _ l .._ . �r- - .:i r. . . Ca m pea u _ .. . - •_ .6`' .++ ;it• , :•;rr--4 � •+ .-. ...•A ibfE3V Xe : ..a .-ra.,«.r-._ :r :,• ......._./ lir •-• 1 + i • i I, td 7.: 1 '.I. h vi 'it ..:, ...:•••• ._ - - . • ..� i K 1 P- *fir:!C'><o• .. �Ia iR.... .F•Til r!t '74 l=1' 1 �f f•1 -' .ta�. • , y�$' , Lt3_D` ZaSS:a l ! 1 r ., 1 • *�• °� a• _.s-•+T @• 4/i/it'.j i •. . .,....?'-'77•' . Ys .�� y.�c;t+'�v-1T�"�--w•..... 1 �,„.� a •'+y' r_ti�•�, a .�pp11 � 'LOA!- 1 - - • .'..rr. Pw s.�+ _ .-=t,`- .-L4,-;4rR• -:•,,- • C. •1�: i L il: y 1•:,.,,,t,ti Vtlti: { R4 � iF?ate[ 1�i � d: .a• I " _ wle, t ° — e._ ,. , :r a -",,;t. !r • "�3 L,s 4:6 +. - . .7 -MU. t 1 I� 3 r I ? rt ! qi !'• t. Y- A * 4 ` � 'I l . f t 1 l. Z ri' t_ - `,3 . ` a r F ` Sacra -�: ...J t u ti' p� i • ', j ter: _ - -. x- - i:—� y �i� r• Z '�•..• ,' °� '` ``1_. '_4i''- r J .2. 1 . j it r •'i• ,� m'1,' T' 11� • 1'' 4. : E 4 .. „.,ra .� ; 7 !z:,.-..'.....7-.1'.-r .4,• -.� `1. I -4:•+ `A ' FJi •• I , k .� i ; s- -- °t1'r—i • S r t .;; 1 ffry_ k. -J;:-11;_: .I..• 1- _-tr.. _ ' , i` ,r. !F ,_ . 'i 9!1j t. !'.1� _ sa_tf . ry• Yt -� •,v ' WCs'$Ir—a 'w� r. 1v,i�, - �FI'E:*i„•! rA s �„1•S� ,. ,m i••G CEd`arT . �PORTv F TOWNSH .....5L:1,:. ~'* A' r - "Yj . -a Y.cl- .1-.1t..1.:-.•Y 1.L. _ N 1 - x..t 64"i.,;•g• .�+•`iy� ..i.: " •t k'i.. !!- y '"1.g i. 1il1 ':,47.1i,:,.4. 'i 1 r. I; I l' } I f....,0, 6 • 7 3. , •:.... - . . . •..„ iri ., 1 .7 T a ' itt • • I � r ,k - , w. . ... .... _. . , ., ,. . . . 41; i - . d: :2 �' ,Z Bissell .; =.• i -i :i . ) -i.loill .,) 1 1 u.. f k, , .11.1F-rtlr,T•mm• , • Ili, an. i •-eel -...1 i i •— . . � . I °•_<•` Sarin' : �Y '`" ' Soran nn Z v ic� :i .1MC `a ..•;. y L = � u ? 1111011141011.4:1 ., J� 1 ' •• i I_: .` 3 ...,rilin,r-,..25404.,,,...:I , } i N •=ill Y r - ' i • --r=1.••• ___ ib•�-'! .--"U —' - _ .._-, — —'-—.•�--+„f..;. el-j-} -. ,. .: . ----..&.._-t3Yr' f' a - z' 1� - _ '." ° • Rezoning from "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "OB" OFFICE BUFFER DISTRICT N MASTER ZONING KEY 4!bE'� w A E CW SOUTH BEND"SF2"SINGLE FAMILY,4N D TWO FAm ILY D I STR ICT SOUTH BEND"MF1"URBAN CORRIDOR MULTIFAMILY DISTRICT 8 1 SOUTH BEND°11U-'1.1IXED USE DISTRICT inch = 200 feet SOUTH BEND"LB"LOCAL BUSINESS DISTRICT APC # 2751 -15 1N- Northeast Neighborhood Revitalization Organization 803 Lincoln Way West • South Bend, Indiana 46616 • Phone: 574-289-1066 • Fax: 574-289-4550 September 15, 2015 St. Joseph County, Indiana Area Plan Commission 1100 County-City Building South Bend, In 46601 RE: APC#2751-15 Five Corners LLC Dear Larry Magliozzi and the Area Plan Commission: During the September 9,2015, board meeting of Northeast Neighborhood Revitalization Organization (NNRO)the aforementioned rezoning petition was discussed. After extended discussion, the NNRO board unanimously approved the proposal (including the special exception use and the two variances). The NNRO is a fully recognized private 501c(3) Not-For-Profit Community Development Corporation (CDC) in the State of Indiana. The NNRO exists to implement the ongoing revitalization of the Northeast Neighborhood per the Northeast Neighborhood Development Area (NNDA) Plan in partnership with the City of South Bend, the University of Notre Dame, Memorial Hospital of South Bend, Saint Joseph Regional Medical Center, The South Bend Clinic and neighborhood residents. The NNRO is pleased to support the Five Corners LLC project as part of the redevelopment of the Eddy Street South Sub-Area. We look forward to seeing the adaptive reuse of the property in question. If you have questions or require additional information, please contact our partners at South Bend Heritage Foundation, Marco Mariani Executive Director, 574-235-1066 (ext. 216). Thank you. Sincerely, 77--.4t..) Tim Sexton President FRET') _. . SEP 1 i 2015 AREA PLAN COMMISSION APPLICATION NO. 0-4 T( - i S ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 706 EDDY ST AND 1111 BISSELL, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT 706 EDDY AND 1111 BISSELL ARE CURRENTLY ZONED SF2 AND ARE USED FOR A CHURCH AND PARKING LOT. WE SEEK TO CHANGE THE ZONING TO OB OFFICE BUFFER. POSSIBLE USES UNDER THE PROPOSED OB USE INCLUDE, BUT ARE NOT LIMITED TO GOVERNMENTAL USES, EDUCATIONAL USE, OFFICE/PROFESSIONAL SERVICES. WE ARE ALSO SEEING A SPECIAL EXCEPTION FOR FOOD SALES AND SERVICE AND PERSONAL SERVICES. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 706 EDDY STREET, SOUTH BEND, IN 46617. PARCEL 1: THE SOUTH ONE-HALF (1/2) OF LOTS NUMBERED ONE HUNDRED FOURTEEN (114) AND ONE HUNDRED FIFTEEN (115) AS SHOWN ON THE RECORDED SECOND PLAT OF PARK PLACE OR COQUILLARD AND RUSH'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, RECORDED OCTOBER 10, 1892 IN PLAT BOOK 6, PAGE 37 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNT, INDIANA. • 1111 BISSELL, SOUTH BEND IN 46617 PARCEL III: LOT NUMBERED ONE HUNDRED SIXTEEN (116) IN THE SECOND PLAT OF PARK PLACE OF COQUILLARD AND RUSH'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as OB Office Buffer District. SECTION II. That a Special Exception for Food sales and service and Personal services in a OB Office Buffer District zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council • Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock_ m. City Clerk Approved and signed by me on the day of , o'clock . m. at • Mayor, City of South Bend, Indiana Filed In Clerk's Office I* READING PUBLIC HEARING p QQpp 3rd READING t��, 4� 4'Y15 NOT APPROVED REFERRED A P- JOHN VOO< PASSED CITY CLERK,SOUTH H B BEND,IN • FL in ION FOR A COMBINED PUBLIC HEARING City of South Bend.Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: 706 EDDY STREET AND 1111 BISSELL STREET, SOUTH BEND, IN 46617 2) The property Tax Key Number(s)is/are: 018-5084-2967 AND 018-5084-2968 3) Name and address of property owner(s)of the petition site: FIVE CORNERS LLC. 814 MARIETTA STREET SOUTH BEND, IN 46601 574-233-1296 AI1AYES @TELECOMPARK.COM Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name Address City, State zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District N/A To: OB Office Buffer District 6) This rezoning is requested to allow the following use(s): INCLUDE BUT NOT LIMITED TO GOVERNMENTAL USE, EDUCATION USE, OFFICE/PROFESSIONAL SERVICES. WE ARE ALSO SEEKING TWO SPECIAL EXCEPTIONS FOR FOOD SALES AND SERVICE(LOW DENSITY FOOD SERVICES SUCH AS A COFFEE SHOP)AND PERSONAL SERVICES(SUCHASA BARBER SHOP OR BEAUTY SALON). 7) If applicable,a detailed description and the purpose of the variance(s)being requested: WE SEEK THE FOLLOWING VARIANCES: 1. FROM THE REQUIRED LANDSCAPING OF REQUIRED PERIMETER YARDS TO TWO(2)EVERGREEN TREES AND ONE(1)DECIDUOUS SHADE TREE ON THE NORTH PROPERTY LINE AND THREE(3) DECIDUOUS SHADE TREES ON THE SOUTH PROPERTY LINE;AND 2. FROM THE REQUIRED OFF-STREET PARKING AREA SCREENING ON THE NORTH, EAST,AND WEST PROPERTY LINES TO THE EXISTING 6'PRIVACY FENCE. 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: The variances will not be injurious to the community as they pertain to landscaping. We seek to maintain the currently exisiting privacy fence and landscaping and to augment it as recommended by the Area Plan Commission. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: The area adjacent to the property will not be affected in an adverse manner as we plan to maintain the privacy fence which offers more of a buffer between the properties than would landscaping. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property A strict application of the terms of this Ordinance would result in practical difficulties in the use of the property because it would require removing the current fence and replacing it with trees and it would require us to plant trees in a small space where it would be difficult for them to thrive due to existing vegetation. 9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. 10) Attached,and made a part of this PETITION, is: (a) a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (b)addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Anne Hayes 814 Marietta St. South Bend, IN 46617 574-210-5167 ahayes@telecompark.com. • Sigr�C att; l pr er�/ t�6 er(s),or signature of Attorney for all property owner(s): Charles C. lMt ts 440.HaCl�+ 14ea4ep- F vcJCavatr$ 1-4G LAWRENCE P. MAGLIOZZI ,� E%ECLI IIVB UIRECI'O It Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY•CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday,September 16,2015 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Earth Designs Real Estates LLC to zone from PUD Planned Unit Development District to GB General Business District for Parcel 1, property located north of and adjacent to Hickory Road, and to PUD Planned Unit Development District for Parcel 2, property located west of and adjacent to 3515 McKinley,City of South Bend-APC#2753-15.-APC#2753-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Earth Designs Real Estates LLC was legally advertised on Thursday, September 03, 2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15, 2015 took the following action: Upon a motion by Robert Hawley, being seconded by Phil Sutton and unanimously carried,the proposed ordinance of Earth Designs Real Estates LLC to zone from PUD Planned Unit Development District to GB General Business District for Parcel I, property located north of and adjacent to Hickory Road,and to PUD Planned Unit Development District for Parcel 2,property located west of and adjacent to 3515 McKinley,City of South Bend-APC#2753-I5., is sent to the Common Council with a FAVORABLE recommendation. This has been a difficult site for the private market to develop. Any one zoning district would limit the site's ability to be utilized for the wide range of demands sought. The rezoning of this site to a new and revised PUD allows flexibility in the design and use of the site,while adding appropriate protection to the surrounding residential areas. 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. Sincerelyn P ,c7/ . Lawrence P. Magliozzi Attachment CC: Earth Designs Real Estates LLC Danch Harner&Associates, Inc. SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA IL ROSELAND VVWVV STJOSEPHCOUNTYINDIANA,COM/AREAPLAN. Staff Report 9/4./2015 APC# 2753-15 Owner: Earth Designs Real Estates LLC Location: the vacant parcel north of and adjacent to 603 Hickory Road and the vacant parcel west of and'adlacept to 3515 McKinley Jurisdiction: City of South Bend Public Hearing Date: 9/15/2015 Requested Action; The petitioner is requesting a zone change from PUD Planned Unit Development District to GB General Business District for Parcel 1 & PUD Planned Unit Development District for Parcel 2. Land Uses and Zoning: On site Parcel 1 is a vacant paved lot. Parcel 2 is a vacant lot with an access drive. North: To the north are single family homes zoned SF1 Single Family&Two Family District,and an access drive zoned GB General Business District: East To the east of Parcel I across Hickory Road is a multi-tenant shopping plaza in the City of Mishawaka. To the east of Parcel 2 is an Elks Lodge zoned CB Community Business District and a self-storage facility zoned GB General Business District. South: To the south of Parcel I is a retail store zoned CB Community Business District. To the south of Parcel 2 across McKinley Avenue are single family homes zoned SF 1 Single Family&Two Family District. West: To the west of Parcel I is a self-storage facility zoned GB General Business District. To the west of Parcel 2 are single family homes zoned SF1 Single Family& Two Family District. District Uses and Development Standards: The Planned Unit Development(PUD) District is designed and intended to: encourage creativity and innovation in the design of developments;provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land;and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of any district of this Ordinance. Site Plan Description: Parcel I is a 0.75 acre lot with frontage along Hickory Road,and is currently a paved parking lot. Parcel I will be required to conform to all development standards for the GB General Business District. Parcel 2 is a 15.57 acre vacant lot with frontage along McKinley Avenue. Uses for Parcel 2 will include all permitted uses in the following districts: SF1, SF2, MF2, LB, CB,and GB (to include mini warehousing and dog parks). APC# 2753-15 Page 1 of 3 $taftRenort 9/4/2015 The front setback for all uses along McKinley is 25'. Side and rear-yard setbacks within the POD will be required to be the same as specified in the zoning ordinance for each specific use.:GB uses will be limited to an area located a minimum of 225'north of the right-of-way of McKinley Avenue,and a minimum of 100'from the west and north PUD boundaries. Outdoor storage of vehicles,boats and trucks may permitted in an area located 200'south of the north boundaty,200'east of the west boundary,560'north of the right-of-way of McKinley Avenue,and 5'west of the east boundary. Any outdoor storage must be screened on all sides by an evergreen landscape screen or by a screening fence with a minimum height of 8'and a maximum height of 10'. Maximum building height for the PUD will be 4 stories or 50'. The north and west boundary of the PUD shall be screened from the adjacent property by either a minimum 6'screening fence or evergreen trees spaced a maximum of 12'on center. Zoning and Land Use History And Trends: Prior to the adoption of the current zoning ordinance in 2004,the site was primarily zoned C Commercial,.with the northern•120'and the western 75'zoned B Multifamily. In 2011 the site was rezoned from CB Community Business District to PUD Planned Unit Development District for a similar mix of uses. Traffic and Transportation Considerations: Hickory Road and McKinley Avenue have four lanes with a center turn lane. Utilities: This site will be served by municipal sewer and water. Agency Comments: County Surveyor recommends approval. City Engineering recommends approval,subject to: 1.)the approval of a drainage plan; and 2)the connection of buildings to municipal utilities(with appropriate easements, and not to exceed the capacity of existing connections). Commitments: The petitioner is not proposing any written commitments, but will have to adhere to the development standards filed. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: I. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(November 2006): Policy LU 2.1:Encourage developers to use planned unit and traditional neighborhood development models to promotes land use compatibility in future developments, and LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the future land use map. Land Use Plan: The future land use map identifies this area for medium-density residential. Plan Implementation/Other Plans: There are no other plans in affect for this area. APC# 2753-15 Page 2 of 3 Staff Report 9/4/2015 2. Current C.opditions anti Character: The)4clKihley Avenue:and Hickory Road;area rs a large corlrti`rerctal notde`witb a:imlxt re. ofuses 3. Mostltelse 77�e m("t flesitablep e'Eoa`tlt land rs,one that,ls,4oii filbl,p with ti cptmnerciui-.#ttd mixedvsy t � e� , , ,, 4. Conservation .Prbpi aIn Any itflp$yeti entsrto the site,i t';ludin ko thin$,sl o 141)R `p eiy beet surround fop rt3 values. 5. Responsible Development And Growth It is res*risible growth and development).014100- o' ri,pt' Fj Ub, itttlet'ria1 node in a`manner that is consistent with`spltr�i e • i� Staff Comments: As noted,this site is currentlyzonet klp.O.PC#59`7.1 I) ThliihOfolat Spitifiedihe location.of mini-warehouses,with no qutditor storage, t the lj$r.iwesti`corner of the_site. Uses similar:to the current request were allowed o thebalNtcefi fixe ,Theprimary: change is to allow outdoor storage in a limited area,and GB usescto aiarger,but also limited area.Additional setbacks are being required on the north and west property lines, recognizing the higher intensity uses proposed. Recommendation: Based on information available prior to the public hearing, staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: This has been a difficult site for the private market to develop. Any one zoning district would limit the site's ability to be utilized for the wide range of demands sought.The rezoning of this site to a new and revised PUD allows flexibility in the design and use of the site,while adding appropriate protection to the surrounding residential areas. APC# 2753-15 Page 3 of 3 _„. . ...., ..•! :•J -1 .::. n'-i'r•-..11--;--•n 7:77 71/:'.• -'-)=-.--•:' ' all.41.11-•--1 • ••• 1 r_il• • . OK.;•.•••••. 1•.. , .11113 .1. .•b.••:_„,.7,.7 1 ,-,,p,,,,, )1,,,,...„....;;; %-.. •.1... ...., .,, • a.:.....;.3.,, ,--,.• I . ''' II . ' - 'n r'l -.#27537-11 5 • -,......., :. .. •...,,,,... • REZONING . ....•,./0,.' . 1 / 1 1,.,..-. x.-, ... .7.-- .• • isi .• n :i ■ r.-f- . '. I-. 1 I-1. , ,tioN,......4:ii._l.... <,....:01.•,.% 1 I!IirLH.1 1 T.7.47.-.1A ..",i..; "1.: • .71- ,,LA.,J... ...-r : , .. ,,,.-'.-•-"`,.•-•1.;77,'.1,-1. :-.1 i. •1 •.!i-'.. i•• , ,.....,,,,•i ...., • ., ...•rill ... i --L....,, _,70ii ---•-ri- 'ir 3- • -iv,' • 01114 _ it 7-1,... . .: . .1.-.:. ., B40.0101.u. t . • '----::- • P., J. ...1„ D:' r ' '' '.•rii, •••i , . 1 --4---L•s% 1.-4,- 14.;;;;' -4, 2 , ...ti .. • - ill zol,.. ,4.- I., ., - - ..., -, .,.--, :!. -... .,.,....,„ . . .. 1 . . . _ , 4., ,... z.,,.1f . p:. . .: - . . •• .:-. ,,,,.: : ..7. ., .. - • ' • • ' gLi'IT•ft'''• :... .:•, J r..,-'1e. ...?•..--,11-• • :. .. . ., • .. •4\y- <,•••• . - • 1 -.' •,. . .4, ? •:: ..-1 i• • u.,:.....,..,,,,,,...,:...... . •. 4,.,• --44.4:: •-.AEU 7 0 ' .•;)'• ,.',-.. l',.,;-.. , - ,..; `41 ior . i•::.' II-1'7-7 t. ki,p; . •--,1: .:„. ••;-_„,•,:t;.,,.....,,, -,,,, •....,,, f. 1 ... , ,...• , . • ..•;...4:- .. . •,-,....,_ _Li ,. .,• ••••••„0„..„ ... :. . ,,...,,.1. .7, _,•; ,.. ,.--0,4 - ,.1! I 1.. . ; ' . • .- .f-.• ..7 ; . . .. . ... „hat j•:, *v.. "‘• -.•:•;1.-1 ,i -•,,, •! ' ..i... . ' • =••••-• .• ' . -.- -"• v : . ,•, • : - IF.i.z..d L.1 I • ..1.,-..- 77,-•7 1^177.:1 , 1 ,•1 II'., 9,r■••••.- „LI. Tv ! il .-: :. • - ' ii•,.,_, . .. --1. . 1;2.-.:.!:. _ fr,::;-:----:i .•• •-- • ., ..: , ..,Iti.h. "3.,.... :..411,,,•;_:, ., ;.... , ai. •, '":1".'• ...'-1=r" -li ,_„" ..._ •,.,i.,,,. •, .'.. ' • ..',..". ' -71 ,Y"..:•,:z.,: . -4-4j,;,'ilk., •• . •- •,-• 1 c•.. - ..• .•••'.., '-ft ! •.."r'- ', .......---•:••.. I-- Z '--'-,-,- -...-• • - 1 I '1'2 ' • ' . Net.: . • . , , ___,.., .JAIME °ye . I.'. ..::..: ,....7,,A;.,-,-, ...i I,, ::;:..r.,." - .• '.- • :. .. . re, ,:. ,. : ...•• , ... - • : •.,$ i -,...::::• •, .... : ...1 :,._ ., ., . r.l. i ••••-• •- .•' .. .. r!•• .! ....e •.1:•';_ - • •• :• .' "'. .',, .-- • PI .OAK .- -" • -' ..'•:.',. 6„„yet;::/..;04, ,,, '„ •„, :, -...13 - „i'-.• ", I . . e , •, .11 4-. 2 • .. • . •P- • I- ,.:.•!::ey4(..);••••ec,. 11:- - ..,fv:il•'1 : ; •, fi••-• ' .;• . , " ' (°I...'/7 '-. .. :: - ....,:. ., k. .,.% ,'rt" • ' -" -- i .,• !" ,„A„. .• '.-:' •. 1.1",, / .?„•,.. . r-._ 2-__.: ___....,,,,, ....., .4,. I. : . ..,.. '.; _,..• '_f• :.,„. „.: e,. :N.::: .. .-• ,...;• p..kt•,••;,-,.;..• .,..ee _:_,-,....,...- .. - .. j-----• - - I ,„..,,,.4,..„.%,•-•..'.' •.:..,•-•*,...::,. . e -ti.4.i. • I 4... iil' * .' • 1 ,-,a1 ,..!---.' -A •., . 0.. ..•:i ..,.- N., • ....•..,,_:. , . , . . v. •.•..,,,.............,e. - ,,.- . ., ,,i, fj.11.3 • ' 'et, • -" ' " .' :, . - '..1...-:r! ' '' .' '' • ' 1 ...i - . •- "*•;,- ..V.';;/...- .....• ;• '. ,,, • : . : _ u .. "' "J • 1•••'-'-ir- .-, • ' - • . .".1.' 4/..• 4/"." ." -3 . ' u? • ......',.•''. >4,-" ..n .'",.. .'1" .L • • • . -. , ._, 0•7.;:•:;\-7.* I ., PAR C El_1 r• - '• --•- ' -1 t• -.•4--•.ik,,-- -ck""c,, .• .!.. ., C4'• "''',..1•*--- • • , . 4.1r,,e5 7•... 7'••IN A.K. . ., P., „ i.. *. -•:. . . -, . a. a..... .. - . 1 V.:. •!..C77/. 1;:,Ii I li ....1,3..A, . .... ...N., •;•• ...: . .. . „.. .. .,. . ...)"4:e.'4.;••• .7'-."".." • '..:,' ' -.." .. .• .• ., . ..,. ix ,-•' • - • .. f / -A I •il • r 1,.;v. I i i i i ;",."P•-',...'. .. .,:.-'.....r: 'N-1,,• - . -,..'- -.' -4.• (.f."4 - ' - ' - • 1 - •7,•2:-:-L.,.:;::; 1 ft . , .'...0.- ..- 4,- ;;;t".:.'..;•.:•-...-1.1 * ..,,;:f - '• • . 1 kr , ......:..‘Nf'..`. i.t.',.-• . ' . z,4 -...-,• ......''' '-'61 i-•• •- .....' - .'..23,-..t.1..••,... . 4 • .; . , v ._..p....i ,..e.r.. ; ,..,. . .. v„,5 ,,,.. i.... . . ;!$•;,-.....-.*:-.....w.;.!i4..?,,,,- :Ai: ........ ...-•: ..P7 '' ":!••.:••• :"•,:.,.:--..i-.! . •i .- . -4,--*,t•.-. 4.-..4,-!;c:'.,?..--;;...0.,, '.".•-$-,,,,: A ,...:. :.::„,, ---,...; , :. v.k.,,.:•., -:., • r-ix. 7,' ---'-.1-',..i. ;4'* ••••,.::- -Fli•s....'",`:''S .:cs't'.,-,• ,,'''''- •irg '1117; V•`-`- -, .- ' ''.. -, ikv....1.---:••,,:•,•! !ve=,,:lc„4/1> ,4- -,,No.'?...•::.:iv.=!) •i:•_•*„.- i • 7; ..',.P;,4:,-.-' :'.;;:,- ..4.~"'„,,,A... Y/ 7„4...,.... ..,,,.....1;71ttiX•' rii7-7m z. ...-/4,..40;;;.:4 .:41.(..t. iii.:Etrz_.:4711,' ,..::•• manic4... ...... :.,....., •.,,..i1: ,.... ta.:1.71.3941..'i 1 4:.--.... ...-7''''''':...'"! i.:.t:,"'1•• .`"•-•':-- .C'1- ''..?•....:-",04., O ',..?v•ti•-:$4..M.4.%•14;: :. ri r:a ...-.:,.;;.: 1:41ji„4.0A,14,0, ) -• - ••...&..rr IP:Y.,:',;,.: -t-T•.,-.4,1:6•; .rei -.,:' 4--(••4,•: r...; ., t..4*;•-7,44,,, .:: ,-111C4.,:•*. i4.liow'.' „1..?,,,,:fil0'..1410'": --. - •'' .-",11;41;";;;;-..--tr r, ,i.),;: 4 4 „ 1 ,.4.1.- :.,...w.cw..-.:,,... .,„.......: 144;-•: : -- ..:VII":..40rArdr.4.*04 - 1.-7.-_,I:--:-....r.:7:..:/;•".. -.--*':"...;.I.otte i! ce. .....i.-'-7-i.7', 1...;1.-•.----•-, .--a..-,,,: ,. i' • If ,. .0•Kw.,,,,-V.'.' ' .1'Z."--''7 '''' e-..i r,..:-.;,...wrvs,....;;,..-,:4-,....,...--,..4 F.,1-74,.-;'.4;-:-.---,..,:•-;•'-•-^=•••••■-77.,-Ai C.7:1? .-:7 e-,- i 1.114•:•.47..i..,14t.,..... tk;..1_,,.."--- • . .'e,---:.,......••-..:P..1 •-• • 7....--4.;•:‹ile.i.;0.1. Lt „... ,..., -•- --3/4' • 'It • ' ' 4•1.34 .." --.:.*:ti:''...-V,e.'7* :,s.si IP'..".• -,17 I Sti 444'''''e,4-40,:i ';'..4, --- ; '.-"A`v,*;'‘'••-•=-4, • '1'-- :1 II - '•' . . V...N , - , ' • i' - a !,,Asts4,,,,.•.,.4.74itetr, w, z.&., I'. .e........-:,-• • I;; , 37, Li, ..pt ., . .. •. _ p p , A ,, i # ;1.,1 .L. ,;,...1. ..,•,z- ,';-• /..,..., ,1., .,,,,t. ,iff.....7%.• ..t.•••••,..."4 ,,gir'''.4;.!:..: -* :.."-•!.."-'--,,1 ",r-..:. . -. ,• . :‘0.• • . .....--e::..;:.,.: .'--1:- --'•-`:- • A ffijar:7,1':-ea.r.',"•,. ,.',1 led Ars;,. •..1 - .7...7%.-.7:2....->4 '' . :r. .. k ..• '. .. ',.;.4-dn•1. ... f- 04 1 . •„........:._ . _,:...,.... , .... . . . „Ivir.p.:3,,,:,: ?.., • frvf:Lmish if etlft'• ''t-v.,..''‘': PARCEL 2 • A702411ki'J z '. -: .' c•-•,•• .: --- , fri t' . • • -• • • • Fa411,,'.;•.--.3...-,,,_, ill;i nile•-• ''..,4 ,• 9:„•1 " • II, .,'..2.,if . :(•-', - - _ 1!.. 1 ..; ._:. ..,_...li •f; ,.i..- ..-3:'..L"-'4=' .. . '.'."- '..". .... ., I'''„irke...... ' -...., . pr ,litilf " ; '. .-..._,,,,i ..4,'n.• 7"T- ; •t- i';V' 1 gi---------rr,-.4A-: ,••• P.':••-"..r,-?). ir...1V, . , 10 •,' ;,,,_ '-_. ',:-...t"•'.il •'',;.• 11 • bliT, , Fr. ..,,;-•41•44.• 4 .7,4 . 1 . ..'..:.•,-74. .. ' A ( 1-j- .11t1 V; ... .. •..,r L 14.'.::‘,:,.. --i •: *; ",'.::•41.S. •i.t..:'.- :';•i,----172-211 '-'--. ': -:••,...e4, as / er,,,,p-,,,,4..-; 1 • 1-'-'7,1*cr'•'•-• l' - ii,V., •1. • , ' ... ;-...,........,. ..1' ''''?".-,.: ; ._-.--s. .r.,...,--,_., . . .,, • -.F, r- i„•:.- . .- ,,,',,:.,-.•.7it.,-,1-g-- 'T:::ti-,171:,1:.,! wr-ki• - s';•1•4,',7.1A2.1„, -;,,,,:r-4.r.:.1.; g , ••■- illil __;.4 -1 ,:..},. „ '1 11'1.(:. - --•:., . - - ,• .- t .-- •-.-.--;....z.7.4.e.S..:1).;:::,-4:".- :..,r:... -,1e .;.:,•t• -- •..;;•;••:,ip-s.,"-.i.•!".',...-_./C'...-- : =• ,IF-N.--- z; • 'ISM - {. ... t:::,1217V.-;1 / '' j.r,. . -- - ' f• I-.'7.!.-,. :.•.'if At7'1.r.::••- 7..e:-.- •.;!''!•r .. - L' 3 ::; '''' ''''' 1. „ 3- 241.1.-, - '-',..,- • ' • 'r- rc..:-...,' . ;,,,j . • :' .•,,..,a ,.- :'. '.- • r..-,71,1 t;;L_..--..,.., • - .'... 4;::: .'...-..,,' • 1.2,""if. 7.-.7,--:•;. --'-17-..,,.-,: -::1 . _______::-_- gr..,,,,,4g-,./i. •:.;4_:.....: .e.Li,:iay4 Mi.:'' ' ' ' '''''ig'g' ...„'... :.‘•r• .. rg.'"zif.. •.:`..41-'''.'.. -..'.. ::...:,.p.t.r..4- .- .,:„.-..-:-. .. .:1.c.„; _.: , .. .,:___ _ -. ...__ 1. ,i,r, 2-;,;...- :-'.. •.- .,•. ...2.. 11 • ..,•_- i•,.19,:-- ...-... !. 4 ./._... ..- •:•,, -,, II ii.,.... ..,..-4 'will" ,:::,:4-• "?:-..-4:131/1...."•".3.:.-. iIrs•?-71-1,_ ...... .-. I.... . lir • - - 111-'' .• J.;, ,.: - ii--1.., - • - .- 1,11.. 11 . . V#: , CA;.-‘--ii•31-j.W.E.-'4..-:- ',:' . S • ' '.:....*P$ •./1,i:.•'‘ .. " • ■: II: : 11'11!) -i I mi,4f., '4"1:."".1.- '7 ." •-' -7.!-•I . -,' ii'LL4-.„?. r• . .44 ... :':• i ' •2 i.... -4, ,*. -,.L,-,1:1... 1.1,4e,-• l,Z.-1." . ..._ . -. .... .4 ,......._ --4=-•■.. --,• ...A 1:0'.•':= - ''•••:•.',"-! . ' ••',-••••• --•••• ;- ; '•,•••••,..t_.--. •••••.: . .,1„.,---st.-• . -':- i• . i." ,4. ; ......t 71;1.: , r•aaa..r•-•. es, ''.';...-''',..;::• •-r-:-..••••-. `' ''!••••••-•,, ..• ..... . .. . •.: '-. . r ..-. . . . . - - ••:". ...• ,......41•,.... - : . J,...c.'_;'''... 14.1 , .:• .: - ,- ...In ., .... 1,,....._i 41 . , . . ..- • .... ,...F....,:, .I I'•• - •. :.'.'-!- : *-4,* • •-t• . .A.- -s7,-..••:-..-7- • --- Ar• • .• leer• 0e •L•.,. . ,..... . ;.,,..f . ...„...„,. ,, . •.:. . . g E - • .- - , •i. ..• . . .,... 1, , ... ...I.-..., - ..---..-• -•1,• • Orn, '. '-i-,-I••I: • 'L '!. 4.. '1"'- ... . •:-. ' - . . ..•-• '''Q';! .' 4: . • . .", Itellii WMCAA ...."-:•.. '' ...-' ;.•• .'. .-!. . .% .- I ". •.7.. :i .4,.. :.-.• , ,_ .-:-._ .•.:. f• - .. ,. - I..-... ,. •'-'-''. •. .. '-•• ' •"' I- . - -:-•-' •; ..T.: -...--- ::: • •t.- '■'• . ...... -.'•it,' .. J.:.h ',F.1 c?'" ' - .i."(:-,•T'..utiti ...... • - :• . .,-, -I -6 ••.• •,. : •-. • = ... : - . . .<....; . :.....-.7-... J •,• ..- -•-•.•....0.:. . ...,r,-:::4:,:...- .• 1 . ,.•.,er‘ - ,....• •.•,.. ....„• ... .., • .z. .. , i. . .i..,..,.. .. .. :,..., .•.- ..• -•_....... :p.....i.„ ...„. ,...,. . ,....,„.,....„ II p ... .,., ,p .. i • .... : •. ...,4 •.. :•..:ir...:-:.:......t.,.....• .• .,„.....,,,.:••........:" ...,.. ?.... .,... •-4 . -. ••• •-•7. •:-.....:. .. ...„ ..,.... •-• . :, . . -eRt ..... • ,• - - • : -'ril .. • ff ...,. . .... ..,,...,_.,:4;; . . 1.. .... 7. : .. ... ... -. 7... -' . *V•-- •t,,• •,...1.... 4. ' 15..'' -- - - - 4.:• ;_4-.-' , ••%::12tivil : . '.-- .:2 r-00' -.:---..: 8..' - .. 1 • -1. . !'C' •1. • - -e-4••• .„;‘,... . 1 .-- ... .... , ... _ . ,; ..,; 4 - i.,.icin.,1 ...!.,::: ••. ,......• 1..r.... .• ....- -...,...,,• , , - .. „.. • ..•,-.1. •.',... ...,, . :....__, ;-: It,- • •.- •'• : i...i -. ,'•• . .---- -. ., .-..i '-• t■•• 1. -1-',.:-, kr.-T"•.' - ' . . ... -: .( '''..j. • t , • ivi•i :. .......%.• ". I. ' ..-.,:-.14.a. ?S. a ..t.0;a1 4,1111 - . .!I a • r::.:.- • • ..... ... --• -.J.: •• - •i, - i _1 :. .....v-.. '•.4114::-44111.••• -,•-..;.-'11".•.. .7.--..-•! - .' late.--"-!-,. -. ...•-1....- i-,,"d.:7:= ' - -1./-t,a: '1.7.-. ' " .'- - . A i 'i;.3 l'i • -. •-:'-'' ' '•;,‘'. .' '7•.. . :::-.i.c.- *17.4. .01,.... - .; 4 .L, ' •''. . ; . ''.. 73 h-3 E L-.•.^,,Lr'l. '' . .. I ..,.. 7:'...4-:1. • '1..S. • •s' 4,-, :... - . -..r.:..:...,... ••:••••1,• •z--•••:•-' 'Rub - . • • ',,- • N ,,.1,' ?rm., ty... .... ,... .......,..; ,...••• . • • . •••• •• •e.•,.4.,..\,: ,, ,,•_,• ch .. __ •;... .• • 2:.-:. i'.---C. . y V ,li ..ZA•......, .,..• 'V .• , • . (B., .• . • . . ..;•,.... .1 -. • ....k...V.:;;;. I . •'Mill' " '1 1 Inch B 350 ...'''....''''...‘J'1.......V:•., . . ...,..,....i,s4/1..11. . ,,c •. St•-.;..::::f..;.1.7. .-.:„.„-. . -s• ,• .. ".1 ''•E'•''• . -.•i 7'; .."..-'. -•'''--.A.... ...•' " -..-'''`' ...:i.:;:i: • P R TAG E.-T®WN S H I P.-.4,-..1:'i,;. ,:::.,- 3 . - i K ;-. ' •: ,...-,.*..;_;..;.,--34-4... ..:-.....,...4-..:-.... ..i„: , :- ..... „....... .i.....,,, , _iv.-:,...:.::-'".ii":: All 1.,.,,...-1.S'l;f.: 1:71-1414.4 i..,1.'■.'". :-..7.1.....-.4 ';:..X•70.t.;:xtife.71"S7;?q:.?...V.",.$1,44.4:' -' Pgcl::.,..,:,'IV,...-'.z.•,:,;.4;''''l' . ., .I. •..11'..,..,1„....77 7.7w;.,7,...41 1...,:f :::•'-‘2.7,.F.',-:-..;.....,-;A:.„,. .1141.;•:,. .i.,- ,,...4 7.14..,..1.(.1,,ILI,-,2 7.•";*;fitc,••.-::..i- "...-• .. '-'1;.. . ' :i.".4.• ...v.-I.-A.:W.1 "4,..U! Pel&-. .*"...4' ''.,• "V •'..ie'....:•••' i •Iii•• ••• '-$'`Ve".;41k4$:tr4'e'''' ..1•10-re..r77 •.-..c;-t:I ilAe•g4,./.itiki'' •■ .%Lok.. .-. :-..-`....,''....i.T1.11-1.t.:1: -.4*.--.4 It. .,....:•.-4v....,..:,..;-v-....,14.• ....... .;A 4.:7;•,,.*.,..i,2'•-• . .me:... 4....._z_ L.�`, SF1t.j x '�3,; �`� •� , p. rt_,{d -d. )•' ,,C , .I - I,I Afti F'i r r '5 y- f4 t, r O�•i'.:D a i i:r , �f xj (. iI -1 (�( r1+r (j jj� 1 fl''''IMP.. t •. TS..{.� ,, ,.-.1 1 rr'' , '.:8114Y:' F ,,,,c ` `f f SF1<< ;, 1; . , Ir_ =Y, 1` ' k ,.4:`� . 0,<k \,442,.."P V. e ,lyy��.' i �< R, '+'JT1 ;i. fLf Y `•s�'l i IIi a . : I °. _`Qi t.i s � .ap. S'mss,..s ?1 vi1 ri ((!.'••.„ z 1 _ ,:'7iy�' 1I.i 1 a '7 , ..,ten y ......._,..1J_' f-, ' 1 ' — �t}j� .: • SF .Si -f;Jt)1 i — 5 t 4 4 _ J.=C --xi- _., I„ ... .„ , ,,,,1 w.,......„...iiis i t4 PARCEL 1 O fir 4'�k r> >✓✓'! t.t` 2 f, !,, .. .. . i:7.'77,<::' ��, �� tLe�?, a , �/� SPUD t'�,• . ,. ,..,,p,i ".41)7„;e& ..t...%2,.'„,;,,-,,...f,'-',__ 41,?.Ilirc. ...,__, ' •. .. ..: ' .,4)/,„ 1,.t."i..;.... = -.?,,, _- - _. ; W7.,„,,,•-- ,s- . , ..;.e7 .„ W-:: ''>;_i,A7-..1;::..'7f.'-..","*.' .• '.- ,' •?,,'-. . MI ', 4 -....-,... ‘,,,-..ic„-riz ,,,,,..„, .,..„:„,..„..,,, .t„. ,..., ,,..,,. ,; .: : , i 4k, .. A f `. ., • t �'WSOUTH BEND �,"/ r ,', % ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDNANCE FOR PROPERTY LOCATED AT 600 BLOCK OF NORTH HICKORY ROAD AND THE 3500 BLOCK OF EAST MC KINLEY AVENUE, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT TO PUD PLANNED UNIT DEVELOPMENT AND GB GENERAL BUSINESS DISTRICT TO ALLOW FOR A MIXED USE PROJECT 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: PARCEL 1: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 1 OF THE PLAT OF 'MC KINLEY-HICKORY MINOR SUBDIVISION"AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.75 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL 2: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 3 OF THE PLAT OF "MC KINLEY-HICKORY MINOR SUBDIVISION"AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 15.60 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. and the same is hereby established as GB General Business District for Parcel 1 and as PUD Planned Unit Development District for Parcel 2. 2 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council,approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend,Indiana on the day of ,20 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 T! READING r Filed 1' t•-;,,,.T, ;.,f,,rc PUBLIC HEARING 3 rd READING NOT APPROVED Albi5 •5 = ?5 J REFERRED ,P. j-'•- ? PASSED CltYCLEFf try K.tOU1, PETITION TO REZONE City of South Bend Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject property is located at: 3500 Block of East McKinley Avenue and the 600 Block of North Hickory Road,South Bend,Indiana 46615. 2) The property Tax Key Number(s)is/are: Key#1: 18-5201-773601&18-5201-773603 3) Name and address of property owner(s)of the petition site: Earth Designs Real Estate LLC Attn:Frank Perri 3617 McKinley Avenue South Bend,Indiana 96615 574-239-2342 E-Mail Address NM 4) Name and address of contingent purchaser(s),if applicable: N/A 5) It is desired and requested that this property be rezoned: From: PUD Planned Unit Development District To: GB General Business District for Parcel 1&PUD Planned Unit Development District for Parcel 2. 6) This rezoning is requested to allow the following use(s): Uses permitted in GB General Business District and Mixed-Use Development in the PUD. 7) Attached,and made a part of this PETITION,is: (a) a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (b)six(6)site plans;and (c)addressed,stamped envelopes for all property owners within 300 feet of the petition property. • 8) BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN.SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. 2 Signature(s)of All Property owner(s),or signature of ttorney fora operty owner(s): Earth Designs Real Estate LLC Attn:Frank Perri 3617 McKinley Avenue South Bend Indiana 46615 574-234-2342 E-Mail Address N/A PETITION PREPARED BY&CONTACT PERSON: Name: Danch,Harper&Associates,Inc. Address:1643 Commerce Drive South Bend,Indiana 46628 579-234-4003 mdanchedanchharner.corn Filed In Cta:r;;s office A art C1nicy4 LAWRENCE P. MAGLIOZZI I E%ECLIf1VE DIRECT OII Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY.CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571 Wednesday, September 16,2015 + q The Honorable Council of the City of South Bend t/ 3 1 I 4th Floor,County-City Building South Bend, IN 466W RE: A proposed ordinance of Studebaker Building 84 LLC to zone from GI General Industrial District to PUD Planned Unit Development District, property located at 635 S. Lafayette Boulevard,City of South Bend- APC#2752-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Studebaker Building 84 LLC was legally advertised on Thursday, September 03,2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15, 2015 took the following action: Upon a motion by Oliver Davis,being seconded by Robert Hawley and unanimously carried,the proposed ordinance of Studebaker Building 84 LLC to zone from GI General Industrial District to PUD Planned Unit Development District,property located at 635 S. Lafayette Boulevard,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, Rezoning to Planned Unit Development District will allow for a unique mix of uses that will provide creative redevelopment of an abandoned industrial property. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Studebaker Building 84 LLC Danch,Hamer&Associates, Inc. • SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA I ROSELAND W W W.STJOSEPHCOUNTYINDIANA,COM/AREAPLAN • ,Staff Report 9/3/2015 APC# 2752-15 Owner: Studebaker Building.84 LLC Location: 635 S. Lafayette Boulevard Jurisdiction: City of South Bend Public Hearing Date: 9/15/2015 Requested Action: The petitioner is requesting a zone change from GI General Industrial District to PUD Planned Unit Development District. Land Uses and Zoning: On site: On site is a former Studebaker assembly plant: North: To the north across the railroad tracks is the former Union Station and a sheet metal business zoned CBD Central Business District. East: To the east across Lafayette Boulevard are industrial and office buildings zoned 0 Office District and LI Light Industrial District. South: To the south is the South Bend City Services Facility and the St. Joseph County Correctional Facility zoned GI General Industrial District. West: To the west is the South Bend City Services Facility zoned GI General Industrial District. District Uses and Development Standards: The Planned Unit Development(PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and,provide for any individual land use not otherwise specified elsewhere in.this Ordinance. The PUD District encourages imaginative uses of open space,promotes high standards in design and construction,and furthers the purposes of the Comprehensive Plan.The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: The total area of the site is 13.2 acres with over 750,000 square feet of existing industrial buildings. The buildings range in height from 2-6 stories and are built up to the 0'lot line along Lafayette Boulevard. Primary permitted uses may include:educational; entertainment, hotel/lodging, industrial,office,personal services, residential,restaurants, retail,warehousing, manufacturing retailer,and utility uses. Prohibited uses include adult businesses. A future 5 level parking garage is proposed between the existing buildings and the jail,with landscaping along its south facade.The architectural facades of the parking garage must be consistent with the facades of the primary buildings. The first floor of the parking garage may include retail along Lafayette. Landscaping will be provided along the south facade of the primary building and parking islands will be required in the surface parking lot until the proposed garage is constructed. APC # 2752-15 Page 1 of StaffReport 9/3/2015 Zoning and Land Use History And Trends: Prior to the adoption of the zoning ordinance in 2004,the site was zoned industrial. Traffic and Transportation Considerations: Lafayette Boulevard has two lanes with on-street parallel parking on both sides of the street. Utilities: This site is served by municipal sewer and water. Agency Comments: County Surveyor offers a favorable recommendation. City Engineering offers a favorable recommendation,subject to the approval of a drainage plan that disconnects roof drains from the sanitary sewer system. Commitments: The petitioner is not proposing any written commitments, but will need to adhere to the development standards filed. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(November 2006): Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the future land use map, Policy H 1.3: Encourage the development of mixed-use buildings,and Objective EM 3: Facilitate the productive reuse of brownfield properties. Land Use Plan: The future land use map identifies this area as light industrial. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The area south of the railroad line between Arnold Street and Lafayette Boulevard has developed as industrial. The Central Business District starts just north of the railroad. 3. Most Desirable Use: The most desirable use of this site is one that promotes economic and residential sustainability in support of downtown South bend and its central business district. 4. Conservation of Property Values: Due to the industrial nature of the area, surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible growth and development to allow this abandoned brownfield site to be converted into a mixed-use development. APC# 2752-15 Page 2 of 3 Staff R .- 9/372015 e8p Staff Cojigal lt$. The std®h fio additignal Eom rten s { Recomm4 t 1 kit AtY. aJio�.paV T ort ! _� y S 031 ,�,, b 'c ;t t�7Q ing3 °i r Y; Sat >« (1g t ill t to ate'h1{ 11-Q 4i aVUlt11 o e! e Y Q o I ) c . RezMloning to Planned UnittDevelopment District will allow. o,; 11h14*, of uses that will ptov{de ereativ rrs Gvtlopttse t» andonesl°iirljustrIplJ5t0 o +a s . i1 • • • APC # 2752-15 Page 3 of 3 I2 117.7A-i'6-...4-:.: •• �., S r — -.� S i .-'.• — '^ - w .H - i .1 .va.� �;� a 1; ®18 t ;., .'1-^ •-z' p i �e..-•._. lip I 1 1:17771.4 r.S _ 1 I L:1 ;. .r " �:• 1 � �1 � I� _ -I . ��`,I I �.. J�1 Y ., �0 1r _ �` �.._ _1 0 1.�I 1. _ { _ ... nl! .�l ._�....7.O �i( ll ,11 r:: _ - 1- _, I _ ,•— I r., I �E T1•• ,j \• IVl !;•, • •4 I__ f.'• I'i:d~ h 4,t� ,�:� Ir•• 7(Jil :•:q ;ti- "L I .'.� j.:� I1, ��.•I I ; '^ • — ;J.' •I i :r' 1 .I• I;7•a+� 4- - ••'}. I `" '7-`:. .• - fr• ' •-..: ••�• •iv. '.f- ^a.• . re-74,,. i •i : .. , - a4!> co' '��••: ..t-:: .- �r .'i: ;�' �'Iv�' •� I � '� ei 1' 11 '• a [ ' •`. I 1 � y�:.d'i :•' _ sue --.,._ uv+E'�� •t+—+�. '• • ' •. IY - k.- :..-i- - . -..�:-.,-1�_. �.;•�. i - -- ",'e0.•Yi��.-.:.�•• M�..:,5.,•it i••.• • .l. Tr" '1":7:= '' .. • �-. a ,'!1_. �—ma .`. ,,,_ • �'M+ k•• f r.1 .,• 1 „di, ;,..•-; f rim ,pf'ft '!�• ��'�� I f 1r; Iw .� Y2 't..1.:11_.? �, • I ' ` t• mi.1..• r I - , t w_ . - :s •r,f _ 1.,.. • I i s I , - i _ • �fi.-: _,1 .:b4p .y`� -- ,P44411`lS`_�{� *, t 1•,�'a`�,,1—"` , =f .j _ i^+ �' � . .. 1 .i`_- - �� fib .,�/ `y �w��Sj; ��:�\� �,}Yr _ fad i �.F• f .'F ,T•F `' - 1 - II 1 ! . >g3 9 \1.'` ' e, i•. (7' .r ,' ulr�ur,j•• _- Z4�” . T :•,t- .I • i d _ �[ pKa��1`�\ , ' .? .i�.,I a _1 u , ^F' I•v.rl. �� ••.. .. - -T {.... -4;_,!I<.:x:-s- -----4J _ t .:,1 �`�,'`, , �; 'I '"`:''OHO•;.. _ j • I . ' - . 4.--,,,.-4:::.:,,,:,.S.,...:‘-t- . •,..i.. ,.-t-I . .• .: ---- . .•‘t ; . • It. t (q y .I, Ir• i - j — i -i i�' 'y 1:•`• ..-..1•- - :,7 • .r qtr ..v, 'j'a}' ••, 'r`d�+ le .: -_i,:• • •'' t_ .. _ -. :.l _ •- c.;l S(� ^� ;`I' - ,•r,d+ ' 1` f d'• ',' •,;:;:1. Ir - ( 1 _ tI ' i—• 1 VIIII • ,._ .• r_ H' ^ -.r., .",'fie r ...,e.-.e. %S•• ^ or ;�'s O ` 7 E 4. I II 4I El lap, GB,,b'!ILEA 1 � � r j t. ..� I ELI.,?�.� CBD•f'.CBD ,-;:'.4",(.4.1 .; yR _. ; "� id:� ,-...._ _-jam 4,•-: West ern' .. I.1. + i f-p1r (I, ;per• •-•. )011: •I 1 r', • A' .� ' FF .� _ ;,, -�'...-. 1.1717;*". +I. CBD _ � 11- 1 _. ._ A — — --PUD r: i-pl i Monroe p J f • �� I iII. )1 PUD _ k CBD i, �,idl r ; I.. _ _ .. South _1 '_ _ ,. °°, . • ■ • 1• ! cBn : cBD .4:: ' ; ''t;� CBD I' i tl SOUTH BEND !� I _8r _ � :°:;'--, . • . 1 1.4.r° , rNNrdi '11 .tdy 4 j •1MP.n F 1�• y• o�«._ .L� .Y ,4• S. r'AI re K LIB I '' • d y� P �. ',I .j•..' �' - I - +` l�, ,•11 li _r- ,'t ' s - . yl.' ). li, • ,'7ja YRIM- , ,C }_ ' .1' 14C�7SS s_ �1.i .. :' Si •4 f 1 '' _ .c t ti � #�c' t 1?•t,' rr 111!_•° "'- _ T~ - - Sample -. .,b,. <,_»,,• I 2., :~ �- Sample '• ,_.!--5.L., ,-- — at ,'1 t '4 1r%: K.:!: „pp, •PUD ••PUD z f `• i �tiNkt---.. , , . . ..,4..,...: ,. ; Q I I ' I ! '' PUD 1 L '��;�5 'r Rezoning from: "GI" GENERAL INDUSTRIAL DISTRICT to "PUD" PLANNED UNIT DEVELOPMENT DISTRICT MA STERZONIJG KEY t o 3 0'_T.-1 5E :P.M:e-V:SkV p7RG,DD:t.,:T;:41 Y]ST:7.1. N C_T-IS=V�•11 �kSI.:EVE TY/.1JTa71_Y.5Ti•:T 1 SD-'r-1 SSv:•1.1L,MX=-SE 0 ST^n•:r Al"'o 50'_7-1 3_x:'•:3:•:EVT4t E.SWEES J ETt 07 W 11,-I pt-- 4 E 90'•7-1 BEND-0-0-.:E0 ET; � � ea 50-T-I SEND':5'OD/WU.:TY 3'5 vE53J 5.1 1 ED-T-1 B.VY33•SEVER...._SJS■VF-55 a sr,:T S - 5D_T-1 SEND"_'_»rV0L51T..._O.ET�•:T 1 inch = 400 feet atvy: 90vL-1 SEND"S"G EV_ti•_N0 En..._'0 ETA T - 501r-15E.: °_4a'E7J,T0ci°__D�.=VT APC # 2152-15 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 635 SOUTH LAFAYETTE BOULEVARD,SOUTH BEND,INDIANA, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL BUSINESS DISTRICT TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A PROJECT COMPRISED OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL MIXED USES. 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: A PART OF THE SOUTHEAST QUARTER OF SECTION 11 AND A PART OF THE SOUTHWEST QUARTER OF SECTION 12 ALL IN T.37 N., R. 2 E., CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF TRACT NO. 3 OF THE PLAT OF "STUDEBAKER CORPORATION REPLAY' AS RECORDED IN PLAT BOOK # 11 ON PAGE # 184 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 00°12'20" E.,(BEARINGS ASSUMED) ALONG THE EAST LINE OF SAID TRACT, SAID LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF LAFAYEI lh BOULEVARD, A DISTANCE OF 690.31 FEET MORE OR LESS; THENCE S. 89°42'54" W., A DISTANCE OF 598.20 FEET MORE OR LESS; THENCE N. 00°40'02" W., A DISTANCE OF 286.76 FEET MORE OR LESS; THENCE N. 89°36'07" W., A DISTANCE OF 66.16 FEET MORE OR LESS; THENCE N. 00°12'30" W., A DISTANCE OF 120.78 FEET MORE OR LESS; THENCE N. 24°46'30" W., A DISTANCE OF 91.77 FEET MORE OR LESS; THENCE N. 89°29'14" W., A DISTANCE OF 310.35 FEET MORE OR LESS TO THE CENTERLINE OF VACATED UNITED DRIVE (AKA PRAIRIE AVENUE); THENCE N. 29°30'09" E. ALONG THE CENTERLINE OF SAID VACATED RIGHT- OF-WAY A DISTANCE OF 286.00 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD) EXTENDED EAST ACROSS SAID VACATED UNITED DRIVE (AKA PRAIRIE AVENUE); THENCE ALONG SAID EXTENDED LINE AND THE SOUTH RIGHT-OF-WAY LINE CONRAIL RAILROAD(AKA PENN CENTRAL RAILROAD), S. 86°58'05"E.,A DISTANCE OF 727.68 FEET MORE OR LESS; THENCE S.00°23'49"E. A DISTANCE OF 9.96 FEET MORE OR LESS TO THE NORTH LINE OF SAID TRACT NO 3; THENCE S. 89°31'59" E. ALONG SAID NORTH LINE A DISTANCE OF 348.74 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 13.18 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. and the same is hereby established as PUD Planned Unit Development District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,20 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 F-0 Filed In C:A.• t}ffFCe lit READING F�""-k PUBLIC HEARING �iJa 5 205 3 rd READING NOT APPROVED JOHN VIC,J'aan � REFERRED A. ?"4-3-4 r CITY CLERIC,SOUTH BEND,IN PASSED PETITION TO REZONE City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject property is located at: 635 South Lafayette Boulevard,South Bend,Indiana 46601 2) The property Tax Key Number(s)is/are: Key 11 1: 18-3043-165402, 18-3043-165409 & 18-3043-164508 3) Name and address of property owner(s)of the petition site: Studebaker Building 84 LLC 6561 LonewolfDrive,Suite 100 South Bend,Indiana 46628 574-993-5840 E-Mail Address N/A 4) Name and address of contingent purchaser(s),if applicable: N/A 5) It is desired and requested that this property be rezoned: From: GI General Industrial District To: PUD Planned Unit Development 6) This rezoning is requested to allow the following use(s): Mixed-Use, Residential, Commercial and Industrial Development. 7) Attached, and made a part of this PETITION,is: (a) a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (b)six(6)site plans;and (c)addressed,stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. 2 Signature(s)of All Property owner(s),or signature of Attorney for all property owner(s): Studebaker Building 84 LLC 6561 LonewoliDrive,Suite 100 South Bend Indiana 46628 574-993-5840 PETITION PREPARED BY&CONTACT PERSON: Name: Danch, lamer&Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003 mdanch @danchharner.com • Filed in Ol rk'e Office CITY CLERK, OU H BENM,IN �i . i i, ',�!`t' a r \� 2865 //. CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS (S cR (r Zs- - (f -1,-- -210 - LS� October 8, 2015 South Bend Common Council 4th Floor,County-City Building South Bend,IN 46601 Re: Bill No. 25-15 Yard Waste Containers Bill No.25=1-6 Solid Waste Fees Dear Council: I am requesting that Bill-NnS0-1S4c Bill No. 25-15(currently set for October 26th),and Bill No.25-16(currently set for October 26th) be re-scheduled to the November 9, 2015 Council meeting so that the Utilities Committee may have further discussion on these Bills. I am available for any further questions or additional information that you may have regarding these bills. Thank you for your consideration. Sincerely, l':' Executive Director of Public Works OCT:1451.1 in PCriffritniidOil 8 2Q15 JOHt4 a+.;'. Iary CLERK,Val f?-`.:OM,Hi (\ 44 *'1 6,-\\ �� L r- ` SJ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTIONS OF CHAPTER 16,ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS STATEMENT OF PURPOSE AND INTENT For reasons of environmental stewardship and heightened state and federal regulation, the City of South Bend (the City), in 2013, amended Chapter 16 Article 2 to prohibit use of plastic bags to contain yard waste materials for City removal (Ordinance # 10270-13). At that time, the City introduced voluntary use of 95 gallon yard waste containers furnished by the City as a receptacle for yard waste materials to be removed by the City The City Division of Organic Waste (the Division) has been reviewing the costs associated with yard waste removal, particularly the cost difference between removal from City furnished containers and removal from paper bags or non-bagged bundles. The Division has determined that it is not economically feasible for the City to continue removing yard waste which is not contained within City-issued yard waste containers. This ordinance limits the City's removal of yard waste materials to those which are placed in City-issued yard waste containers and which are rented annually for Sixteen Dollars ($16.00) from the City and payable at a fixed monthly rate of$2.00 during the period from April through November. The provisions of this ordinance will take effect in calendar year 2016, and those residents who were not previously issued such containers shall have until February 1, 2016 to request a container. As of April 1, 2016, no yard waste shall be removed from property during City yard waste pick-up and removal which is not contained within a City yard waste container. To effectuate this change in practice it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16-8 (f) and (g) and at Article 4, Section 16-28 . This Ordinance enacts those Municipal Code Amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: Section I. Chapter 16, Article 2, Section 16-8(f) of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16-8. Use of City-furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste; and required use of City-furnished yard waste containers . (f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. As of April 1, 2016 Yyard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed solely in containers leased from the City. in paper or other . . .. . . _ . _ . However, special pick up may be scheduled for any Tree limbs and brush of a diameter of less than four (4) inches which shall be bundled together in lengths of forty-eight (48) inches or less,- or for Tree limbs and brush in excess of these dimensions, or for large quantities of yard waste, excluding tree limbs in excess of six inches in diameter and stumps. may be scheduled for special-piek up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section II. Chapter 16, Article 2, Section 16-8 (g) shall be and hereby is amended to read in its entirety as follows: (g) Commencing January 1, 2016 The owner, occupant or lessee of any single or multifamily dwelling who desires City service of weekly yard waste pick up and removal must may lease from the City a yard waste container with capacity for ninety-five (95) gallons of yard waste. The lease rate shall be two dollars ($2.00) per month for the months of April through November, or Sixteen Dollars ($16.00) per year. Should such container become substantially damaged or otherwise incapable of effective use through no fault of the City, the lessee shall may be responsible for the replacement of the container at actual cost. Section III. Chapter 16, Article 4, Section 16-28 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16-28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co-mingled with trash and garbage. Yard waste shall not be delivered to the Organic Resource Facility in plastic bags. It shall be delivered either in paper or other biodegradable bags, in a loose condition or in a container furnished by the customer„ all up to a maximum weight of thirty five 35 however, that nNo matter how yard waste is delivered, all brush and tree limbs shall be cut in lengths not to exceed forty-eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. -- - • - __ -- -- :: -. . :.-: •- - -' manner. Section IV. This Ordinance shall be in full force and effect on January 1, 2016 conditioned upon adoption by the Council and approval • • e T ayo 141111LW.,111- 11- r4111." - Member, South Bend Common Council Signing oft IS 074 to Pr eal Attest: o tpity for public b and Council d{S S shy 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 �Fii d <�� ,� `s Office t st READING S 2 L -t r 4 8%1.__. 20 Zu15 PUBLIC HEARING l�R 3 rd READING L NOT APPROVED ow CLERK,SOU&!iREND,iN PEF=BRED :SEED S 0 i4 ogl;i�ii/„ I ': ”. 1865 ; On OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF PUBLIC WORKS May 20, 2015 Mr.Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amendment to South Bend Municipal Code Chapter 16,Articles 2 and 4, Regarding Provisions for the Removal of Yard Waste from City Furnished Containers Dear President Scott: In 2013, the City amended the yard waste ordinance to prohibit the use of plastic bags that contain yard waste materials. This allowed the City to collect uncontaminated, plastic-free yard waste for processing at the Organic Resources facility for the first time in the City's history. Subsequently,the City has moved approximately 100,000 cubic yards of plastic contaminated material from the Organic Resources facility to the landfill over the past two years to comply with requirements from the Indiana Department of Environmental Management. At the same time,the City introduced the voluntary use of 95 gallon yard waste containers furnished by the City as receptacles for yard waste to be collected from residential properties. The City issued yard waste containers are rented annually for$16.00 or about$.50 per week during the months of April through November. Since that time,the City has been reviewing the costs associated with the yard waste removal and has determined that there is a significant cost difference between the collection of yard waste in City furnished containers and the collection in paper bags, residential containers,or non- bagged bundles. It has been determined that it is not economically feasible for the City to continue removing yard waste which is not contained within the City furnished yard waste containers. This ordinance recommends limiting the collection and removal of weekly residential yard waste materials to those placed in City furnished yard waste containers. Residents would have until February 1, 2016 to request a container for an April 1, 2016 effective date. After April 1, no yard waste shall be removed from property as a part of the weekly collection unless contained within a City furnished container. However,the City would still have provisions for a one-time per month special pick-up collection of yard waste that would not be limited to the City furnished yard waste containers,and the City would still run its annual Spring and Fall Curbside Re-Leaf programs. �J�l Mr.Tim Scott Yard Waste May 20, 2015 Page Two Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. As always, thank you for your consideration. S Siinncerely, Eric C. Horvath City of South Bend Executive Director Public Works s"g Office W!s k r 2015 ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, SECTIONS 16-6 and 16-8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS STATEMENT OF PURPOSE AND INTENT The charges for collection and disposal of refuse (solid waste)materials within the City of South Bend have not increased since 2008 (Ordinance No. 9861-8,passed August 25,2008). Over the past several years the costs to the City for this collection and disposal process have risen, including the salaries and wages of personnel, the cost of technically advanced trucks and other equipment, and the costs of fuel and other overhead expenses of processing. At this time an adjustment in the fees charged for collection and disposal of solid waste is necessary to cover the basic costs of the service. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 16, Article 2, Section 16-6, subsection (c) is hereby amended to delete in full sub-parts (1) through (5) inclusive, which subparts shall be replaced with the following schedule of rates: (1) Rates and Charges MONTHLY RATES Within City of South Bend Limits: 2015 2016* Family Dwellings: One—family dwelling $11.52 (1) $12.48 Two-family dwelling** 18.06 (I) 19.57 Three- Family dwelling** 24.61 (1) 26.66 Four Family Dwelling** 31.16 (I) 33.76 Senior rate*** 6.91 (1) 7.49 Commercial 13.82 16.22 Outside City of South Bend Limits: Residential 13.82 16.22 Residential Senior*** 8.64 9.36 Additional Trash Container(per container) 6.55 7.09 Yard Waste Bin**** 16.00 16.00 * Until Further Amended. ** With one water meter. *** Where the head of the household has submitted to the Board of Public Works proof of age sixty five(65)or older. **** Annual Charge for 8 months of the year. SECTION II. The remaining subparts numbered(6)through(8) of Chapter 16, Article 2, Section 16-6(c) shall be renumbered as subparts (2)through(4) respectively. SECTION III. Subpart 9 of Chapter 16,Article 2, Section 16-6(c) shall be deleted in its entirety. SECTION IV. Chapter 16,Article 2,Section 16-8, subsection (a) and (d) are hereby amended to read as follows: (a) Each single-family,two-family, three-family and four-family dwelling shall be provided by the City with one (1) solid waste container for each family unit.It shall be the duty of the dwelling occupant to keep the cover of this container tightly fitted when refuse is contained in the container, and to remove the container from the collection site promptly after collection by the City and no later than twenty-four (24) hours thereafter. No container other than the one provided by the City shall be used for solid waste removal, and all refuse must be placed in the container and moved to the place of pickup by 6:00 a.m. on the designated collection date. Should the solid waste refuse of a dwelling habitually exceed the limits of the furnished solid waste container, the City may require the dwelling occupant to use a second City-furnished container or the dwelling unit occupant may choose to use a second City furnished container at an additional charge of ive-dollars-($5.00) six dollars and fifty-five cents ($6.55) per month(in 2015), and seven dollars and nine cents ($7.09) per month (in 2016 and thereafter) on a mandatory year to year basis as provided in subsection (d) of this section. (d) The initial container furnished to owners, agents or occupants of dwellings as provided in this section shall be free of charge. New or subsequent dwelling owners, agents or occupants, shall pay an initial nonrecurring service fee of ten dollars ($10.00) to cover the City's administrative cost of delivery and furnishing the refuse container. Should a container become substantially damaged or otherwise incapable of effective use through no fault of the City,a new container may be provided at actual cost.Any dwelling unit using more than one (1) refuse container or habitually having refuse exceeding capacity of the furnished container shall lease a second container for a year to year term at the lease rate of five-dollars ($5.00) six dollars and fifty five cents ($6.55) per month (in 2015), and seven dollars and nine cents ($7.09) per month (in 2016 and thereafter). SECTION V. The effective date of this ordinance shall be August 1, 2015 after passage by the Common Council, approval of the Mayor, and pub • • ursuant to law. Member, South Bend Common Council Signing— o�. pubs artd Council acts►on WS WA 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 Ci . ffj 3 ter READING S-Lc 4 S— MAY 2 0 2015. _.. PUBLIC HEARING 3rd READING 3 PIOT APPROWD ern Cara,t OiJTH VEND,IN )ASSED •,450UTg\, AMC 7865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF PUBLIC WORKS May 20, 2015 Mr. Tim Scott President,South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amendment to South Bend Municipal Code Chapter 16, Article 2,Sections 16-6 and 16-8 Regarding Fees for City Collection and Disposal of Solid Waste Materials Dear President Scott: Last year during the budget process, it was identified that the ongoing fees charged for the collection and disposal of solid waste needed adjusted in order to cover the basic costs of providing the service. The costs for personnel salaries,wages and benefits,fuel, tipping fees, new technically advanced trucks and equipment,maintenance,and overhead have risen since the last increase in 2008. Expenses have outpaced revenues for the past few years which led to a declining fund balance in the Solid Waste fund. During the budget process, it was suggested that the fees would need to be increased by approximately $1.00 per month per household in 2015. The City is recommending that the Council pass a two-tiered fee increase per the attached ordinance for 2015 and 2016. The effective date for the first increase would be August 1,2015. The recommended fees would support a more evenly balanced budget and would be competitive with fees in surrounding communities. Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. As always, thank you for your consideration. Sincerely, piled in CIPn: Eric C. Horvath tt City of South Bend k MAY 2 0 2215 I Executive Director Public Works CITY CLER:c. oumD,IN • 6 ; kj po . 67 -( f ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 6,ARTICLES 1,2,4,6, 7 and 11 OF THE SOUTH BEND MUNICIPAL CODEADDRESSING MINIMUM PERMIT FEES AND SERVICE CHARGES OF THE BUILDING DEPARTMENT STATEMENT OF PURPOSE AND INTENT On December 31, 1991, the City of South Bend,Indiana, and the County of St.Joseph entered into an agreement to merge their building departments; and further created the "Consolidated Building Board." In 1993,by Ordinance No. 8412-93, Subsection 1, the South Bend Common Council created the Building Department as an Enterprise Fund. The South Bend Municipal Code at Chapter 6,Article 1,Section 6-4(f) requires periodic review of the permit fees charged by the Building Department and also prescribes that the Building Commissioner report to the Common Council to assure that the fees collected are adequate to operate the Department. A recent review has disclosed that the Building Department suffered a loss in 2014 of approximately$31,450.00, for all permits issued with a minimum fee. Therefore,it is determined that a minimum fee adjustment is warranted to avoid future losses in this permit category. The adjustments set forth in this ordinance are identical to those proposed to be adopted by the St. Joseph County Council for application outside the City of South Bend. The increase for each affected minimum fee is not more than Ten dollars ($10.00). To further enable the Building Department to operate on fee revenue,it is necessary to raise the various contractor registration fees from one hundred dollars ($100.00) to one hundred twenty- five dollars ($125.00). Adjustment of the fees as provided in this ordinance is in the best fiscal interest of the City of South Bend. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: Section I. Chapter 6,Article 1, Section 6-4(b) of the South Bend Municipal Code shall be amended to read as follows: (b) Unless otherwise provided in the Building Code,the fees to be charged for the issuance of permits by the Department shall be paid at the time the permit is issued. (1) The fee for permits issued for residential and commercial new construction and building additions shall be based upon the following: a. Cost per Square Foot (CSF) times the Total Square Footage (TSF) times the Local Variable Factor (LVF) of$0.00098. b. Cost per Square Foot (CSF) shall be determined by the International Code Council Building Valuation Table in effect in January of each year. c. The cost per square foot(CSF)by occupancy classifications shall be amended as follows: 1. Groups F-1,F-2, H-1, H-2,H-3, H-4, and M shall have the same rate as A-3. 2. Groups I-4, R-2,and R-4 shall have the same rate as I-1. 3. Groups S-1, S-2,and U shall have the same rate as R-3. d. Minimum Fee Thirty Forty dollars ($3000$40.00). (2) Permits issued for all alterations,repairs,remodeling of existing structures over five hundred dollars ($500.00), fence installations, in-ground pool installations, communication towers, and utilities shall be subject to the following fee schedule: Estimated Construction Costs Permit Fees $1.00 to 1,000.00 30.00 1,001.00 to 2,000.00 35.00 $1.00 to $12,001.00 to 3,000.00 40.00 3,001.00 to 4,000.00 .... 45.00 4,001.00 to 5,000.00 50.00 5,001.00 to 6,000.00 55.00 6,001.00 to 7,000.00 60.00 7,001.00 to 8,000.00 65.00 8,001.00 to 9,000.00 70.00 9,001.00 to 10,000.00 75.00 10,001.00 to 11,000.00 80.00 11,001.00 to 12,000.00 85.00 12,001.00 to 13,000.00 90.00 13,001.00 to 14,000.00 95.00 (3) Thirsty Forty dollars{$-30.00 $40.00) for each reinspection made by department inspectors of commercial and industrial projects. (4) Sixty dollars ($60.00) for each additional final inspection necessitated by the failure to pass the previous final inspection. (5)—(6) Reserved. (7) Sign Permits.Fees shall be charged for the issuance of permits for the installation or erection of freestanding signs; billboards, including outdoor and off-premises signs; fascia signs; marquee or canopy signs and for lettering on buildings as follows: a. Under one (1) square foot or less of display area and embellishments: No fee b. One (1) square foot to twenty-five (25) square feet of display area and embellishments: Forty dollars ($40.00); c. Twenty-six (26) square feet to fifty (50) square feet of display area and embellishments: Sixty dollars ($60.00); d. Fifty-one (51) square feet to one hundred (100) square feet of display area and embellishments: Eighty-five dollars ($85.00); e. In excess of one hundred (100) square feet of display area and embellishments: One hundred twenty dollars ($120.00); f. Temporary signs: Initial permit, Thirty five Forty dollars ($35.00) ($40.00); each extension of a temporary permit, Forty-five dollars ($45.00). (8) Wrecking and demolition permit fees shall be as follows: a. Residential: 1. $0.02 per square foot,with a minimum fee of Thitry Forty dollars ($300 $40.00). b. Commercial: 1. $0.015 per square foot,with a minimum fee of Forty dollars ($40.00). (9) Move any one- or two-story building over public streets or alleys: One hundred twenty-five dollars ($125.00). (10) Move any building greater than two (2) stories in height over public streets or alleys: One hundred seventy-five dollars ($175.00). (11) The fee for installation of a wood-burning stove shall be Thirty Forty dollars($330.00$40.00) per flue (including chimney and chimney connector). Section II. Chapter 6,Article 1, Section 6-4.1 of the South Bend Municipal Code shall be amended to read as follows: Sec. 6-4.1. - Filing fees;improvement location permits and document processing/preparation fees. The fees levied by this section shall be paid prior to the issuance or acceptance by the Building Commissioner of any petitions filed with the Board of Zoning Appeals. Improvement location permits, or written documents on zoning and uses as regulated by Chapter 21 of the South Bend Municipal Code. Document processing fees shall be paid prior to the issuance of documents, including, but not limited to, verifying zoning, legal nonconforming uses, lots of records and rebuild letters. (1) Board of Zoning Appeals: a. Appeals and Variances $85.00 b. Special Exceptions ..... $300.00 c. Each variance filed simultaneously with another variance or special exception $45.00 (2) Improvement Location Permit: a. First Term $30.00 $40.00 b. Renewal $45.00 Section III. Chapter 6,Article 2, Section 6-6.5(c) of the South Bend Municipal Code shall be amended to read as follows: (c) All installations of wood-burning stoves shall be inspected by the Department two (2) times,one (1) each for preliminary venting work and for final, completed installation. The permit holder shall notify the Department at least twenty-four (24) hours in advance of the time the work is ready for inspection.If the work does not pass inspection,a reinspection fee of thirty forty dollars ($30.00$40.00) shall be charged for each future inspection of that stage of work. Section IV. Chapter 6,Article 2, Section 6-6.6(c) of the South Bend Municipal Code shall be amended to read as follows: (c) All persons, firm or corporation erecting signs in the City for remuneration shall be registered with the Department. Registration shall be on forms provided by the Department and be accompanied by a five thousand dollar ($5,000.00) bond made payable to the City of South Bend,indemnifying the City against all loss or damage to public ways,public places and other public property during the course of the work under the sign permit and further conditioning that the applicant will indemnify the City and pay any and all personal and property damages caused by any negligent act or omission in the erection of such sign,proof of liability insurance in the amounts of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence,and fifty thousand dollars ($50,000.00) per property damage to save and keep the City harmless from any claims, damages, liabilities,losses, actions, suits or judgments which may be brought, presented, sustained or obtained against the City or its officials because of negligence of the sign hanger, contractor or his agents, or by reason of defects in the construction, or damages . resulting from the collapse or failure of any sign, and payment of a registration fee of one hundred twenty five dollars($400.00)($125.00). Said registration shall be for a term of one (1) year commencing on the effective date of the surety bond. Section V. Chapter 6,Article 4, Section 6-10(c), (d)(2) and (e) of the South Bend Municipal Code shall be amended to read as follows: (c) Schedule of permit fees. Permits issued for plumbing work within the City shall be subject to the following fee schedule,with a minimum permit fee being thirty forty dollars($30.00$40.00). (1) Each plumbing fixture or trap or set of fixtures on one (1) trap,including water and drainage piping therefor 6.00 (2) Each backflow protection 6.00 (3) Each building sewer: a. Under 100' 12.00 b. 100' or over 25.00 (4) Each building water: a. Under 100' 12.00 b. 100' or over 25.00 (5) Each water softener 7.00 (6) Each trailer park sewer 10.00 (7) Each drain within building for rainwater systems 6.00 (8) Each water heater and/or vent 7.00 (9) Each gas reconnection 34:90 40.00 (10) Each gas piping system,per outlet 3.00 (11) Each industrial waste pretreatment interception, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps 8.00 (12) Installation, alteration or repair of water piping and/or water treating equipment 6.00 (13) Repair or alteration of drainage or vent piping 6.00 (14) Each drywell 12.00 (15) Each lawn sprinkler system on any one (1) meter, including backflow protection devices thereof 6.00 (16) Fire protection sprinkler system: a. Up to 30 heads 30.00 40.00 b. Plus each additional 10 heads thereafter 8.00 (17) Gas tanks and pumps 12.00 (18) Back-up generator-gas line: a. 10 Kv or less 30.00 40.00 b. Over 10 Kv 50.00 (19) Each reinspection 30.00 40.00 (20) Each additional final inspection 60.00 (d) Registration and permits for plumbing services. (2) Registration required: a. All persons performing plumbing services within the City shall be a Plumbing contractor and shall register with the Department;provided,however, that the owner-occupant of a dwelling shall not be required to register when he or she is installing altering or repairing the plumbing of that dwelling. b. Registration shall be on forms provided by the Department and shall be accompanied by payment of a registration fee,as follows: Plumbing contractors $400.90 $125.00 Excavators (as defined in section 6-10(d)(1)b,) 490.00 100.00 Sewer cleaners .... 490:80 125.00 c. Registrations shall be for a term of one (1) year beginning from the date of issuance. d. Lawn sprinkler contractors,water softener contractors, and fire protection sprinkler contractors shall comply with Article 11,Building Contractor Licensing Requirements. (e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three (3)times,once each for underground work,rough-in work,and final completion.A complete line test shall also be supervised by the plumbing inspector. The plumbing permit holder shall notify the plumbing inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of thirty forty dollars 030.00$40.00) shall be charged for each future inspection of that stage of work. Section VI. Chapter 6, Article 6, Section 6-23(i) of the South Bend Municipal Code pertaining to electrical licenses shall be amended to read as follows: i) License Fees: (1) Class A: New $100.00 $125.00 Renewal 480.00 125.00 (2) Class B: New and renewal $1-00.00 125.00 Section VII. Chapter 6,Article 6,Section 6-24 of the South Bend Municipal Code shall be amended to read as follows: Sec. 6-24. -Permits (c) Fees. Each application for a permit for installation or alteration of electrical wiring or equipment shall be accompanied by fees in accordance with the schedule below;with a minimum permit fee of thirty forty dollars($-30.00 ILflO: (1) Temporary service for construction: All amperage $ 7.00 (2) Switchboards and panel boards each, new and replaced: 60-amp 7.00 100-amp 9.00 200-amp 12.00 400-amp 15.00 600-amp 20.00 Over 600-amp to 2,000-amp 25.00 Over 2,000-amp 50.00 (3) Circuits(new or replaced): a. Each circuit 5.00 (4) Horsepower(machinery): a. First hp 7.00 b. Each additional hp 0.25 (5) Backup generator. a. 10 Kv or less 3990 40.00 b. Over 10 Kv 50.00 (6) Pool wiring and/or bonding 30:00 40.00 (7) Repair, extension, and/or maintenance of wiring 30:00 40.00 (8) Reset, relocation,reconnect fees, each 39:99 40.00 (9) Each reinspection fee 30:90 40.00 (10) Each additional final inspection 60.00 If the exact number of circuits or horsepower is unknown at the time of the application for a permit, a permit may be taken for the minimum amount known with new permits issued as the extent of the work is known. Section VIII. Chapter 6,Article 6, Section 6-25(a) of the South Bend Municipal Code shall be amended to read as follows Sec. 6-25. - Inspections. (a) All electrical wiring and equipment installations and alterations requiring a permit shall be inspected by the Electrical Inspector. The permit holder shall notify the Electrical Inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection,a reinspection fee of thirty forty dollars(-$30:00$40.00) shall be charged for each future inspection of that stage of work. Section IX. Chapter 6,Article 7,Section 6-36.2(i) of the South Bend Municipal Code regarding heating, air conditioning and ventilating licenses shall be amended to read as follows: (i) License Fees: New $100.00 $125.00 Renewal 400:00 125.00 Section X. Chapter 6,Article 7, Section 6-36.3 (c) of the South Bend Municipal Code regarding heating,air conditioning,ventilating, and refrigeration equipment or systems permits,shall be amended to read as follows: (c) Fees. Each application for a permit for installation of heating, ventilating, air conditioning, and refrigeration equipment or systems shall be accompanied by fees in accordance with the schedule below, with a minimum permit fee being thirty forty dollars ($3098 $40.00). When the total capacity of any system in any single installation is provided by more than one (1)unit,the sum of the capacities of each unit and the total number of such units shall determine the fee. (1) Space heaters, each 30,000 Btu input or more 3990 40.00 (2) Warm-air furnaces,unit heaters, cabinet heaters,and radiant tube heaters: ...40.00 a. Up to 300,000 Btu 30.00 b. 300,000 Btu input or more 40.00 (3) Oil and gas conversions: ...40.00 a. Up to 300,000 Btu input 30.00 b. 300,000 Btu input or more 10.00 (4) Electric furnaces (air handling): 40.00 a. Leas than 100 S input 30.00 b. 100 kw input or more 10.00 (5) Air Conditioning: a. Central, electric: 1. Less than 310 tons 30:00 40.00 2. 5 to 10 tons 10.00 • 3 2. Over 10 tons 60.00 b. Water chillers 85.00 c. EMI-air blower 30,80 40.00 (6) Ventilating and exhaust systems: a. Less than 500 CFM capacity 6.00 b. 500 to 1,500 CFM capacity 12.00 (Plus 1.00 for each 500 CFM or fraction thereof in excess of 1,500 CFM) (7) Ventilating commercial hoods;including make up air: a. 500 CFM to 1,500 CFM capacity 60.00 b. Over 1,500 CFM capacity 120.00 (8) Refrigeration and engine-driven,gas-fired or oil-fired cooling equipment: a. 1 to 5 horsepower,each 17.00 b. 6 to 10 horsepower, each 330..00 40.00 c. More than 10 horsepower, each 45.00 (9) Rooftop combination furnace and air conditioning units, 60,000 to 300,000 Btu's, each: a. Up to 71/2 tons 45.00 b. 71 tons or more 70.00 (10) Heat pumps: a. 1,000 to 60,000 Btu's input 30.00 40.00 b. 60,000 to 300,000 Btu's: 1. Up to 7'/2 tons, each 45.00 2. 71/2 tons or more, each 85.00 c. Earth, coupled water source 60.00 (11) Boilers, steam or hot water: a. Up to 300,000 Btu's 3480 40.00 b. 300,000 Btu's or more 60.00 (12) Through-wall combination air conditioning/heating and VAV boxes w/coil: a. First unit 30.00 40.00 b. Each additional unit 12.00 c. Solar heat units 60.00 (13) Air handlers a. 400 CFM to 2,500 CFM 330.0. 0 40.00 b. Over 2,500 CFM 70.00 (14) Backup generators—Gas line: a. 10 Kv or less 330:00 40.00 b. Over 10 Kv 50.00 (15) Duct and register: a. First 15 openings,per system 30.00 40.00 b. Each opening thereafter,per system 1.00 (16) Gas reconnection, each 30.00 40.00 (17) Gas piping (distribution of piping to equipment) to be included on permit application Each gas piping system,per outlet 3.00 (18) Woodburning stoves,per flue (including chimney and chimney connector) 30:00 40.00 (19) Each reinspection fee 30.00 40.00 (20) Each additional final inspection 60.00 Section XI. Chapter 6,Article 11,Section 6-48 of the South Bend Municipal Code shall be amended to read as follows: Sec. 6-48. - Fees. (a) The annual fee for a Building Contractor's prelicensing registration shall be one hundred twenty five dollars($100:00) ($125.00),and placed in a special nonreverting fund to assist in the implementation of this aArticle. (b) Any Building Contractors performing electrical,plumbing,heating,air conditioning or ventilating services shall be subject to the applicable fee requirements addressed in Sections 6-10 or 6-36.2 of this Code,instead of the one hundred twenty five dollar ($100.00) ($125.00) fee addressed in Subsection (a) herein. Section XII This ordinance shall be in full force and effect from and after its passage by the Common Council,approval by the Mayor, and any publication required by law. Member of the Common Council Signm3 :'4 t 42:1: :9.. F S and Attest: oppor u ',y 104 F .wt ha stag Edon cn . 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 I►_ ce 1 J .? zU15 st RTADING PUBLIC HEARING 3 rd READING CITY CLERK,tSOUTH FIEND,IN NOT APPROVED REFERRED PASSED „GOorassioyFRsb ST.JOSEPH COUNTY/SOUTH BEND goUTB`8 A BUILDING DEPARTMENT a� \I►I'lIC/�`�: oa, •�' i ;;�, � ,lip G ” 125 S. LAFAYETTE BIYD. ‘\,, /0� ° 1. ∎.rta. .¢ =5 SUITE 100 - ? $ � \ �' Cl c SOUTH BEND IN 46601 : 6! • nit'— (574) 235-9554 '\ ,�s .a FAx 574-235-5541 R R ti1865 JAMES D.MARKLE,R.A. CHARLES C.BULOT MARKS LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator October 6, 2015 The Honorable Tim Scott City of South Bend Common Council 227 West Jefferson Blvd., Suite 400 S South Bend, IN 46601 RE: AMENDING VARIOUS SECTIONS OF CHAPTER 6,ARTICLES 1,2,4, 6, 7 and 11 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINIMUM PERMIT FEES AND SERVICE CHARGES OF THE BUILDING DEPARTMENT Dear Mr. Scott: On December 31, 1991, the City of South Bend and the County of St.Joseph entered into an agreement to merge their building departments and create the"Consolidated Building Board." In 1993, by Ordinance No. 8412-93, subsection 1,the Board created the Building Department as an Enterprise Fund. A recent review has disclosed that the Building Department suffered a loss in 2014 of approximately $31,450.00, for all permits issued with a minimum fee. Therefore, it is determined that a minimum fee adjustment is warranted to avoid future losses in this permit category. The adjustments set forth in this ordinance are identical to those proposed to be adopted by the St.Joseph County Council for application outside the City of South Bend. The increase for each affected minimum fee is not more than Ten dollars ($1 0.00). To further enable the Building Department to operate on fee revenue, it is necessary to raise the various contractor registration fees from one hundred dollars($100.00)to one hundred twenty-five dollars ($125.00). I intend to present these changes at the next available scheduled meeting of the County Council. Feel free to contact me if you have any questions. Sincerely, _— Charles C. Bulot, C.B.O.,C.F.M. O/C " l . 2915 Building Commissioner JO N:4 t;;,;., CITY CLERK,SOUTH t1END,IN F41) SA\ p ' (C—( 1 / BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A RESOLUTION OF THE SOUTH REND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (Former Chase Tower and Adjacent Parking Lot) STATEMENT OF PURPOSE AND INTENT Pursuant to its authority granted by Indiana Code Section 36-7-12 et seq., the South Bend Economic Development Commission (the "Commission"), in furtherance of economic development within the City of South Bend, Indiana (the "City"), has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ("EDTA") because such area has become undesirable or impossible for normal development and occupancy due to lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings or other factors that have impaired values or prevented a normal development of property or use of property. The property known as the former Chase Tower and adjacent parking lot, located generally at 211 Washington Street, South Bend, Indiana (the "Property") has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors that have impaired values or prevented a normal development or use of property. More specifically, the Property, including its facade, plumbing, HVAC system, parking structure concrete, and elevators,has deteriorated and become obsolete to an extent that it cannot support normal development and occupancy. Further, the Property is vacant, and its assessed value reflects that it is obsolete. Based upon all of the above facts, the Commission at a regular meeting held on October 5, 2015, approved Resolution No. 2015-03, a true copy of which is attached hereto and incorporated herein as Exhibit A. The Resolution designates the Property and its adjacent parking lot, collectively comprised of current parcel numbers 018-1008-0321 and 018-1012-047701 (which parcel numbers are subject to change as a result of an anticipated subdivision of the Property), as an Economic Development Target Area, 1 which Resolution the South Bend Common Council, as fiscal body for the City, now approves by enacting this ordinance pursuant to Ind. Code Section 6-1.1-12.1-7(a). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Economic Development Commission's Resolution No. 2015-03 adopted on October 5, 2015, attached hereto and incorporated herein as Exhibit A is hereby and in all ways approved. SECTION II. The Property located at 211 Washington Street in the City of South Bend, Indiana, including its adjacent parking lot, collectively comprised of current parcel numbers 018-1008-0321 and 018-1012-047701 (which parcel numbers are subject to change as a result of an anticipated subdivision of the Property), is hereby designated, determined, and declared to be an Economic Development Target Area pursuant to Ind. Code Section 6-1.1-12.1-7, with all rights and benefits conferred and authorized by law. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ��_ SlRt1 Member othe Common Council oppty' x peat;i`f' fag and Council action on tith kayo. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana,on the_ day of , 2015, at o'clock . m. City Clerk Approved and signed by me on the_day of ,2015, at o'clock . m. Mayor, City South Bend, Indiana Filed �l Office 1500.0000019 42632190.002 -� 1 St READING 0"I1--1 r tra- - no 6, PUNK HEARING b rd READING GL_,, NOT APPROVED 2 0,1 REFERRED �IYY ERic s,ou i H limo,IN PAs,ED :e.« EXHIBIT A Economic Development Commission Resolution No. 2015-03 [See attached.] RESOLUTION NO.2015-03 . A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RECOMMENDING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT TARGET AREA (Former Chase Tower and Adjacent Parking Lot) WHEREAS,the South Bend Economic Development Commission(the"Commission") exists and operates pursuant to the provisions of Indiana Code § 36-7-12, et seq.; and WHEREAS, under the authority granted by Indiana.Code § 36-7-12, et seq., and in furtherance of economic development in the City of South Bend(the"City"),the Commission has, through City staff members, investigated, studied, and surveyed the need for additional job opportunities within the City and has formed recommendations concerning the economic development possibilities within the City; and WHEREAS,based upon such assessments and reports by the City staff,the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ("EDTA") because such area has become undesirable or impossible for normal development and occupancy because of a lack of development,cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings,or other factors that have impaired values or prevent a normal development of property or use of property; and WHEREAS, the property located at 211 Washington Street, South Bend, Indiana, commonly known as the former Chase Tower (the "Property"), including its facade, plumbing, HVAC system,parking structure concrete, and elevators,has deteriorated and become obsolete to an extent that it cannot support normal development and occupancy; and WHEREAS,the Property is vacant;and WHEREAS,the assessed value of the Property reflects that it is obsolete; and WHEREAS,the Commission now desires to recommend that the South Bend Common Council designate the Property as an EDTA. NOW,THEREFORE,BE IT RESOLVED by the South Bend Economic Development Commission that: 1. The Commission favorably recommends the establishment of the Property and its adjacent parking lot, collectively comprised of current parcel numbers 018-1008-0321 and 018- 1012-047701 (which parcel numbers are subject to change as a result of an anticipated subdivision of the Property), as an Economic Development Target Area in accordance with Indiana Code § 6- 1.1-12.1-7. 1 ADOPTED at a meeting of the South Bend Economic Development Commission held at 2:00 p.m. on October 5, 2015,at the County-City Building,227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, . DEPARTMENT OF ECONOMIC DEVELOPMENT Stigma j. . Greg Al gonski, President Printed Name and Title South Bend Economic Development Commission ATTEST: , Secretary S' lure (5 c611 C ¶i20, F ec`Dins @4vu ■ lniu�stM4,ff Printed Name and Title South Bend Economic Development Commission 1500.0000019 57359719.002 Filed it , - "office • "* 7 "zu15 t JOHN Vi CITY CLERK,SGt REND IFf 2 fSOUTH B^ ••. 227 W.JEFFERSON BOULEVARD /.\ •"/r 2 PHONE:574/235-9371 SUITE 1400 S. ` p ._ •. FAX:574/235-902 I SourHBenID,IN46601-1830 �>>� 365 /' CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR October 7,2015 Mr. Tim Scott, President South Bend Common Council 4'E Floor County-City Building South Bend, IN 46601 RE: Establishing an Economic Development Target Area The Tower at Washington Square at 211 West Washington St. Dear President Scott: Attached for the Common Council's consideration is a proposed ordinance which approves and adopts a recommendation made by the South Bend Economic Development Commission establishing an Economic Development Target Area for the parcels known as The Tower at Washington Square (Parcel IDs —018-1008-0321 and 018-1012-047701 which parcel numbers are subject to change as a result of an anticipated subdivision of the property). The property known as the former Chase Tower and adjacent parking lot, located generally at 211 Washington Street, South Bend, Indiana (the "Property") has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors that have impaired values or prevented a normal development or use of property. More specifically, the Property, including its façade, plumbing, HVAC system, parking structure concrete, and elevators, has deteriorated and become obsolete to an extent that it cannot support normal development and occupancy. Based upon all of the above facts,the Commission at a regular meeting held on October 5, 2015, approved Resolution No. 2015-03. The South Bend Economic Development Commission, in furtherance of economic development within the City of South Bend, has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate the 211 West Washington St as an Economic Development Target Area which will make The Tower at Washington Square a more attractive investment and facilitate the development and occupancy of the building. Thank you for your consideration. Brock Zeeb or Chris Fielding will-auend_th.e.Committee and Council meeting to address any questions. FIB@ -`- S Offie@ Cordially, Brock Zeeb CIT'YC CLERK, MEND,IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C.MEYER• CHRIS FIELDING BROCK ZEEB C S-k, �� I°°- IS'� �s' RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 West Washington Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR APARTMENTS LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council") requesting that portion of the property located at 211 West Washington Street, South Bend, Indiana which is more particularly described as: Lots 239 &240 & Vac Alley W & Adj OP and which is to be rehabilitated for use as apartments and shall have a separate Key Number assigned upon the subdivision of the parcel into four (4) separate tax parcels and provided to the Common Council be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the South Bend Economic Development Commission ("EDC") previously recommended designation of the property located at 211 West Washington Street and its adjacent parking lot (the "Project Site") as an Economic Development Target Area under Indiana Code § 6-1.1-12.1-7 pursuant to Resolution No. 2015-3 adopted by the EDC on October 5, 2015; and WHEREAS, the Common Council has adopted Ordinance No. on October 26, 2015, designating the Project Site as an Economic Development Target Area for purposes of Indiana Code § 6-1.1-12.1-7; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets • the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. • SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. The Common Council determines to make the three (3) calendar year designation rather than the two (2) calendar year designation due to the size, scope and complexity of the rehabilitation of the property. SECTION VI. The Common Council hereby determines pursuant to Indiana Code 6-1.1- 12.1-17 that the property owner is qualified for and is granted a property tax deduction for a period often (10) years as provided in the following alternate abatement schedule: Real Property Year Abatement 1 100% 2 100% 3 90% 4 85% 5 85% 6 85% 7 85% 8 60% 9 60% 10 60% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code§ 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 1111W11111 Member of the Common Council Sktif] t1 t 2 froada an • r ti-.4 and Cou .c Ettlal r:1 ar). Otte° EtT 0 Z0151 t ED '7"-- NOT APPROVE11. CITY CLERK,bst)L1 4 , DOPTFO., 4 ,\' ,4p!//u%\ 227 W.JEFFERSON BOULEVARD �F /�i SUITE 1400 S. = Sj y PHONE:574/235-9371 SOUTH BEND,IN 46601-1830 -m ;,'�'/� ' a'€ FAX 574/235-9021 Ate'„ 186$ ;, CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR October 20,2015 Council Member Gavin Ferlic,Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building ,South Bend,IN 46601 RE: Tax Abatement Petition for: The Tower at Washington Square,LLC—Residential Dear Council Member Ferlic: Please find the attached information pertaining to the real property tax abatement petition for The Tower at Washington Square,LLC -Residential: ➢ Department of Community Investment's summary report ➢ Copy of the petitions ➢ Statement of Benefits forms ➢ Supporting information. The report contains the Department's findings relative to the above petition. As detailed in the accompanying Tax Abatement Report the petitioner is requesting exceptions to the local ordinance as allowed by State law. A representative from The Tower at Washington Square, LLC will be available to meet with the Committee on Monday, October 26,2015. 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 235-9339. Sincerely, Br?� ?ra Director Economic Resources Filed °` ' ; ffiQre OCT 20 ZO18 CITY CLE€i:c, ,u . . TEND,II PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JRIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEES • TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: The Tower at Washington Square,LLC-Residential DATE: October 20,2015 Attached please find the petition for The Tower at Washington Square LLC (the "Petitioner"), seeking real property tax abatement for the real property within the City of South Bend, Indiana, commonly known as 211 West Washington Street (the "Property"). As part of the increase in scope of rehabilitation,the Property shall be subdivided into four (4) separate tax parcels based upon the designated use of each tax parcel. The designated uses of the parcels shall be (i) a hotel; (ii) parking garage; (iii) retail; and (iv) residential apartments. Upon the subdivision of the Property, the Petitioner expects that each parcel will be owned by a separate entity, each affiliated with the Petitioner. The Petitioner requests that the Common Council now consider the one (1)petition filed herewith. The Petitioner requests that the Common Council consider the petition and adoption of the related declaratory resolution prior to such subdivision.The Petitioner shall provide the Common Council with the key number for the new parcel prior to the Common Council's consideration of a confirming resolution. The Common Council should note the following exceptions to the local ordinance being requested for this petition: • Tower-Residential > Standard designation for an Economic Revitalization Area is two years. Petitioner is requesting this be three years. > Project would qualify for a nine year real property tax abatement. Petitioner is requesting a ten year abatement. > Petitioner is requesting a revised abatement schedule as detailed in the accompanying Designating Resolution The Common Council should also note the following business case considerations for allowing an exception to the local ordinance: • The building is the most prominent building in downtown and requires substantial investment to cure mechanical and structural deficiencies • The proposed use fits in with the overall pan for the downtown • The proposed deal structure requires no public cash investment PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RE SOURCES JILIN KAIN PAMELA C.MEYER CHRIS FIELDING BROOK ZEEB PROJECT SUMMARY FOR THE ONE REQUESTED ABATEMENT ➢ Total project taxes during ten year abatement period—$1,691,280 ➢ Estimated taxes being abated during ten year abatement period—$988,579 ➢ Total taxes to be paid during ten year abatement period—$702,701 EMPLOYMENT IMPACT Per the petition,it is estimated that the total project will: D Create 6 permanent,full-time jobs in the ten year abatement period,representing a new annual payroll of$200,179 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with a previous abatement. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner does not meet the qualifications for a ten year real property tax abatement under section IC. 6-1.1-12.1-4.8 and requests an exception to the local ordinance. {ff pt 1 Filed 1;. Office �-i I OCT 20 2015 I • 8.35.Mi 5 100% 100% 90% 85% 85% Base Taxes - 18 pa 19 19Pa720 85% 60% 60% RF�FTgInla 60% Parking.Gam - Hotel [e 70.038 70,038 50,067 56,047 58,047 58,047 58,067 tax 604,456 Txabatetl•Hotel/�mmerchl - 7,518 11,278 11,278 30 om SBfM> 58,047 604,856 ]3,693 13,693 11,368 11,348 11,278 11,278 30,073 30,073 30,073 Retail/Co 60 103 60 103 65,666 11368 11348 11,348 11,348 142,173 660,046 New Taxes 45 886 45,886 45,886 45,886 45::6 45 18$65 11388 118,173 45366 487 '3 Parking Garage - 1,352,770 Hotel - 1,677 2,516 2,516 2,516 6,708 Befall/COmmetWl - - 22,868 34,302 34,302 34,902 34,302 91 1,476 1,472 34,493 946,775.75 Retail/Col - 703 1,055 1,055 1,055 1,055 28113 91,472 • 91,472 434,490 - 11,337 17.06 2,813 2819 1.946,775.75 17,006 17.006 17006 45,349 45,349 13,359 59,858.43 329 45349 215 409 98637855 695,121 3,137,978 Total Paid 4047,891 Total Abated 3,778,026 Total Taxes 5325917 5,825,917 formula check r0 -------21 CO 4 i N. • Q SV CT ■ 1 ea City of South Bend ,r,t,rrk�,> Petition for Incentives Petition must include a$250 filing fee payable to the City Clerk's Office or online via the City's website at 1~ http://southbendin.gov/government/content/tax-abatement before processing can be complete r""` General Information Project Name Tower-Apartments Project Number Legal name as registered with Secretary of The Tower at Washington Square LLC State Business structure Limited liability company Company website Proposed Project Information Proposed project address 211 West Washington Street Parent company name City,State,Zip South Bend,IN 46601 Legal owner I I he Tower at Washington Square LLC Site acreage or acreage required 0.36 acres Is the real estate owned or Owned !Paced _ Square feet of facility 121,300(Apartment) If leased by whom n/a Primary Contact Information Primary company contact name Liberty Angeliades title Manager Address of company contact 5-44 47th Avenue,3rd Floor Phone 718-786-5555 City,State,Zip Long Island City,NY 11101 Email :hetowera twashingtonsquarellc@gmail.com Senior Official Information Company senior official name Liberty Angeliades Title Address of company contact(if different from Phone same as above above) City,State,Zip Email Consultant Information/Agent . Hired business consultant/agent name Mark Neal Consultant release(Y/N) Address 112 W.Jefferson Blvd,Suite 300 Local economic development partners I a approval(Y/N City,State,Zip South Bend,IN 46601 Email ,,dleyco.c •roject Overview . Brief description of your Private developer purchased building for purpose of redevelopment. The building's age and significant deferred company,project,and why the maintenance issues have made the building obsolescent without a complete modernization of building including property is necessary for mechanicals,HVAC,windows,other internal systems,parking garage and exterior as well as new finishes of all interior economic growth spaces. The building is the most prominent building in downtown South Bend and its location on Main Street make it an important community asset central to the City's continued revitalization. The redevelopment of the building to an updated mixed use project will be a catalyst for additional downtown development. The building-will-provide a new hotel,residential apartments,retail space and a refurbished parking garage(includim Gtarltktgfp�ark use). . I • • 2G Z015 Jot CITY CLER":.. :,'- . , , Eh! Certified Technology Park appropriate No Community Revitalization Enhancement No District Certify that the Building Permit has not been ,, 1'ttjum7lof1 sid _ ui tr,£�e•ted by 1 86 ,issued IV/N) If this is a petition for personal property tax abatement,has the equipment been installed Investment Details Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? n/a No not yet determined not yet determined New Project Investments Calendar Year 2015 2016 2017 2018 2019 2020 2021 2022 Land Acquisition -_------ Building Lease Payments --_---_- Building Purchase Costs New Building Construction -------- Existing Building Improvements <;,DP U.:0 New Machinery&Equipment Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New Software -_-___-- On-site Rail Infrastructure -_-----_ On-site Fiber Infrastructure -_------_ TOTAL Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative#'61 net NEW full time Hourly average wage,w/o Total training Total#to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2015 n/c 2016 2017 2018 6 • 2019 6 2020 6 2021 6 • 2022 6 2023 6 2024 6 2025 6 2026 6 Provide hourly wage information for new employees in the following positions. Part time Laborers 12.00-$15.00 12(I/-20.02 Technical $20.00-$26.00 Managerial $18.00-22.00 Administrative n owl •et ein•ivi•ua responsi.e or coor.Irsatlng wit WorkOneonrecruitin;? n/a Does your company have an EEO hiring policy? \'E'S Are you an EEO employer? :r5 Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year r'et nla n'a three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black _----- Hispanic _----_ Asian Indian ______ Female _----- Other ______ Complete below for Real or Personal Property Tax Abatement only.. - ..._ Please sigri-for all lrequested incentives. Public Benefit Item: Information Is required on both the construction companies and the companies which will provide materials purchased for this project, Qualify Please complete the table below with the appropriate information. If earned Points Available Points you qualify for the points,please enter the full amount of available (yes or No) points: 1 construction RelatedJeontractorsl: A. Employ Local Companies(75%) Y 20 20 B. Purchase Materials from Local Companies(75%) y 20 20 C - Require Employees vs,Independent Contractors y 19 19 _D. Require Prevailing Wage(Davis Bacon) -- 22 E. Require Health Benefits : 22 F. Require Pension Benefits 18 G. Maintain Affirmative Action Plan Y 20 20 ISub-total Construction Related: 79 141 2 Wage'&Benefit Related(Owner): A. Pay Target Wage Levels Y 33 33 _ B. Provide Health Benefits Y 34 34 _ C. Provide Pension Benefits y 29 29 D. Provide Training y 28 28 E. Provide Child Care 15 F. Provide Transportation Assistance 14 G. Provide Employer Assisted Housing program 9 ISub-total Wage&Benefit Related: 124 162 3. - Workforce Related', A. Create New Jobs Y 42 42 8. Retain Existing lobs 41 C. Maintain Affirmative Action Plan y 35 35 D. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: — 77 _ 152 4 Support a Municipal Facility: - Support a SB Municipal Facility(donations to the A zoo,conservatory,museum,etc) 84 Name of Facility. I Sub-total Municipal Facility: 84 Sub-total from Above: 260 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1.1,et seq,,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By:: ��,, � �Date; 09118/15 a What is the current assessed value? Real Property: S2,294283 Personal Property: What is the projected assessed value? Real Property: Personal Property: What is the tax key number for this project? In Be Assigned What is the six digit NAICS code? 531100 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One $58,272 Year Two $64,117 Year Three $100,399 Year Four $63,805 Year Five $63,385 Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. (Y or Nj Points Points Public Benefit Item: • Project Related: A. Redevelop a Site that has Special Needs y9 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 36 Sub-total Project Related: S'S 120 Super Size Projects(point values are cumulative): A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Sub-total Super Size Projects: 210 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 280 539 Total from Staff Section: 0 8,s 461 Total Public Benefit Points: ' 3 1000 -' ICS 2. ar,015 t` CITY CLEN.., I.fEND,IN Supplement to Petition for Incentives Frequently Asked Questions We are frequently asked to explain the following questions,in an effort to clarify we are providing answers below. 1)How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office http://southbendin.gov/government/ Attn:Deputy City Clerk content/tax-abatement 227 West Jefferson Blvd.•Suite 400 S South Bend,Indiana 46601 2)Certified Technology Park appropriate?(Page one,under project overview) In the South Bend area there are only two Certified Technology Parks,Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District?(Page one,under project overview) The map below outlines the CRED area,please check to see if you fall within the boundaries. _ iCREeD District Boundary Grave -. South South I Ford On verp,o r7 w 3 {� Poland € Dunham iv z S Fisher c Tutt 7i.0 Sample Kerr Garet L � / Cm `JJJ ign'iLon Stull `d ,idgez o Broadway m Edward '�, Haney Legend a g t' Indiana =CREED Diulncl Indiana r E ni South Bend Parcels 4) Has any 504 funding been received? (Page one,under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5)Total training expenditure-not cumulative(Page two,under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6)Total number to be trained-not cumulative(Page two,under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document,please contact Sarah H ftaetei ill;the )ffiee Department of Community Investment at 574.235.5842 or email at sheintzeiasouthbendin.gov OCT 202015 CITY c�.6� : :,.• JEND.IN ' ti'-;r' STATEMENT OF BENEFITS 24 PAY 20 ,t REAL ESTATE IMPROVEMENTS — y State Force 51767(R4!2-13) FORM SB-1 I Real Property _- Prescribed by the Department of Local Government Finance _ PRIVACY NOTICE This statement is being completed Tor real property that qualifies under the following Indiana Code(check one box): The cost and any spectre ii 5e deal's O Redevelopment or rehabililaton of real estate improvements(IC b-1.1-12,1-4) salary lnformaLbn Is confidential.,she U ResIdentially distressed area(ICE 1.1-12.1-4.1) balance of the filing 16)aid record per IC 6.1,1-12.1-51(c)and(d). !NSTRUCTiONS. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing If the designating body requires Information from the applicant In making its decision about whether to designate an Economic Revitalization Area. Olhenvise,this statement must be submitted to the designating body BEFORE the redevelopment or rellablldatton of real property for which the person wishes to claim a deduction. "Prefects'planned or committed to after July 1, 1987,and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1.12.1) 2 Approval of the designating body(City Council, Town Board,County Council,etc.)must be obtained prior to Initiation of the redevcopment or rehabilitation,BEFORE a deduction may be approved. 3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May 101n the year in which the addition to assessed valuation Is made or not later than thirty(30)days after the assessment notice is malted to the properly owner it it was mailed after April 10. If Ilia property owner misses the May 10 deadline In the Initial year of occupation,he can apply between March 1 and May 10 of a subsequent year. 4. Property owners whose Statement of Benefits was approved alter June 30, 1991,must attach a Form CF-!/Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-51(b)and IC 6-1,1-12.1-5.30)). 5, The schedules established under iC t>1.1-12.1.4(d)for rehabilitated property apply to any economic rev;tafzetion areas designated after June 30,2000. unless en alternative deduction schedule Is adopted by the designating body(IC 6-1.1-12.1-17). The schedules effective prior to July 1.2000,shaft continue to apply to economic revitalization areas designated before July 1,2000. SECTION 1 TAXPAYERINFORMATION•'=-;'--.,r': E_ ••• • Name of lanpeyer ma Tower at WestUngton Sgu:,-e LLC Address of tax—pa—ye:(number end shoal city slate,and ZIP cote) - 5-44 4715 Avorruc,3rd Floor.lair Ittend City,NY 11101 Name of contact person 1 Telephone number p E mall address Lye fly Angr•ades '(111-/86•5;55 c,etanrz•.ash riplonsouz•e',cg,4rea1 cbtt x��x SECTION 2"'• ___- ` F ".. 'LOCATION AND DESCIiIt?TIONfOFPROPOSEO PROJECTt •'- Neme of designating body Reeclulion number South Send Common Carnal Locates of property County DLGF texirg d•slrict r.umber 211 W.V.'oglon S. S1 Joseph Descnptan 0f real property improvement;.rede.olopmenr.or rensbnitebon(use ad ttorrelaheel's if necrsSary) EsLmated start data(month day,year} 09x291:i, The Ice=6x0 c spa and s: - cent dear-rad mantenence Issues have made the Guild a obscn'et-cent nithnrl n Complete modern'valion L1 bv'EN'nc u: Estimated cOmF4si,dale miel ( a1 inn • 0111/16 3ECTIdN3-^-_ 5"..E;:.'':•:34 ESTIMATE:OFEMPCOYEES'ANDSALARIESASRESULT:ORPROP.OSEO.i?RO3EC7 4 T..•-- Cuaenlnumber Starter Number rele'ncd Sa•arje o 0 16.04•?•-'SECTION 4;=: .:':':`;'...;',--,.5:-.-- --?..-,_FSTIh1ATEO TOTAL COST`ANIiVALUE OF P,ROPOSED',PROJECT- .: - _ -,- REAL ESTATE IMPROVEMENTS — _____. ___,_ - _ COST ASSESSED VALUE• Current values --.- c ,,a 9 c;.2 3 Plus estimated values of proposed project 12597000 Less values of any property being replaced 3 - Net estimated values upon completion of• •'ect t - SECTION 5 - WASTE CONVERTEDANDOTHER•BENEF.ITS.PROMISED:BYTHE.TAXPAYER" -• :: -:• Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds). j Other benefits - - - r •r _ 2 0 1015 L_ SECTION 6' — TAXPAYER CERTIFICATION w t.I, It I I hereby certify that the representations in this statement are true. Signatsre of f•.nzed represenu Tee —�Dale signed(month,say,wed i Il: !.tanabei &'18115 Page 1 012 &U A . -7 --(r ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1205 AND 1151 HICKORY ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Zoning from 0 Office District to SF1 Single Family & Two Family District to allow the properties to remain as Single Family Homes NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 633 & the N. 35' of Lot 632 of McKinley Terrace Sec B be and the same is hereby established as SF1 Single Family/Two Family 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 .L r 1-z5.-$4 and Attest: cr ,_ Coupe,act ti', s City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock , m. Mayor, City of South Bend, Indiana Cited g READING 205 rTczi 3rd READING..._"_. NOT APPROVED L � fit/ vb ,; "DI IN REFERRED CITY PASSED 13C LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CI'T'Y BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571 October 21, 2015 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #47-15 Rezoning: 1151 & 1205 Hickory Road(Cornerstone Homes, LLC) Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition: Ordinance: 1.) Original ordinance proposed zoning to OB Office Buffer District; new ordinance proposes zoning from 0 Office District. A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to contact me at(574) 235-9571. Sincerely, Matthew P. Chappuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W .STIO EEPHCO U NTYINOIAN A.CON/AREA PLAN LAWRENCE P. MAGLIOZZI C EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday,October 21,2015 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Cornerstone Homes to zone from 0 Office District to SF1 Single Family&Two Family District,property located at 1151 and 1205 Hickory Road,City of South Bend-APC#2754-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Cornerstone Homes was legally advertised on Thursday, October 08,2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20,2015 took the following action: Upon a motion by John DeLee,being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Cornerstone Homes to zone from 0 Office District to SFI Single Family&Two Family District, property located at 1151 and 1205 Hickory Road,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Since these homes were never converted into office uses, allowing them to rezone back to a residential district will allow them to continue to be used as residences and be in conformance with the zoning 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. Sincerely, P Lawrence P.Magliozzi Attachment CC: Cornerstone Homes Cheryll J.Boren Zachary Curl Cornerstone Homes C/O Eric Deniger SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W.S TIO 5 E P H CO U N T V I NO I A N A.C OM/AREA PLAN • Staff Report 10/7/2015 APC # 2754-15 Owner: Cornerstone Homes Location: 1151 and 1205 Hickory Road Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The petitioner is requesting a zone change from 0 Office District to SF1 Single Family& Two Family District. Land Uses and Zoning: On site: On site are two existing single family homes. North: To the north are single family homes zoned SF1 Single Family&Two Family District. East: To the east across Hickory Road is a dentist office in the City of Mishawaka. South: To the south is a single family home zoned 0 Office District. West: To the west are single family homes zoned SF I Single Family& Two Family District. District Uses and Development Standards: The SF1 District is established to protect,promote and maintain the development of single family dwellings and two family dwellings as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity,telephone, etc.) is required for development within this district. Site Plan Description: Rezonings and petitions to SF1 Single Family&Two Family District do not require a site plan. Zoning and Land Use History And Trends: In 2009,these homes, along with the house to the immediate south were rezoned from SF1 Single Family&Two Family District to 0 Office District. All three homes have remained in use as single family residences. The west side of Hickory between Catalpa and Corby Boulevard rezoned to 0 Office District between 1989 and 2009. Traffic and Transportation Considerations: Hickory Road has four lanes. Utilities: This site is served by municipal sewer and water. APC # 2754-15 Page 1 of 3 Staff Report 10/7/2015 Agency Comments: County Surveyor recommends approval. City Engineer recommends approval,but makes the following comments: surface water connections to the sanitary sewer should be severed, if applicable; building should connect to municipal utilities, if not already connected; hard surface pavement should be provided for driveways;the existing curb cuts should be utilized for access,with no additional openings; shrubbery at sidewalk should be trimmed to provide sightlines to pedestrians. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Objective H: Policy 2.6: Encourage homeowners to maintain their homes. Land Use Plan: The Future Land Use Map identifies this area as mixed use. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Hickory Road is a commercial corridor with a mix of uses. Hickory Road, between Corby Boulevard and Rexford Drive, has developed predominantly with office-type uses. 3. Most Desirable Use: The most desirable use for this site is one that is compatible with the low-impact mixed- use character of the area. 4. Conservation of Property Values: Due to the nature of single and two family homes,adjacent property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to allow these homes to rezone back to a residential district. Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. APC # 2754-15 Page 2 of 3 • ,Staff Report 10/7/2015 Analysis: Since these homes were never converted into office uses,allowing them to rezone back to a residential district will allow them to continue to be used as residences and be in conformance with the zoning ordinance. APC# 2754-15 Page 3 of 3 i Wit' . 1.a .4•t, CP1j'.'•4,�'r;^�'. •ii -�I '- L' •' .i.=.4.,;....r;-.. .� _ _ ! .-........;;;.•' _� ., ! i.y. (,,MCrrt! �Lty ; 0.,...., ...REZONING . i" i''''u- a r ti '` . - �' i : :, '1` I '` _ t��=: h-:.? s;#2754 15i• ,� 0ei s '.7•rll{ i 77��y I.•c..r, lf+':��. �• tY �:t ■.� . . _ ^•--'� I {; • III " '• .1 ` S 1`'�j'� 1111 ET • 11.I I' t. .f .r 4 ,t1•r , "Al �F r ^ t �. I•.14111411k, •i' }iy '.TP` t /4 •4'.:1!5 , N`�' , ;,":!•'::: .iM1..• }• 7• —''. .. x.,9 I& t;;ii:; ij :ti" 2 T I F!• ..•L' .;• ` .,1.'1,...' `L z"':yam/ , + il ! . ' ......3.• r l , z' i , 5 7Fr z.i 11 i ..•itiil iiiitc _*r •. � .i,♦ . ..r , e b rte: k.sii �r :77,...:—._4--•, -._:s ..s...r•—• ",`•r �;.,_, '�* .^ %•i gyp_ {. f .rr" �i .. .1 — ).<S .._ , • 5 �{ '.• "o1 f R($ r 'n j< i 1 i 1 '•'��'w-. •'. ''r x'�ti'��..1 ;,4., >•� L ..�i �i �I `r o j•�'� _ �t♦ ' +�,�x 1•y a! ''.,,` „'� .4, 4 'I —. F — ;iti� "• BRal�:N' -t +i �k�'�``'* :`. ' lit.. ♦ rcj. t;r - "II ! y�ll'fJ .I t •'-.e1t-v - f.. - - �q fir r ..1 xt�. 111pg •.ice _, yt t�• ,. t r YI; A DA'. z - 11.'{ a, 'r3 _~ ' '� 'y1'Yt � ''� {,� *.••ry. I r L.FP j ,, Y ''y�`�0 ter" ':••; ` ,n j'•Xtil rfwE •Y t� '.?T,i ! Y !t 1 f i 7��,a- 1'.F:'. ••,, 1•ra" ,f l i •!'' __ 3iY r' ° :� darr`.'1 a �Y.T .� :.. :,w i �,,.. ~I r 4 ' ' - , I ! E fa .� � 4. x�.•,.i i Io_ r r Sr 1, r I BERRY Pi ` > h t a I i 4 . z 5„% aA : _ :. 4 , -1.4 � „..,.:,,.:„.... .• / i t • .1: T I - A IC f<f 1" .1 • iYS•F ,. :.1•t' ..• rre,i 1a 1 4 k. ' t •P s. . • 4'itti _�,•:......ii dt r g P 1 - ! _";ap.r• -� +r.. 1 III. i 1 1't[• sir t•+: �: _ �0.:- - :::> ,• "} ;; [ . ..1'..1...,c,,... .� _ t S� 1_ YYytt TTTTT"''''''" 12�a.,l ~! 1.1,. 1: i3, C �r •." _ .• '7.• ..r-4.---.. •• ,.' `�i] a 200 feet rf ..4? • • - ' '� ., i. � 4": 3 •- F � ,I .>; t ! i15r�§t f9 i '� ' f „r ; •.t- f.`•..., . it17:7:...4 . 1 -1, .-..4 •-...4 ' .P�ORTrA& GE.TOWNSH I P wWr 1� .�' Y �� ' �iit3.•: ,Tl'�tl[�Yr \x � -� G�l i _s l S 1.tr.L,i!r:� sr 1 may- • s -.Wee.F• !�•• _ .._ -- ---- - •. _ _ _ .i.r: _ i,,,..•1,14, tats t+-y.F ,'..- .'.nwro♦, .4. � r ' - , �'s u ,� . , = I SF1 '" :.y,• ... t , l �' :E If• • '1,, .r.� =I l� a -xford c.-w°-- ' I 1-1..'- f:s,1 inli 4 NT r,_.., , I , .i.,,,,. ;,..,_...., , . 1 I AI r • ' J_ tj SF1 - ! -,� y1,u�f G4 ALPA � f:- ; 1,r' , 'bat ., _,./.1--.'---,-.- .1 ? 'h'-', y 1 r t SF1 , - - -- • SOUTH BEND- SF1 _�; a y * ,- ' i I f �r,. C f ft.-f . .b c .. c' . 1 s, ?till. - `: 1 :Ire;:,. -- -BROWN x _ 'V sill Ili! hi, ' •t_ i-t I F — r • d 4. r IN r Bit 1 : ' •. _ ,,1,■' ,BERRY- - Oxfol-dfii v .- 1 ;:I; ' 41 •rot". . ! yy ,_ .....r,.. . idle... ....".• . , -,',.-3 Rezoning from: "O" OFFICE DISTRICT to "SF1" SINGLE FAMILY & TWO FAMILY DISTRICT N . mil?', MASTER ZONING KEY 1'. MISH.AWAKA s SOUTH BEND "SF1" SINGLE F.AMv1ILY AND TWO FAMILY DISTRICT 1 inch = 200 feet SOUTH BEND "0"OFFICE DISTRICT APC # 2754-15 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith I)cputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday, October 21,2015 The Honorable Council of the City of South Bend r_ r 4th Floor, County City Building l I South Bend, IN 46601 RE: A proposed ordinance of Eggers Real Estate LLC to zone from SF2 Single Family&Two Family District to LI Light Industrial District and property located at 1619& 1623 Franklin Street,City of South Bend-APC# 2756-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Eggers Real Estate LLC was legally advertised on Thursday, October 08, 2015 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2015 took the following action: Upon a motion by John McNamara, being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Eggers Real Estate LLC to zone from SF2 Single Family&Two Family District to LI Light Industrial District property located at 1619 & 1623 Franklin Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. This rezoning will allow for the appropriate expansion of an industrial property in a mixed use neighborhood. The landscaping will serve as a significant buffer between this site and the adjacent residential uses. 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, 2 Lawrence P. Magliozzi Attachment CC: Eggers Real Estate LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND w W W S T J O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N • Staff Report 10/7/2015 APC# 2756-15 Owner: Eggers Real Estate LLC Location: 1619 & 1623 Franklin Street Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District to LI Light Industrial District and seeking two variances from the development standards. Land Uses and Zoning: On site: On site is an existing single family house. North: To the north is the South Bend Form Tool facility zoned LI Light Industrial District. East: To the east across Franklin Street is a roofing and sheet metal facility zoned GI General Industrial District. South: To the south are vacant lots zoned SF2 Single Family&Two Family District. West: To the west are single family homes zoned SF2 Single Family&Two Family 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 site consists of two narrow residential lots, totaling 0.23 acres. The existing residential structure will be razed to make room for a 2,880 square foot storage warehouse. The petitioner is proposing a 10'setback from the west and south property lines. The west property line,which is separated from the adjacent residential district by an alley,and the south property line will be screened with Type C: Full Screening Landscaping. The building will be accessed from a new concrete drive that will adjoin with the existing parking lot to the north. Zoning and Land Use History And Trends: This site has been zoned SF2 Single Family&Two Family District since 2004. Traffic and Transportation Considerations: Franklin Street has two lanes. APC # 2756-15 Page 1 of 3 Staff Report 10/7/2015 Utilities: The site will continue to be served by municipal sewer and water. Agency Comments: County Surveyor recommends approval. City Engineer recommends approval subject to the final drainage plan. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city; and Policy ED 2.3: Create opportunities for manufacturing companies to locate in the community. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation/Other Plans: The Rum Village Neighborhood Action Plan (1995) identifies this area for small office/service uses. 2. Current Conditions and Character: The area to the north of Indiana Avenue and to the east of Franklin Street have developed as industrial districts. The area to the southwest of the site begins the residential Rum Village Neighborhood. 3. Most Desirable Use: The most desirable use is one that is compatible with the industrial character of the area, while limiting any negative impact to adjacent residential properties. 4. Conservation of Property Values: Due to the full screening landscaping that will be installed to the south and west property lines,surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to allow this existing and prospering industrial area to expand a limited amount into an underutilized residential block. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and 2 variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. APC # 2756-15 Page 2 of 3 Staff Report 10/7/2015 The variances are as follows: 1) from the required 50' side residential bufferyard to 10'; and 2) from the required 50'rear residential bufferyard to 10'. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1)The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The proposed setbacks are consistent with the LI Light Industrial District. This development will remove an abandoned house and a vacant lot from the neighborhood. (2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The value of the adjacent industrial properties will not be affected by the addition on an industrial building. The value of the surrounding residential properties will not be adversely affected due to the substantial screening that will be installed. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The strict application of the residential bufferyard setbacks would not allow this site to develop as any type of industrial use. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of both variances. Analysis: This rezoning will allow for the appropriate expansion of an industrial property in a mixed use neighborhood. The landscaping will serve as a significant buffer between this site and the adjacent residential uses. APC # 2756-15 Page 3 of 3 x0'S. „a ' u r' { ' . v r' /24., .1".; v, l';'!:`, 1-} g<11'.,. ' `fi, FA:. .. w•-• r' Imo-_ i I ''I + i 'r er..1i ` .+y `f�r +'4L ,... t .� ' 1;r-t,--11._ a, ` ,. .r Icy yE I:,r.s' {..c 3h = '+''''':4, � X ti _. � -.. ..ate TA' kw i _ .. .J .. T L 1 -11 r1 -• c r +•ey."` '. e1'`^c ne 4 �. ilk. 8 t, •.rw -v I, ::. . iIf...4.41 .. ,.... Fit?' .. '' . 'i . : , ' '' -.• f^ .rr�:4 t}.r•1: N.'' �l 11 ,E E �s r "',• ...rte _ `. .. • }r 1' . r �m .1 r .:`i.. A I' s ..•- .N✓�yi ,1_ �i� ri • � JS._UTH 6Et•JC �j _�' y �' �: dr� ♦ �r� ;� ' •�� 1 F N ,4 'tif�. iN�> 1 •..I „,,„.._j In 4.1•_ • CC ♦ C a •� _ ,1• / ..1 1? . µn l ” t �h a 2' a- ii • r LS!±•1 ,-.iii r iF1 - '"..,...2.z---..-... .. �. ! ...r . •..,J.,J ..A r r"I .r:- a4 t,' _— Imo •-.. r _�, .,... , 4v { - Z a'' • r, ; 1 j 1: I vg, 1 .c, r [ 1 _iiiii$ I - I " - . . P�RTAG'E�T VIINSHIP .- i ' +_• _ l ;, _ I , a• all MF1- LI 1 , •I il ` to f Indiana r t �; r� ._ i `Z. Sir r+11- .tom y .@ - 1 J 'n i Y , � � ,1hIF1{ , MU A ., r s ,4-.....11 .. ' . ,. . I t ,_..,,, .. i.-2_,.;14,,:-.'-; .4..,T.. .-- F yA 3 .f _,A- , I . .., 4 `;: [-CiUTHH BEND fig- . ,..• EF ' ' I e I � I . SF7 ft }, .'z :1111 k• L , a ; �v, SFZ 10.", ..,, ',': t S GI +t r 'T' T, SF' MIPIIIIIIIIr', 5I ., . , t 'f ' .ti :. lit' s • Iy ;. ■ E iiismirot. 44:topit,. ' i4 • . ..,., of Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "LI" LIGHT INDUSTRIAL DISTRICT MASTER ZONING KEY N SOUTH BEND -SF2- SINGLE FAry1ILY AND TWO FAMILY DISTRICT '• w ;{�-y� E SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MU"MIX ED USE DISTRICT S SOUTH BEND "LI'LIGHT INDUSTRIAL DISTRICT 1 inch = 100 feet SOUTH BEND GI ' GENERAL INDUSTRIAL DISTRICT APC # 2756-15 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1619 FRANKLIN STREET AND 1623 FRANKLIN STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT TO REZONE THE PROPERTY FOR THE EXPANSION OF AN EXISTING INDUSTRIAL USE 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: SOUTH 1/2 OF LOT 36 STULLS 5TH ADDITION AND 33 FT OF THE NORTH SIDE OF LOT 37 STULLS 5TH ADDITION 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 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 Fite Iri C: . Ice 1R READING " PUBLIC HEARN( Js" H t7C 3rd READING cm GLERK,'acaa Ft{:AND,IN NOT APPROVED i1t REFERRED A` Q L PASSED qJC LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 117 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 135-9571 Wednesday, October 21,2015 l-t �^ The Honorable Council'of the City of South Bend t ( l J 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Joseph T. Taylor, Sr.to zone from MU Mixed Use District to LB Local Business District, property located at 1714 and 1716 South Michigan Street,City of South Bend-APC#2757-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Joseph T. Taylor, Sr.was legally advertised on Thursday, October 08,2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20,2015 took the following action: Upon a motion by John DeLee,being seconded by Oliver Davis and unanimously carried,on a proposed ordinance of Joseph T.Taylor, Sr.to zone from MU Mixed Use District to LB Local Business District, property located at 1714 and 1716 South Michigan Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.Allowing this vacant commercial property to rezone to LB Local Business District will provide a greater range of allowable uses,further supporting Michigan Street as an important neighborhood business corridor. 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, P1�3� Lawrence P. Magliozzi Attachment CC: Joseph T. Taylor, Sr. Danch, Hamer&Associates SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND www.STJ OSEPMCOUNTYINO,ANA.COM/AREAPLAry Staff Report 10/7/2015 APC # 2757-15 Owner: Joseph T. Taylor, Sr. Location: 1714 and 1716 South Michigan Street Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District, and seeking one variance from the development standards. Land Uses and Zoning: On site: On site is an existing mixed-use residential and commercial building. North: To the north is a commercial building zoned MU Mixed Use District. East: To the east is a single family home zoned SF2 Single Family & Two Family District. South: To the south is a vacant pool supply store zoned MU Mixed Use District. West: To the west across Michigan Street is a restaurant zoned LB Local Business District. District Uses and Development Standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site Plan Description: This site consists of two lots, totaling 0.36 acres. The existing building, which will remain on site, consists of a retail storefront and a residential-type structure in back. The existing storefront was constructed adjacent to the sidewalk, as is common with many commercial structures along this corridor. The petitioner is showing a newly paved surface lot.New and additional landscaping will be installed between the parking lot and the sidewalk along Michigan Street and along the alley in rear. Access to the site will be from the public east-west alley to the north. The primary customer entrance for the retail portion of the site would be along Michigan Avenue. The second floor is proposed as office space with access from the parking lot. Zoning and Land Use History And Trends: This site has been zoned MU Mixed Use District since 2004. Traffic and Transportation Considerations: Michigan Street has three northbound-only lanes and on-street parking on both sides. APC # 2757-15 Page 1 of 3 Staff Report 10/7/2015 Utilities: This site will continue to be serviced by municipal sewer and water. Agency Comments: ;ounty Surveyor recommends approval. City Engineer recommends approval, subject to approval of a drainage plan and also notes that the alley to the north requires clearance of brush and vegetation, and that the trees along Michigan Street require trimming to provide line-of-sight from the alley to Michigan Street traffic to at least 7' above the sidewalk. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map identifies this area as Mixed Use. Plan Implementation/Other Plans: The Southeast Neighborhood Strategic Action Plan (1995) identifies this area as a commercial corridor. 2. Current Conditions and Character: Main Street and Michigan Street form an arterial commercial corridor that extends from downtown South Bend to Ireland Road. 3. Most Desirable Use: The most desirable use is one that is compatible with the mixed-use nature of the area, while limiting any negative impact on the residential properties to the east. 4. Conservation of Property Values: Due to the nature of the existing commercial properties along this corridor, surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to allow properties along commercial corridors to adapt to better accommodate market demand. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and 1 variance from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variance. APC# 2757-15 Page 2 of 3 ,Staff Report 10/7/2015 The variance is as follows: 1) From the required foundation landscaping to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1) The approval will not be injurious to the public health, safety,morals,and general welfare of the community. The absence of foundation landscaping will be consistent with the rest of the businesses along Michigan Street. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Perimeter landscaping and parking screening are being added, which will enhance the area. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Since the building is built up to the sidewalk,there is not adequate spacing to install landscaping without modifying the existing structure. Recommendation: Based on information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variance. Analysis: Allowing this vacant commercial property to rezone to LB Local Business District will provide a greater range of allowable uses, further supporting Michigan Street as an important neighborhood business corridor. APC# 2757-15 Page 3 of 3 II�C ._�.r.ea �•1• - ` _ ..•tea+.. �� ird13l3 ;;. . � ,; 'R� EO75N1G �_ — �I1 :At- w.'., - "w+ "'27" 5 • e; �•• .. A •_ 1,,m4r.,' Vii. . L 1 -'� 3 - r'- -40;;:....,.,1;i.!.:,, f•y 1 '7 II 11 f.. .I .-i..�-r ._' 1 r ,.- • 'i tti�l •.•'1, -� ii• I. it 'I I 4 (•tiys•.1 ••T A))..i� , ____ . ...-_-• ___••'!... •.1 fi' -:7•-iplorilhil',....:..g,- . -.0 .-..,-, . ..: . - , 0 . J "�d t al •I 1.; :I A` :'6v :Lip `'t ,4. i•' kJ 6 _"ice . f..' . i -;41'.,',.-4-.".r- ' .ray I .1 1 I J.. - ', + , I V.f• 4 SIN ' r ,r� 1I 4 fl, r+les °�._ I s",": , c°Via:';''' — i ' .3• ir g . Du ' -r I- J + . - •s. W ` miiiiir- w Y \ H : 4*$ ` ^ma' y }aR •6: ti r q• -' a f �yy • t ,. if rrardeAttikli .... ',. ......, ,,. ..I. ;.• „., , .;I;73r,j;!J.'•,:s.' ; .'. ..• ''..1:-.z "ge-,.-, r-1,,Sirc,ati THijr.r13 E...r4..D .ii.lik 4, .4...,:i......:::.,J.,. '.. ...,Jr ' fli: *1-: ...""b.::l'i..1...--.4-.''...--.4 .; ''....-r 4. "74.' -'42- . ;''''' 4.1 otoo PI ....... . ., F .111M, " t.,- tAi• I .,t -tea _ r_�A �r� -� _ Y y I l)• rJ If.♦ -"4.e�tT�l'1 i'kj+, .. �� _ •a i.., _0 i ENER—Air :.J. . ,. •._. .;'.,-.'. 4.i. • ;1 4� .r v; ➢+ w t ...• . .. .. .,...... yy t y r.....11` Y _f^.i.�a _,•mow. 3s l P> f•_ 1rr 1. u_c�.��jT '1 . '"( r - - ! _ +: rTlfJ'1 't° I >" r 1 4 _' " { 4 gig. ,. . linfigNIA .-.• _.i.. . . .. ----- - Iv:`....4,i rAt, :-: . - . ! . .; . 1.. er:i 1 7G. {{ •• a ' y[�r - - x. 1Lr R, -i- _ .r�+�► e[k'MRl�' ".r"z*r'-'-'. � - *i _ . r lX'Z „�_ giiw 1 �— iii ,�`' 1 ' 1 '�t+ I� l '_ .i? 91 �r. - v,.i,.11••r. ? aa` , � t inch=. I50�feet, r , ,:� ;#1 • , • .;:y• l � � �- 1....:m-• • 1iI - P_O!R�TAG ` SHIP,' -: . '-' 1 i •i z , 1 ,.,1 s,ii - [ff qtr — v} `.e. 1.4.:;0..,,1:',....5.,:;• at j� �jiil' a•.5 p f , • 4vi . ,, ..iiiiiiiiimw _ ;17--- ---% ' _ I ill • 1 ,Wi tf, rtl K, - I , • F ,,,,..,5-. Dubai' p ,i � ,�., _ _1 _ .IME ,_• l' , y `,-I _ 1 l !' .1Ra 1 Y �+1U t fi , I p Al 111. 1 .i ;, It I TH BEND -'c ri� '�'� `Y SFZ SSF2 f ,� ' :- x' F F. q I - ` F Dayton -7 H1rt0nt. ' r ^t, MU i SF_ SF2. .1. 1 IMIM -r - r • ��-� 'MU SF2 i �; SF2• SF2 r, LI rr I - Ono ___ i' t r I -1 v • liti — IT_ 7U i GB SF?; 4s -SF2 GB i rr .. 1 •n4 r III Rezoning from: "MU" MIXED USE DISTRICT to "LB" LOCAL BUSINESS DISTRICT MASTER ZONING KEY N SOUTH BEND "SF2' SINGLE FAMILY AND TWO FAMILY DISTRICT .:0r• W t a__ r. E SOUTH BEND "MU" MIXED USE DISTRICT --.',t- :: ,. SOUTH BEND "LB'•LOCAL BUSINESS DISTRICT S SOUTH BEND "GB"GENERAL BUSINESS DISTRICT 1 inch = 1500 fee SOUTH BEND "LI' LIGHT INDUSTRIAL DISTRICT APC # 2757-15 5 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1714 AND 1716 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM MU MIXED USE DISTRICT TO LB LOCAL BUSINESS DISTRICT TO ALLOW FOR A LIQUOR STORE AND/OR OTHER PERMITTED LB LOCAL BUSINESS USES. 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: A part of the Southwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana which is described as: Lots # 1 and 2 of the plat of"Dubails' 1st Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office. Containing 0.36 acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as LB Local Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock .m. 2 City Clerk Approved and signed by me on the day of 20 , at o'clock .m. Mayor of the City of South Bend, Indiana Filed in Clerk's Office 1Y READING �-'�� ^D? - 2Q15 PUBLIC HEARING rd READING JOHN NOT APPROVED CITY CLERIC,scum;SEND,IN REFERRED l9rP" t-t((-CY PASSED G LAWRENCE P. MAGLIOZZI EXECUTIVE D ECUTIVE DIREECC TOR Angela M. Smith input) Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday,October 21,2015 //11 Te Honorable Council of the City of South Bend 6-c t L 00 , S-v - ( S-- 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Beacon Health System,Inc.to zone from R: Single Family District(County)to CB Community Business District(City),property located at the west 80.58 feet of 52933 Shellbark Avenue,City of South Bend-APC#2758-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Beacon Health System,Inc. was legally advertised on Thursday, October 08, 2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20, 2015 took the following action: Upon a motion by John DeLee, being seconded by John McNamara and unanimously carried,a proposed ordinance of Beacon Health System, Inc.to zone from R: Single Family District(County)to CB Community Business District(City), property located at the west 80.58 feet of 52933 Shellbark Avenue,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this site to CB Community Business District will allow it to be included in the larger overall development of the medical complex at the northeast corner of Lynnewood and Cleveland. Including this parcel will provide additional area for sufficient retention to make it a viable site and further develop this commercial node. 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. Sincere! , p Lawrence P.Magliozzi Attachment CC: Beacon Health System,Inc. Danch,Hamer&Associates SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W.STJOSEPNCOUNTYINOIANA.COM/AREAPLAN Staff Report 10/7/2015 APC # 2758-15 Owner: Beacon Health System, Inc. Location: the west 80.58 feet of 52933 Shellbark Avenue Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The petitioner is requesting a zone change from R: Single Family District in unincorporated St. Joseph County to CB Community Business District in the City of South Bend. Land Uses and Zoning: On site: On site is vacant land. North: To the north is a single family home zoned It: Single Family District in unincorporated St.Joseph County East: To the east, and on the same parcel, is a single family home zoned R: Single Family District in unincorporated St.Joseph County South: To the south is a development site for a medical complex zoned CB Community Business District in the City of South Bend. West: To the west is a development site for medical complex zoned CB Community Business District in the City of South Bend. District Uses and Development Standards: The CB -Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: This is a 0.17 acre lot designed to be used for stormwater retention for part of a larger development site currently zoned CB Community Business District in the City of South Bend. Type B: Partial screening is required between this property and the residential properties to the north and east. Zoning and Land Use History And Trends: This site will be adjacent and accessory to a site to the southwest which was rezoned to 0 Office District in 1990,then to CB Community Business District in 2008. Traffic and Transportation Considerations: Lynnewood Avenue and Shellbark Street have two lanes. Cleveland Road has four lanes and a raised median. APC# 2758-15 Page 1 of 3 Staff Report 10/7/2015 Utilities: Since the site will be used for retention only, it will not be utilizing any water or sanitary systems. The larger development site will be served by municipal water and sewer. Agency Comments: County Surveyor, County Engineer, and County Health Department recommend approval. City Engineer recommends approval, subject to a final drainage plan. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy PF 7.1.1: Support the provision of services that effectively meet the changing healthcare needs of residents. Land Use Plan: The Future Land Use Map identifies this area as commercial (office&retail). Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The area north of Cleveland Road between Portage Road and Riverside Drive have seen a gradual transition to commercial uses beginning in the late 1980's. Since that time, several properties with access to Cleveland have zoned to various forms of commercial districts. In the immediate proximity of this site,a funeral home and beauty salon have developed. This site will be adjacent and accessory to a site to the southwest which was rezoned to 0 Office District in 1990,then to CB Community Business District in 2008. 3. Most Desirable Use: The most desirable use is one that supports commercial growth while limiting any negative impact on surrounding residential properties. 4. Conservation of Property Values: Due to the low-impact nature of a retention basin, surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible growth and development to allow the adjacent medical complex to utilize this property for a drainage basin. Staff Comments: The staff has no additional comments. APC# 2758-15 Page 2 of 3 Staff Report 10/7/2015 Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: Rezoning this site to CB Community Business District will allow it to be included in the larger overall development of the medical complex at the northeast corner of Lynnewood and Cleveland. Including this parcel will provide additional area for sufficient retention to make it a viable site and further develop this commercial node. APC# 2758-15 Page 3 of 3 - -.7.7 -.1- !4:7;;;%;447S..17.-f.•••FC7-.7;... .. '-1:4'.-;1•.N-kr vt!". ‘• •',' -1 •:' - .1/4 ‘''' .--'''-'1 I 7"--- .'REZONING.) ;.'t.' ;:,:-...-.,,,p,t,, ..4„. ,,... .,.... . :::„:.: ..,..,,,.:,:.,,,.......,....:. 7'. -2`..3'.;•*4..,...4.13•••;, • .t..`..:,...1,,v.. ••.,..., 4.,• ..•. .:;•,....,..;;;,,,:pi: „1.. ..:, .. ......„. , .j T I .::,.....i:!....:x.....,..A14.,....4,;;.,..... . .. .. . . . ;:... .. .:••.....s...:.. ••v•.7,...k...;oi.:,...,.;:,:......,... ,,. ,......6:.0,....,.._,..1,,,..f.:..:1...;rti.,,voactk.„4.,.,1 :„......;4. ..1...... . .--, ..-..... 7 ••••;• .-! .,.:','...14 r'.'-,--'4.'/.-44..x..'.'52-, , A.. :....„;-..;.....0"...ltn.WIli.ligtel,,:itrtm-- . . ' '.;',• •• . • .1..7"; ,,,,'.-.7.:...-:.',..A . '. ••'' "--7.-..!r:■v-.''''..',"•' k...... -'''"•'.1-... .,vtie.,•....a.i.k1 .s. •... ' ...lir111101111*:;:...:IN. 1 :...,......v:.•.„..,,,t..4,,,:„.„7.0..e.ym... , •....... r..y......;.,:,,:._,,..,, -- . ,t,• ,.--n,,;,;.-,•'1...:,.,,•.......,....,:..._. ;.-:..,...,...._,..,,....;..;;.„1..-m..:-.:..........q.s-as.,..s.,..11ze.x.46:-.,,,a.,2,,..1..a......,....ii....±4.__L. ). ....,i;:::,;„..,...'-c:....F.::,1'1.,.. -c!.4-4•;...; , --4:-';'4A. -;.•;;:.,-..-.. ..:1--.7!....-•- 4.4-s1••:•... ......-,...•'.:'-'--•: •-•-:=i•-••.....,..•'-:!..51-;::::7--..,-..ligm. ..,,t; ‘.,,• -'77zw--7: ...74....P'''<". . -•'-'•&=;r-.'`. ..• •.••...,';'. .. •''4'.4.•07.:!`:11?'haitti; .'• •'..4Z.rvir'■••442.Pi.445iirC4'i...r..1..'•••••41-... '••' ..'''''`'',...r..'...-.•'::L'•' .`i.i•41:.;::A!''Igt•Nft- ..`"':1`2' ‘..''' I. L.%flitTe'....* 4r` •j' `'.....1 : . .. j t . vsto...„,•149..„,i.ts.:- • •,`", • „." c""...".'r..„(•••.„.,4!".....4.1 -la, '';.4,,;‘;-:`,...: •...,:.."'i` `" :. ;.` .`.. ;I•,i,.1.'..--:,. :.•.t'`'•' '.:4'-`4" .. -';'' •1 , • . 4 r. ',t.....: • . `.-.'.. •1,..;• .1.‘1 ''.:'; si-**.``.'`.;•4411:1'.....? •-■L "'•4'.1 1..i■•••;.--.■,.:L.11 ."..:,;111...''''.;:,.......-...,ie.''::.;. •.... :••••,1, -• 'Et-go..,.. :.-1,:. ..,-•.:- , .ili.' ritiV. 34•:•,t11,,,,,,',eti.-4..1:-Li.,1K."-,..,,,?, . •j.:t. •■.4.:.•,,,:t.".•.-.7.r....' :.-.',...,7•17..-',.,,•,.•,.. , 4.,I7; •-; -- „.:41,6....,....P.:,_,,,,„i••, i„.,:.:,P,,e,.,..1., .?i? ....,,,,,* .4...;.,:-.J.,..,4;......,..;...... . . -...,-,::::fr4 e..:.-.......,;;.4.g-tt& ,..::irl.t.e.'..."...2, • . -.... -.I. ,._..e. •,ijfi'''..... ,,40,.5.,I.VV•;:.; 17.-....4:14 ,,,f--...-,..... ... :-..-frjoiii2.„' •;-•':,:-..1 r-.0,• - .,-"•/,_o•--..0 . .:1.-.1te• - .-:ii7.-zir.•-;-.-ix-•.,.,".!.. 7,=:. , -..-,, •..' .•...i..:,,,....:;..7,,.7.•:,... ,,,........:„ .,..:...:fc.s.)1:-......:-.5;74.,•,-...tt...;.,•:.,:. -'" ...3".. ti. • ."•• - ... p 4....., ....k- :..s. • •i4 ,,•-,,I., L.,.9.„. 1-4/. •. -,,„ , , ...z..e.,,,,,, •,-. -- . ••,-.,',r 7.-:.7."-'13.1Z-.5' 4,..'1,.-- '6".. I er'.-4 t,...'......'-:.4 ...'' 7.-..;A' • --j•v•-,,;.t...... -A . Ike..'r.,'.....!,t. .1.; ••. -..:4`..'4.414...':.:;'..... ''.,-,/,,..7.•+'--..::::.-.l• •-•.7-1- .,...-'•,If,.:,'.'•,-....'-71-k••-, : . e- ::,-L-A■44,--P.r..-.,iiri-r4 . :.l'""..1!;:c4",.• I'''• :. •-■• 1,1,...,4,5 ..z,;V.1.4... .,•.41 ,..';'-,;i-7f'.'t'!;:••••-'...1.7..;',i'.■;.....5....,.....l.:.:' .."...e.7.44,,..,A1:dZI:•-• .• •:-..,..'[.f.,i,:„..,_-''':'..k. •• :'_,-..i.''..;..A.;:i';‘;..-1,7•",-•"1:1'-..,;41'.:A:'-:-..;-'1••*-'''• ‘.....r.p. ...&'-'.....F7.-:.',:1-1-",".•. '.1.fr,-. 1.) •`•::•'' ••:•■;'.41'. i•."-::•f•.:5 ati c...... .•-:•,y'c,z7:-.5..:.:77';,.'t•ra.i.;.-2,z ,-.'.7i:',..:.- .:;,',..7.--',MI. *Pi 11:/;...1'c.: .'.'.:,...;;'.._:•,••••;!`tkaliVi'&...r: -..:f..-*--_-...1.ki:-, ..,,IR:F.:.W. -W3:-.... .•:....;10.;i0,,or g....,K. .•-,, -t.•:::.,.. -•• •t'•::'-:--ti'e....';'-7:; ti4•''4* , 2,''''.''i.i .,.T(''. 4: ' • :. ,-,. . ',..,.\•;.;:-c '-'F&Lt'X'_,...,,,; . ..--_ - r;6 •• .._':-, .7.44.-:;-•-•,i.tir%. .:., ,4,-. I. 1 '• . .... . ••:- •','lq.•;"ttr4'.!•ttAt4gt,1-..414•":',.Q.4'44•••:',...1.74'.••':•7 ,..444rit;••'4,••,...;, ••••••1'.•-■,,Y,t .-•'.;•::.4,,..f.'.,- „V.I.•,•F:;,,. ,:•,•„-i...'e,, '•tjt •••••• .4 -.'. .,. ..,. • .• .., . , ...; . ..1... 4 • ‘,. .,,...,.,:,..:-.4.,"ni:i.7.:...:?:,'.;.'..:7•7.;,..,: ::-.•%-h ,..,•"FiF ..41,,i?.!.':01-.-1.7:.;::.:';',`.7:-,--• •....:*.v.••Ai,•-.'4.,•,"-•••••A'!•!:j-. ......`N')..e: ''' ••••.-. .i. .''• ...•• .-;-...: 1`1. .:?' ... 7.,...t. •„...7..„:;,."54,,kr.?"; •4,14.A.,,,■:::::;;;'4,-,.•-:.:;•.`.-....:•41-1r..?.:5,,•,{4':.4.,.. '''.' ...:5•••';:-' (..,..:...- .•`._„?......`.....Zt;.:.L.c.1.:.F•4:1•:....2 •-Att.......L.'-:-.. ....- -. •::t.-.. -4 .i. _'4' • 4!,•'...1 :.•!ii• ....Y 4:0"Jatt'It!•-'1=6.'d, •:A.V4';',".;:•••-";"..1• •--.......';•-•-•.'7•:. • l'Fr-',7.7-'.1:7-'''.•• ' 7•„-ji-'4--- 7.;Ve•-,"..W..;:•.- :7; -....•::::Act ,•,:."..a717':W7 ',, *. ' i:, • '`i, . ql'I''''•l'f;.''' .,.;-; .. •... .,....g,.... ..•• .. •,,,, ...• ,. ..,,, ; ,, ., ::. f,- --,,--• • .... ,,,, ..se • .,:,:-.•••;..,...,,,.•-.. ,_ . •-..„........:.....•1. ..,y,-: ..., ,, _ • ,---1.-,.•••„• •1••0. ••- •• .,-iv.- • a • - ,- 4.,•••• .-:, •.. .• ,,. ...::..--•,,,,,-• :3 t. ._.„ ,F0,: • ,:- ,,3i.•• • ,•...!.,-,T-•:.- .',1•.• ...• •• ..- -.. .. - , L. --,• -- .• -- 'f.,11"•••• -•.-.=•iv•s', .'• ' ' -'' -••'' ' "' , . et1.-•% '....',,•:t...4!..;., v:!:.`I't aiFSISI=.• ••.••,-. •-- ----.- ..:.. 4,•;•:.•-•- ;;-----, •;....• '.-.•:. ='-•.;44--;;:ki:!.....,--:,-4;-:;:p!"- •:•"-,..:•xi- •.:.•1". )-'71*,--i,---,-..";'.'..,..-v:;•-7;:":6',:.:7?.', • :'...f.:;-I" ...P. tis ritt 3-' 7•1'4 7',-;•.-Ict'.4.;.:7;;:'itt:'::4:','Z.-4 •"711'..5:',..A4444-:NN.:`:-;'.. • 1`'-t:tin -.-,,vc,..,..•. ' . ' '''..: -.':' ...,,, •'4!..44...!':::':::'''!"- ;.!W 9,.-7'!•`41-.e'Ff4-■!`:-.........•,-7,• .1....s:l4. .i. ...'.: t • ;N:43g... .''''.7 ...• ,,..; .,,tti...,.,$..._,,._, .,..,,,, ,.,,.,. •,..:„.....zirt L. A.,,-,. ...:, ,,.!F,,t,r..,41;.,,k., .. .!-!,;,,,, - ..cf. •';'. ,.•.''-.•'.:::•••":.,..::,:i....";%.*'...E.".., ."... .-".'...iSt- ' - :.,.i.„ k;' I.'. ...1;/7W''... .....',4' -r::_.,-;:-'. :--.,7.-f.f:.•---..-_•.,.•.-, •.,-.,...?_,,., t= .. ...,,..i... ksrfl. .(1 . -_,.1:„._yv.,,,,,•4.4-1-,..,.:. ^9ar cll'.•• :•-:•••: • . 'rte,bA7--1.4ser';'--;r"'""17"---- -.--- ''''''..-"'•i7.:7-"."'. '-'7.'-'.'•7.'- '''`''' ...:1''''''':'''i'5"4 1 . ..-,..!,i.1,} 1,),.....z 44.,,1:7*..:V- • -4`.;.:.j.1-.. .. j •41tr.,),.,":„.. (..7, ,'„:''-%,:?-i■;...i.',i...' .,:, ,..7:'' ; ' ,. .',:.'',,.:A...7,1,7.:`'••••■;•-'' . •-•••,i.,.- I., .• ..,,, .--V., ..., :•••;::..:`-.7:74"-_, •-:-.-_.'t .,., .`a2.1$4:,,, .T1,...V....i,,.$.7 ".. . `. ' •, • 91 -••• . ,.- .,...4,0‘.. -:„.4. .,..•-,;?,..6'..„'.'..-:'-`.: ':`'.. .7 s'.4t'"Cf%!'•. •• -' •L ' "-it,i,i,*;•-4,11,•• 0.././19; 5-• • •....1.7..*0• .. ..:-.•• .'......: .!•!...... ., . : ' .le•'. • •''.,.,.: .!.•!...-: '<3 •. ;;,....i'iti."..,=.;..'-, t .«.11. 't5o,..'• ....:".!;::'3....::.."r..ii,:;.47:t ‘ :i7J47.:;'•.,.,..,t,,•,,...;„, '.a.. •-•..........:.:.......;?•-.1Z-4. •;.':.. .•1' :,..... ':-".---"-?_;;'.."..-:•-• '. -:-...:F„.,: •;"•'. ...'''....-..;,.......;;;;0.714,.....tr4... • .. S.41.,1.," .., .-.1.,..v..-...„;, 1 . • ; . .1.- ..' ^,''''..4" •0 41'.'•i .4470 -- .''..!;41. 71.*.•,,i.. -.•'Z'..`'.."......;To, .;.-,.. • •`. :'•7,..%,::.•.• •.....• .:.„ i..,; •-•.. ' ''•,,,,yti,-. -in • • ,:::Ni....-....I.,:.:f• •• - • "•1.11;. ''''.4.......... .'0'Ot•••• ,-' - . -. ."'' . ." •, . •? .' :it'' C •ar,--It-- ,1. ;•"''')0.1. •'''1•••" ';'-'* . .-.. ,. . •:, . ..-.. -.K.,r4a..s, 75,....;*:.iv,. ,..,:.., :. -• L',.,...., ,,-..r..."0Z . ::•,••• : " : .. .....4.:r.-.1,-, .1ii.i' ......-.i.;;!..;, - - ' - • . ... . -• - --...F%--...... .,„•., •••_.,,''''t•11101::-,-.":77--`--‘•-=,..'".a.i,:•:...4.,„ ...V.... • +1,. r".t...:L '...7 •;.(.::::,'t.." ‘.4t..3........:!..•: '::.,:.z If-Awr• '-,.„.-{$?...fi1/4:::::::."-'-'1-,..::,.,.--..• ,!' X . - r.. • , ......7.-:....::::::7z-, •. • .., • , .;•, P. • I..• .. :',, , *: ,:•4 1.."4.•, -:•-•--- •_0.-tA.e.. - *I-Atie. 'CI .-."•'-' •" el... r% .0 ''' .... '4;:' '' • ' ' -' ' ' •' - ':- - -, ' ,. . •.:,% ..'a :.,S..s u.4,7 ;. . • ...! r, '•• V • 1 aids,.4. : , ,', ....,• . . •, :..,.. • '.':. , e.,•• ;-..-•,,,'""±-2'7., .. •ir. 14. •_0- ;.: . 7.:' 1';',;,6;4:: - •-''' .,,,...(.-,:ii; .,....,,,.. .•-•i•j.5w-41, Sla.:., . '4.' . ....• lir,''.i,X..ji..1: I ...A .„ . ., „;,..-z!. ,...'&'•„i. :. :• _ % ..,,OS.7,- . .,..„....... );_s. • ,..i... .- . - 510?-7.- --.•,---:-.:im'. .i. 4 ..4.f, -fa -lg.., •1 14-4.t,-- 1..--,..„:"-.. - •R.vr.:.t.ttic.7,!':70.7.1.?..:F-Qr:„*.T )..,0 ,v..-:.V.,t's..:-. t•.- . .,..7'-',''.7' •. $e;'.4!.7 ' '....,',7 '- 1 4-....-: 111! ;-0 ix• ,,,,17. -• il• • • 1$ • tf:' •• ' ...^1 • •" V.' '-'' •'A.- ' ".1. .-f,' 't ' '. ' '.''''''' . • ' ' 4 F .yi....,--,,..„4-.. , ... .1 ... ...„. ;4., . 7 '••• A. :If•fi-, i . .:v.•• -,..v.•..yr.,•,',,-.:••■••-,..'",. ..57.,,,,,Le7r. --, . -,. .a. -.' -'' - !••4 .i-4,:,;, •::, •I.:7 ''• 1 .. •''' -€,•.• -Ili 1:7. • • ..••-•,-i •-•;'i. :,-07.•!'...-•L-•-?-c . •L''• ..v,.,.•7.1 - -'''' :,-ttt',...-t-Lits•I, - ,..,...;;,.. .....„,„i...,:„..,•-:.I.... ,..,,,' ....,4 :,...• -:•-1,---. _t, z,....)....: ....-7-1,:-. -..,,,..4..,..:-...!,. ,70. L.ro. -. _t., ..s-.i,..1,I,i7,'6. .1". V •:44,;... ......, ;f .1.1...!le4.970,,, ,F,---..,- . . ,...•..„7„ ,:.. :,..t. ,. „.;......,..;.1,.....„.::•:.:. ..: _., ,:...:4- •t"........,%. •-,.r•. 140:1'.--110 • -,: -,•;., 7..t.'•' i .- . . ... • . - • -, •. - I. ..,),•,.-cF.;%,::.r,:,{,2,t,t..5f, . '';II r...'.%.-.. •7--..,.4.. ,A.4 , .. . •..,..-7 F':'.•1"--•• .• . t-- •'-• ';N. .:,.4,..,c)t. ?.; ....4-_,..) .,...:::,',,'...`•••k "'. • Lic, - ... ..,,.:, •..:-._-'--•.:. ••,,- ..i. , -,-,-.?.••....,:',, ...#•,‘,..7-tz-). • •*.1•N,-.....!....•'1,,riAt:.0, •.-Li•flir-,.;-.---,,--..4- . ......,„ . '• . i. ...„.„-_,4-14,...„,_:. "•• •r•-..--' ,',,s.".-..-•. -,S -0,; -",'::',••••••zi,>gt/4•??-,-J 1014'..4771V•it,1•141.`(.:rti,1- A• ''`.. !I'.4-i..1-'f'''•:4'414:1`.`1 IL . °;".''-'4M•■-.11''''-•:,.vi''':.`'-"''' i'`•"1.2`'"'-`" ".i j4;'. . W. tls,` `;', ‘.•::•:.*:', 'f`F•?,:?..`....„i;. . ,..• t''.:-.1..a.',I•i3J!i...2,,•'. "14i•....-...' .-:•e-"S;'.,,.. .-It'-11-4,-.-...--..t.`-x-.-.,1?-4.'.. -;;;;; .,.......',....-. ., - ..,•:,wm• •••• `-i.-4*-_,, LI,. .4'3" -::•,..- 1- - •• ;'i,,WF:.1 .P4 4,- .7 t..•. .. .'?.;.--f..,..-,, 4.1:,,?::, ..f-EF,7*...7.;pc",",':-.74,7...k, :-.1.,1. 4.71,„, '''„,,e:.74-74,-.,,tkik.,Apg v...9.-.• 7' '-:-..,•;7.1:•.;7'...--=`,.i''''''..-4 41-7.',I:7' 7. - - . ,,,''.4 • ' J•Vl•'54' .4:','-:!...... .''.. •., ....:t.,'-`.ip.L. •.co.,,:‘,1.•-..,...,....4, _,.., h• 1 .-:,,a _7-,.14,--,...,:-, •;...??..11:-.4 ,t...,. -; -•q■-•Cr”."..--.,"-''':0,' .-. -•''•••'`...' ' '•"1..ft.i-'.• "e- ,,,.E :,--• ..-.,.,1. 41, ...,• , ,...,-,.. ..4_,,,,.,..,,,•,.,..,4,4..- ,,••••-•-•i. ..., -,.•;,ilf)-•.s,?.--.-,--••• i. ...III,• ...•••l :=,.--,i,,,•;..-... -:•••••.f 0.• _-• .,-. - - ••,.... A . ....CI .7,.... ,...- ;V:rf•!;:t. ,`, 1 .. .-..`,-;k:',:7,4".--etk ''`• ,.,•"; ....+.-.L.Cf::-r L'.,-,;,,,.• •,. "..'f?.,',':ey'%..'i. . -,.. ., cii: "''''',- .. " ...-.1.1.,...,•'...7,....,,,,t.ig t-,.v. Iiikk,,.-7,;*.,.,.,..4. ....,... ,:,,114,.%,4;‘,4.. 1..,.,4..,- -:„,i.i.d 1:,,ttri,.• ..,, •••-!:..A ". : `-.--`.?.•-.4.1• . • ::;-`.` ' '...`'•4„....... ,. ' ...1 * I .:• '•:`;`:01.',•• - '' ..- ..-4)+M;:.•;::"..•''';':-.:. v.:: ::-•.-'..•- •. ..,.-.L.-----....-'. --2-.-4.,••'. • ..',...47,-'5 P.-7-"'- .1';',r,,-,•i, • !.... .•--•..• ---.- - .1-: •Li.,. •.•'41/4" -''''. -"'"-,=• 47'4 ;.'0...!.,!::.:.:...,!•( :I%...-. .. .- . '...k..a...:',.*?,;.:5:f•-..,:,,,j ....t.,;;....il. • 7::Wl'ir&ri'..,a7T- .f-i,if?-:1:- ''T"'. . `i7.`"...'-et.i,`•:`:,- - .- . ■ -• ' ,..., - • ,...'..,,,7,- .•••••,, : ,..1.4 -,,.0 i,...;.-'01.;. ,. Z.4,4 7•.1- •.:,.4W i.t..■.;.-.: -7 . '.1 ---: ts..!-'-ctLAtt.•. • t.13.--.' !-: ot -g,..-...." ." •-t-'. `5 • •.,-,- . . • ! ,.-'.3 :_7/. '•• -:--..:,,:. . .!..-....*F,.•iiv ..; •;.. - -,..:. . .1 ..., 1;•,- .6•V-,' .... -, •... :•, .. •,.... •' U.--.•.e T..,71't-t.. 7 r 7-4 4,14.x... . .,.,.1. T'Lk-_..17*- ....-7..'L. 7 . ' '''''' .-*--.C:A.:7::-.,-.... ..2-'-.1•-•'-'-,=-.i.--. -..!;;-sk:31N-4'::',,7.•4:....1• ' •-se.:-. 't'•,/,7`. ' '4,-1,b,...'4•N.. - . ' ?-,; ::..i:- •- • \ A -1)i:rr::- Jc' '''• 'r, 7).: :,:_,....-, ,,..., 4:.:„.....--,,-:?....-.,.:-.-e6...:::;„-.-,,.1., . .,:litat..,..?,.:.•..•?,:ct %:-.•• . ...„•; :.!it •-..- .... .... : .... .......1.4..... - _-,,,..• .. , .. . - i:‘,...v,•„,-, .4 • . •k.,,,.;,,:.••• ,.•- .-.i.,,. 0 lettp„ 4 1 .„... _,....„..,..•,......„,,,,,,,,..., . ....:4'./L:,.- - 1..-1,;.__ 73, ,1 ;,...._.,.. . ,••=k,„..,.4-. ..._Li-- ,,,,,,- ....• .,07...4,4 • ,i1,.--;I:.".1-Ls,,....,- . . ., -• -..- .'; ).,;. '.,..f.,'..•••.:.• 4 ..P.,,,„LiAri,r4 Im,,.:;,. .,...4.,:-: .,..t,,• , .-••:•.:12re. ...,..9,51 .,..f.t-i-,....•• •;.,.::••• • . '•••m•••tj.:•...'•••• ' ' . •:. •,1,.. ..., • -+I. . .,,.•,..Att*.:.,1..r,s,... ..:: .,,.,....,...:....,, ,: -r . ,....,-....., .w....r.":4,,,,,w, ,de. ... .• .....1„,...-70,,,„ -. ..--..ki..-..w .. Y.... T,,,.-t,, ,irt-:.,-,.-te. -J,_,„,t••,. ••"I- ;'e.• 7-• .,• ' !IT,.•-.4'74.-. ,;''t'.....7.V.7.1::::,:-.1.7X-,. -•;,•••••• ..! •;."''',4,7. -.'1 1,-,•••.,;•., . . . Y.'-,•.'--7.--•-•.•,•-,:izt•s-.•••,:.';..,.. ti..•7.0;1„.*-Ar..4!011,...,1., . !. •..t.,,...:....,...--,-,.....,..--,.,-/..4,- ..,..1 . .,., 4........1 .4.,..., .• 0,19i0i • :-. . :.•, . , ,:e....,-....T.,.;-....:.. ..-.,-.•:,,.....•.,,.i., •;i:.....)---)4Fie.7..r. - '4- .:..1, - '..--. '-•:•-.;.1,.--!k•.,-;,....,.'1•.1".'...- -•-•-•-•`. .-i.,--:---• ••••'fi.••••• - , -..--..; : .• .. ,....;•-'.• . -.:''...-.,..i.i ..- ..,,,.-::-..,,,,•:- ...• - •,,.--... -:-.:....•----.. •.-: .-..... -..:.1,.?"-...-'1.'-'.4.. •'-..'1..•d - ':fl..• '. .1 ' ••••N;i4...,,••■-••• . ..a.. . .7..4 4...-1.•.n;0 ., 1 . IQ...,.. ...,.., .;...,y... .. .... _ _ • ..„....., . , . ....- L. ii•,. -:..:-_._- :171._,-.:-.dr.?..,--, '-•••.. . t„. __...... ._, . ., . ii• . .. . _ Clava 13 rd - - ,.-• -7.. . -, ..4,...,.','., -0,1e.4_1'. ..i"......-...". ,,.:‘,*:fr---11-1-'14t".!.•,r •,'''..VI • • ••••• '.••' --``-••''• • ,'-' "Ii.•*".?"..-'',„'*.c..0`...;`,"-;7,7,:-'.:,,..::.-,-•...•::"..:"...•:"."T.:::„.4.4.:.•,,,,,-.1,-....4•;,•1 . . Awl:* 11-:•...,0.. •..• ta.A.4;-,•IJI.:(••••••,.'••••4 4,10: -:, it. ....._-..:. ..) -....t.-?. .-•---.---.--.,..'--....irk,---,..-- 4;:t.--- -.. - .--- •-! -' . 4-•.!-'•••••i-- :••• ••••••• . •- ••••••?'---7-TP'-!..5'''f•;rf'7A7.‘1.-•%telk-S4•2"e•.i...'-;1451filMIC,.‘4,1=1'.-is-4.-*'-i...'4":4;-.I'''..-. ......-:-'1 ,....,......./„..7..to,...,„..,.......:...;.,..._.. .-. ••... -, ., ;„,..t.....viii,,„/„b eif - 1,,,-,t,;97,,. • •..,..•.- •,,.--,...i..., -....,---•,.,_;e47-,`1...e.;.'+'.1..--,;es-`;'```..•:.....!-.. •,.-, ..4.'.1.,_•,-..• . . '- 4.'4. .''l'''' -r•-• ' •.-• '•: '`-'.f`r...;•'• 'CA-..Mirgal0.7•••• •;*;{.4,-•."' :..-• • • ---"110.11.3X:ip,7311WW1 ••,-- . '.•.-4.70,-..".-..- -‘,,' ,•7"'' -,.,....-• •;.-•-•••••• 4 ••••••••4;b.--t,--t- •- - .,;7.- •,-.14•• •••.. 4:,-• .:.•'• ' ?•4•-!•,,•17-•-• -7"','-::•••:t-.• • _..,'■••'-;•"'"'' -• • • ''' • .%) ••01,1' • . ... . '• " .::• .,.,.. .,..at gig.:vt.:--,..,-.;•;.:',3•::::-7,gri,'At...,x.k...-•,:: 4; --. -:.:" '• „.L...i,.4 .......,?.. .: -.:•: . '" 1.':. -"'''..:: ' ' : .14,;:•:.....-7.47 • 4-. ,- i SOUTH BEND i:.,..'.: M.174, '...0'..,.....:,;.......1.' R-7.,-•,r--- , •:•..m.,F.- .. -.-...e. ,-......4-'t, tt•"0. - -••• . ..__ M1111111111.11.10.11111.1.01.1111.1111111111111k-..:____. _ - - - -.• • •- .,•._:•-•-,.. ',.;.. '.ri•.1::.•-•.....,•-•-•.;,.. ;•,..5.-•••syteetp.-4*...--Tf... ..;';''. -`94:41.5tt .••■■•'..r.-^i0,•-•■W '•'. •.:-...• .• . J '..:1,.•-•''A..... •'.. •• -'N.'• A.......4....j j4.••::7,..-••'.'+•••.'••••'•'''...'••.'61*'' --, ,...........-4-7.-__-_• -Pcgarcaaracsaummailug 1.5,3 '•"'"-- - ' - '-:IA• ------'` '•-". •"'.77--- •.`1...21/44-.4`4t-•."- .$ 36, .-.!. -'.tic-•'••+'.W.•••■=-,?:A•vt..■-':•?.• .;.„,"f:-. '..'.-.1 S.• e I.Z7114, 'IN,.4..,,-- :••'.:''.:.i,.-;..:'...-.••1:1•7'.•10-,i, i;.:.)Vii14,•r.e... t..r. ,. .-L.,.......... .„.,,,,„ ... "."'"fi:-.V.:'.- - .4. ..at:`11.:'.0.4.4°P.,..;`'.=-.V.r14‘', 1 ., •-•i'•4.••••.°1-`47".".4. 06.■‘3':•"':-*;•:,,,,...itl` ..i,c3._..,.:i;.:.,...,.....1....,..:...::::7,,t.,a,.i:,..i45442e.s.0.}..r....:.../ to.,..t.;.,.,77...I....,7. ,....;4.....,:,..t.i.z..:.:.....-......di....;‘......,... ;;;L,'•.lil:'••4,,,....;,:....xi:1H':-*.,i,ce'l;;;2:a4:-...:...'......:4'...4.;', .i.'. 7::::4'.;:.,74:..:191: -*. :::_':', 1 10;• .7. . .-'.'5'1.z.---... • 11....0".,,c-';',,; • - - - -- :-. .•2- -...7•- •' . • . - ' , : •""-... . •'..,•7 -,..,---.-.-,.....-,==••••••••.Vple•.,,i.` :::f.... - ,. • . . -,,..t .;-,,,.......14,,..,•-,- ....;--,---- - - _ .. •-..7 -- '..,..- ,... • .• .'- -. ' • .. • . '- VriatiljZS;U; + - - •-.!,., I. ::'1'''r .-. '-",44"''.1'-'7'-';',-7,:-7:- :.-.---- :- -. ._--•i,iiiti' bt-f- 20.0 f6 et• -. . ...:.•..•--..•••'• :.... .-- • - • ••••• '-:•••.-•.• ,.'.:L.• '-iNk'.• •/- .E.' '-, ;"'...'":1'.', .1•`:.i'--'-:';',77...-7 .-'••=: :•'''''?.-;:-!..:'''.--'..'"- • . --- '''.71*f' '1,501iTir4L.71.0e ,I,Vtylnirp.....:4::::,,,;:"- .'• •... .7c.;"• - •', ... ' -;:; '• '•-•''.• '' '. .7:-.7.7-•-•-•'---....---.. :' -•'dER'..MA„ 'N. ',TOWNSHIP:, ...-:•...:.:...--. .-...,...',-+-•••41,-,E ; •• ,s; • . - .. -,,,.....„ -•,.. . '.1 1 -•.,.- : -._..,. :-...._•• .• • •• ,F tP 4 M ® ' ,,fiye 1 r r iy.. r.. ice r`� •, I _ t F: Y• ..j �> �_ -— ` ' R • { -,' it C• r ,. CB _ a t • B OB - • K1 r 5 . SOUTH BEND Cleveland --— k ). ._T x ! 4 Uw--� o.d 1-i v .sz5. .ya • �*' aff A.wk ►er{rs: + s 'i6:1?-3'!"!':.'j..7'. s � .. ..d' ., z4 ,-0i - i "„ en ,'F e4 'Y e es. -.6 y L ?..,-,17F- .a b ..k ` i ..?.,. L.7 � ' >r `y ' 'r St `n �' . •S' 4,f _K — _.•,tr , - 4 ;z 7d4 ,—.� .'••- jE i '"0. 1 ! t 0 � � 54 i ` • r•r..� '.'.,'-'k;+=L�.t .. ._ _ ;'gip •. *` . 'c ;,- •Ss'�1 s �. y#�tT . i,�� g �; ar s _7i''a �',WiR A ti ;J�7-. ._ Hc a i.'� F � . ti,, Cr t r r 1 .l�' -� r ii. y . '. ..”. . . ,h. _ . , s „t? .,s.•:":,y.i ii-- : ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT# 1, FOR THE WEST PORTION OF 52933 SHELLBARK AVENUE, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and zoning of 0.17 acres more or less located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: The West 80.58 feet more or less of Lot fi 89 as shown,on the Proposed Plat of Lilac Acres Subdivision and being part of Tax Key No. 04-1050-1221 as shown in the Records of the St. Joseph County, Indiana Auditor's Office. Containing 0.17 acres more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. 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 above described real estate, with the exception of all adjacent right-of-ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB Community Business District, provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. 2 SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication MEMBER OF THE COMMON COUNCIL Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock .m. Mayor, City of South Bend, Indiana Filed in CIArk's Office 1! READING ct- I `c—LJ � PUBLIC HEARING 3rd READING NOT APPROVED ,CiTV Ca, 'i F#ygpap IN p REFERRED `P-cl_lY-t . •`• — PASSED co!os\r‘tstht-- Gtv\ toLk-0 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday, October 21,2015 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 Area Plan Commission on behalf of the Common Council of the City of South Bend, Indiana, repealing Chapter 21,Article 6, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District of the South Bend Municipal Code, and replacing it with a new chapter 21, Article 6, Section 21-06.03 entitled Northeast Neighborhood Zoning Overlay District-APC#2732-15. Dear Council Members: I hereby Certify that the above referenced ordinance of the Area Plan Commission on behalf of the Common Council of the City of South Bend was legally advertised on Thursday, October 08, 2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20, 2015 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried,the Ordinance initiated by the Area Plan Commission on behalf of the Common Council of the City of South Bend, Indiana, repealing Chapter 21, Article 6, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District of the South Bend Municipal Code,and replacing it with a new chapter 21, Article 6, Section 21-06.03 entitled Northeast Neighborhood Zoning Overlay District, is sent to the Common Council with a FAVORABLE recommendation,AS AMENDED. The new Section 21-06.03 re-defines the boundary for what used to be called the Northeast Neighborhood Development Area which no longer exists,and it revises and updates definitions and development standards applying the development experiences that have occurred to date. 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 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. Sincerelf, Lawrence P. Magliozzi Attachment SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STIOSEPHCOUNTVINOIANA.CO M/AREAPLAN Staff Report 10/1/2015 APC # 2732-15 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The requested action is to replace Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District with a new Section 21-06.03 Northeast Neighborhood Zoning Overlay District. Staff Comments: The staff has initiated this ordinance based on discussions with the NNRO and the Building Department,where certain terms and development standards have caused conflicts in interpretation of several design standards, and where certain standards may be a practical barrier to construction projects. A number of definitions have been either added or revised, and design standards terminology added and clarified for better understanding and enforcement. In addition, the recent expansion of the NNDA boundary into the new River East Development Area,technically dissolved the former NNDA boundary and its designation as a Development Area. This text amendment re-establishes the zoning overlay district as a separate and distinct overlay area from the River East Development Area. Recommendation: Based on information available prior to the public hearing,the staff recommends that the text amendment be sent to the Common Council with a favorable recommendation. Analysis: The new Section 2.1-06.03 re-defines the boundary for what used to be called the Northeast Neighborhood Development Area,which no longer exists,and revises and updates definitions and development standards applying the development experiences that have occurred to date. UNIVERSITY OF NOTRE DAME Northeast Neighborhood 415 Main Building,Notre Dame,IN 46556 Redevelopment Phone(574) 631-9979 Fax (574)631-4097 October 15,2015 Area Plan Commission of St.Joseph County,Indiana 1 140 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 Re: Support for APC#2732-15/Northeast Neighborhood Zoning Overlay District To the Members of the Area Plan Commission: I'm writing to express the support of the University of Notre Dame for APC#2732-15,which repeals the Northeast Neighborhood Development Area("NNDA") Overlay Zoning District and replaces it with an updated and revised version entitled the Northeast Neighborhood Zoning Overlay("NNZO")District. Replacing the NNDA with the NNZO accomplishes two basic goals: I. It restores the overlay district,which was technically dissolved when the City's TIF area boundaries were redrawn;and 2. It updates and corrects a number of features of the original NNDA.It is to this second issue that we wish to speak. The original NNDA was sponsored by the Northeast Neighborhood Revitalization Organization ("NNRO") in collaboration with APC staff,neighborhood residents,and local developers.It was intended to enhance and perpetuate the redevelopment momentum in the Northeast Neighborhood created by Eddy Street Commons, the Notre Dame Avenue Housing Program, The Triangle, and the many affordable housing projects sponsored by the NNRO/South Bend Heritage Foundation. The goal was to establish standards for new development(the requirements do not apply to existing structures)consistent with what was already happening in the neighborhood high-quality, traditional design coupled with strong functionality.It was also designed to provide guidance on issues left unaddressed by existing zoning. As part of the team that drafted the original NNDA, I can say without hesitation that experience has revealed a number of areas in which the original text needed to be clarified and even corrected. It is difficult, if not impossible, for any group to create a zoning document that perfectly anticipates every need and situation,and this group proved no different. We identified over time numerous issues that we felt needed revision,and the redrawing of the TIF boundaries—which technically voided the NNDA— gave us the perfect opportunity and reason to do so. FILED OCT 16 2015 AREA PI AN COMMISSION ..:.'._2732-IC A careful reading of the red-lined changes reveals that the revised NNZO is simply a refinement of the NNDA, not a dramatic change in direction. The team that redrafted the document did so carefully and with the input of City/County staff, so that we could "batch process" the needed changes rather than address them individually.We think that the resulting document before you accomplishes this goal. We ask that you send the Northeast Neighborhood Zoning Overlay District to the Common Council with a favorable recommendation. Thank you for your consideration. Sincerely, Gregory .Hakanen Director,Northeast Neighborhood Redevelopment FILED OCT 162015 AREA Pt AN COMMISSION ,w 502,23 2 s-- Ordinance No. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,REPEALING CHAPTER 21,ARTICLE 6, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT OF THE SOUTH BEND MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 21,ARTICLE 6, SECTION 21-06.03 ENTITLED NORTHEAST NEIGHBORHOOD ZONING OVERLAY DISTRICT. 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. A subsequent amendment in 2011 established the Northeast Neighborhood Development Area (NNDA) Overlay Zoning District. On November 10, 2014 the Redevelopment Commission adopted Resolution#3255 modifying and confirming a declaratory resolution and amendment to the Development Plan for the Northeast Neighborhood Development Area. Resolution#3255 expanded the NNDA by incorporating adjacent Development Areas, creating the River East Development Area. Section 21-06.03 was only intended to address the original boundaries of the NNDA. In addition, practical applications in the construction of new homes in the NNDA on existing and replated lots has required the need to clarify and update a number of development standards and definitions so as to meet current terminology and lessen confusion. 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 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District is hereby repealed in its entirety and replaced with a new Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Overlay Zoning District, as follows: Sec. 21-06.03 Northeast Neighborhood Overlay Zoning District Notwithstanding any provision elsewhere in the South Bend Zoning Ordinance ("hereafter referred to as "SBZO") to the contrary, all new development within the Northeast Neighborhood Zoning Overlay District("hereafter referred to as "NNZO") shall be subject to the following regulations. In the case of conflict between the provisions of this NNZO and other provisions of the SBZO,the provisions of this NNZO shall control. (a) Intent. It is the intent of this NNZO to codify a number of the recommendations of the Northeast Neighborhood Design Guidelines (Edition—Revised: August 2009) which are most relevant and applicable to new development in the NNZO. By codifying a number of the recommendations of the Northeast Neighborhood Design Guidelines, the NNZO accomplishes the following purposes: (1) To establish a comprehensive design approach for the NNZO; (2) To encourage high-quality design of future buildings and site development that preserves and enhances the character of a traditional neighborhood; (3) To create a strong, unique neighborhood identity image; (4) To provide a range of design options to address future development opportunities; and, (5) To instill and enforce the sense of"pride of place" among residents,businesses, and property owners. (b) Applicability (1) New Development—The regulations contained in this NNZO shall be applicable to all new construction on real property located within the area designated as the Northeast Neighborhood Zoning Overlay District on the Zoning District Map for the City of South Bend. In order to assure the compatibility of new development within the NNZO area with that of the surrounding community, any new building, structure or sign within the NNZO after the effective date of the NNZO shall be subject to the regulations contained in this NNZO. Renovations or expansions of existing buildings, structures, or signs are not subject to the regulations of this NNZO but shall be subject to all applicable regulations of the underlying zoning district. (2) Land Use—The land use permitted on any individual lot with this NNZO shall be determined by the underlying zoning district. (3) Development Standards—The determination of which of the development standards and regulations of this NNZO shall be applicable to a particular lot, project or development shall be determined by the proposed use of the real property, not by the underlying zoning district. (4) Special Exception Uses—For those uses which must be reviewed by the Board of Zoning Appeals and approved by the Common Council through a Special Exception Use in accordance with the underlying zoning, the applicable regulations of this NNZO shall be determined by the Board of Zoning Appeals and the Common Council as part of their determination of the appropriateness of the use. (5) Planned Unit Development—As part of an application for a Planned Unit Development, the applicant may propose alternative development standards that do not adhere to the standards of the NNZO. If approved by the Common Council, these alternative development standards will control the development of the site. In the event that no alternative development standards are proposed, then the standards contained within this NNZO will govern. (c) Definitions. In addition to the definitions contained in Article 11, Section 21-11 Definitions, the following definitions apply in this NNZO. (1) American Foursquare Style—An American house style popular in the mid-1890s to the late 1930s that incorporates elements of the Prairie and Craftsman styles. Hallmarks of the style include a basically square,boxy shape, two-and-one-half stories high, large front porch, and commonly a hipped roof, as referenced by the accompanying graphic. �� ltrLIi (2) Arcade—A line of arches supported by columns or piers attached to a solid wall creating a passageway(i.e. Covered access to adjacent shops). (3) Architectural Style—Classification used to characterize the wide variety/range of features, such as appearance, form, and materials that make a building or other structure notable and historically identifiable (e.g. Some of the more identifiable architectural styles of the Northeast Neighborhood include American Foursquare, Colonial Revival, Craftsman, Prairie, and Tudor). (4) Articulation- The relationship of contacting surfaces to create a series of plane changes in order to avoid a flat appearance. (5) Atrium -An opening connecting two or more stories other than enclosed stairways, elevators, hoistways, escalators,plumbing, electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. (6) Bay- One unit of a building that consists of regularly repeated spatial elements making a vertical division in a structure, commonly defined by the number of window and door openings per floor or by the space between columns and/or piers. (7) Belt Course- A narrow, horizontal band projecting from the exterior walls of a building,usually defining the interior floor levels. (8) Brace-A diagonal stabilizing member of a building frame. (9) Bracket -A support element under eaves, shelves or other overhangs; often more decorative than functional. (10) Building Mass—The relationship between height, width and depth of a building or structure(e.g. House massing may consist of a Primary House Form, front Porch/Portico or Entry Form, Secondary Additive Form and a Garage), as referenced by the accompanying graphic. II - Al �I = 11 GARAGE '--^ FORM SECONDARY PRIMARY ADDITIVE FORM PORCH OR HOUSE FORM ENTRY FORM (1 I) Building Scale- The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings. (12) Cantilever-A projecting beam or part of a structure fixed at one end,projecting beyond its vertical support. (13) Casement Window- A window with sash hung vertically and swinging inward or outward. (14) Colonial Revival Style—A nationalistic design movement in the United States in the late 19th century—mid 20th century that sought to revive elements and features of architectural style borrowed from earlier British colonial period houses of the early 19th century. Identifying features include a façade with normally symmetrically balanced windows and accentuated front door, often centered as referenced by the accompanying graphic. Ili rel N tr= in fa al (15) Cornice- Projecting ornamental molding along the top of a building or wall. (16) Craftsman Style -A style derived from the British Arts&Crafts movement from the late 19'h century. It originated in southern California and was the dominant style for smaller houses (e.g. Bungalow) built throughout the United States until the early 1920s, as referenced by the accompanying graphic. !'\ � �u '.II. I / �� 1Jii _ —ti \ i�II� f v ingIIf -NI � -- _ y h f l yiiL 1, ri, 1 I 4;4 IHH I •I I I L I t ptitaili i Ff t - r mina in (17) Cupola- A dome shaped roof on a circular base, often set on the ridge of a roof. (18) Decorative Fence—A fence made of metal or wood with open areas representing not less than 70%of the fence area. Chain link,barbed wire or similar style fences shall not be considered decorative. (19) Decorative Exterior Wall—A wall made of stone, brick, split-face concrete block, or other decorative unit masonry material. Plain concrete block shall not be considered decorative. (20) Dormer-A vertically set window on a sloping roof; the roofed structure housing such a window. (21) Eaves - The projecting overhang at the lower edge of a roof. (22) Egress -An exit. (23) Facade—External face of a building. (24) Flat Roof-A roof that has no perceptible pitch or slope. (25) Fenestration- The arrangement, proportioning and design of windows and doors in an exterior wall of a building. (26) Gable- A triangular exterior wall segment immediately under a double pitched roof(e.g. gabled roof), as referenced by the accompanying graphic. (27) Gambrel Roof- A symmetrical ridged roof with two slopes on each side,the upper slope is at a shallow angle and the lower slope the steeper pitch, as referenced by the accompanying graphic. Ncoo (28) Hipped Roof-A roof with four uniformly pitched sides, without gables, as referenced by the accompanying graphic. '40 (29) Ingress - An access or entry point. (30) Lintels -A beam supporting the weight above a door or window opening. (31) Mansard Roof-A roof that has two slopes on all four sides,the lower slope being much steeper, as referenced by the accompanying graphic. (32) Masonry- Wall construction of cut, shaped or molded units such as stone,brick, concrete, adobe, etc. (33) Modem Style—An overarching architectural movement that gained global popularity at the turn of the 201h century that was primarily driven by technological and engineering developments. Common characteristics include simplicity and clarity of forms and elimination of"unnecessary detail",materials at 90 degrees to each other, visual expression of structure, use of industrially- produced materials and a visual emphasis on horizontal and vertical lines, as referenced by the accompanying graphic. y t'I m 1=iii= 0 0 I JLi._ ..!I (34) Molding- A type of trim that is applied to a vertical surface. (35) Mullion -A vertical member separating, and often supporting,windows, doors or panels set in a series. (36) Parapet-A low, solid,protective wall or railing along the edge of a roof or balcony. (37) Pavers -Preformed paving blocks that are installed on the ground to form patterns while at the same time facilitate pedestrian and vehicular travel. (38) Plaza- An open space that may be improved and landscaped, usually surrounded by streets and buildings. (39) Porch—Roofed structure attached to the front, side or back exterior of the building, used to shelter at a building entrance and occupy(e.g. Seasonal living space), as referenced by the accompanying graphic. III 11_ I 1 �I'II 111 ! (40) Portico -Roofed porch-like structure, often open along the front side,but may be enclosed and connected to the Primary Building Frontage at the primary building entrance, often supported by columns;used to shelter at an entrance and is not occupied (e.g. Covered passage), as referenced by the accompanying graphic. II ig pi P In[9 _-1 I" - p p i Itl DI I i1 i J ' , W. (41) Primary Building Frontage—The side of a building facing the primary street located on side-by-side lots, corner lots and double frontage lots,which contains the primary building entrance. (42) Prairie Style—An American house style of the late 19th and early 20th century that is usually marked by horizontal lines, hipped roofs with widely overhanging eaves, windows grouped in horizontal band, with design aesthetics of the British Arts and Crafts movement(e.g. Architect Frank Lloyd Wright, a proponent of the style, emphasized the horizontal lines responding to the flatness of the Midwestern prairie), as referenced by the accompanying graphic. i1 i r p �] fp p� -HHE3B�' -- i i �� HIM 118LJ�f " j---- I B C ii 1 (43) Primary House Form - The largest mass of a house(e.g. Secondary House Form is a smaller mass and subordinate to it). See"Building Mass"definition. (44) Secondary House Form - The smaller mass of a house that is subordinate to the Primary House Form (e.g. largest mass). See "Building Mass"definition. (45) Secondary Building Frontage—The side of a building on a corner lot facing the secondary street,which does not contain the primary building entrance. (46) Setback - The horizontal distance measured between a building wall and its property lot lines (e.g. Front yard, rear yard and side yard). (47) Sill -The lowest horizontal member at the inner structure of a wood-framed wall, normally resting on and anchored to a foundation wall. (48) Spindle-A turned wooden element, often used in screens, stair railings and porch trim. (49) Steeply-sloped - Having a pitch of 10/12 or greater for a minimum horizontal distance of thirty-six inches (36"). (50) Street: Primary—The street on which the parcel's front lot line abuts and address is platted. (51) Street: Secondary—The street that intersects with the Primary Street on which the parcel's side lot line abuts (e.g. Corner lot). (52) Streetwall - The continuation of building facades along a Primary Street. (53) Step back -An architectural element in which the upper stories of a tall building are stepped back from the lower stories. (54) Transom - A crosspiece separating a doorway from a window or fanlight above it. . (55) Tudor Style-A transitional style of English architecture that was prominent from 1890 to 1940 in America. Homes were built using late Medieval and early Renaissance styles characterized by steep cross-gabled roofs, often punctuated by small dormers, tall, narrow, casement windows in multiple groups, half-timbering, and massive decorative chimneys, as referenced by the accompanying graphic. a 1 'ITT I ri `l 1`1 ,ijJF \ I / " ., ,_ tam " , i__ RUI Bing 1 I J (56) Turret-A small, slender tower usually at the corner of a building,often containing a circular stair. (57) Uplight-A decorative light fixture used to accent architectural elements or landscaping. (58) Vault-An arched ceiling of masonry. (59) Veranda-A roofed open gallery or porch. (d) Single Family and Two-Family Residential All new single family and two-family residential construction shall comply with the following regulations: (1) Single Family and Two-Family Residential Building Massing (A) Angular or curved building massing is prohibited. (B) Building heights shall not be less than one(1) story or fifteen feet(15') and shall not exceed two-and-a-half(2 ''/2) stories or thirty-five feet(35'). (C) Front entry door(s) shall be located on the Primary Building Frontage and shall face the Primary Street. (D) A Front Porch or Portico is required and shall be attached to the Primary Building Frontage. A Porch shall have a minimum depth of six feet (6') and cover a minimum of fifty percent (50%)of the Primary House Form. A Portico shall have a minimum depth of four feet(4') and cover a minimum of thirty percent (30%) of the Primary House Form, as referenced in the accompanying graphic. ! I ; J _ JL rg• tr® I 1111 �jool T ;�_ DEII_ __r An r oo Iil J.- --250% 230% - PORCH PORTICO (2) Single Family and Two-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard,mock mansard, flat and barrel roofs are prohibited. Flat roof forms may only be used on the house's Entry Form(e.g. Porch or Portico) and Secondary Additive Form. (C) Eaves shall have a maximum overhang of three feet(3'). (3) Single Family and Two-Family Residential Building Design and Materials (A) Façades (i) Buildings shall have identifiable architectural styles that incorporate elements and details that remain consistent with that style. (ii) Unarticulated, Modern Style building façades are prohibited. (iii) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (iv) Building designs that orient front doors so that they are not visible from the primary street are prohibited. (v) The Primary Building Form's front facade's porch/portico, entry door, windows, roof shape and building massing, shall be the dominant character defining elements of the architectural style. (B) Fenestration (x) Buildings shall provide fenestration on facades facing primary and secondary streets. Exposed, blank walls are prohibited. (xi) Door and window shapes shall be primarily rectangular(oriented vertically), or square. Horizontally oriented windows with vertical divisions may be used when consistent with the house's architectural style and character. (xii) Round, hexagon, and octagonal shaped windows shall only be allowed as accents. (xiii) The front door entrance on the front facade of the house shall define, and remain consistent with, the building's architectural style and character. (xiv) Doors and windows shall be made of painted metal, wood, fiberglass or vinyl. Dark or reflective glass is prohibited. (xv) Mill finish (non-colored) aluminum door and window frames are prohibited. (xvi) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood,metal, fiberglass or vinyl. (xvii) Solid metal security gates,metal roll-down windows, and link/grill security devices are prohibited in all residential windows and doorways. (C) Materials (i) "Jumbo," or other commercial-grade/scale products such as bricks, cinder/concrete block, unfinished metal,plywood, unfinished pre- cast or poured-in-place concrete are prohibited on any residential building facades. (ii) Roofs, if sloped, shall be clad in cedar wood shake, fiberglass, asphalt shingles,prefinished metal shingles,prefinished metal standing seam, or slate. Prefinished metal standing seam roofing shall only be permitted for accent roofing above window projections and open-air porches/porticos. (iii) When used, asphalt or fiberglass shingles with a"shadow line" effect are encouraged, as long as they meet or exceed local building codes. (D) Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10% of the facade area. All colors shall complement the architectural style and character of the house and the surrounding neighborhood. (E) Projections (i) Residential entrances shall be visible from the primary street, easily accessible, and well-lit. Architectural elements such as porches,porticos, and canopies are required to identify residential entrances and maintain the existing neighborhood's architectural character. (ii) The floors of front porches shall be raised between twenty-four and forty-eight inches (24"-48") above finished grade and be designed so as to allow access to the public sidewalk at the front lot line. (iii) A front entry porch shall have a minimum depth of six feet (6');A front entry portico shall have a minimum depth of four feet(4'). (iv) Porch/Portico handrails and guardrails of perforated metal, stainless steel cables, or unfinished metal mesh are prohibited. (v) Open porch/portico bases are prohibited. Porch/portico bases shall be continuously skirted with a painted wood lattice panel, masonry, or similar material to the primary building. (F) Lighting (i) Floodlights and uplights with bulbs greater than 100 watts on residential building facades are prohibited. Motion-sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent, fluorescent, LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Mechanical Equipment and Utilities (i) Exposed mechanical equipment along primary and secondary street frontages is prohibited. (ii) Window-mounted air conditioning units placed facing primary or secondary street frontages are prohibited. (iii) Satellite television dishes shall be located according to the provisions of the SBZO, unless documentation is provided to demonstrate a lack of reception, shall not be visible from the primary street frontage. If such documentation is provided, the satellite television dish shall be located as discretely as possible. (5) Single Family and Two-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to l (two foot horizontal for one foot vertical) shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) Decorative walls, decorative fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the primary or secondary streets and shall be consistent with the house's architectural style and character. (C) Decorative walls, decorative fences, and hedges shall be no greater than five feet(5') in height along the rear and side property lines that do not face the streets. (6) Single Family and Two-Family Residential Parking and Service Areas (A) Off-street parking shall be provided by an enclosed garage located to the rear of the primary building frontage. (B) Garages that gain access from an alley or secondary street are preferred. (C) If the garage door on an attached garage must face a primary street, the garage door must be set back a minimum of 20 feet (20') from the primary building frontage, as referenced in the accompanying graphic. I W ' HOUSE i. IF— I I 2 i G*GE a I V T PAIN. (D) Garages oriented with garage doors facing an alley or Secondary Street shall have a setback (apron) of not less than eighteen feet(18') from the alley and from the right-of-way at the Secondary Street, sufficient to accommodate the parking of an automobile provided that the minimum required setbacks are met for corner lots per the zoning ordinance, as referenced in the accompanying graphic. I :--,- i Is-Id MIN.—'—IF OFF I • HOUSE 1 . L 1 ALLEY wail I- > I W — GARAGE Q I l K_ SECONDARY STREET (E) Garage setbacks shall include paved and screened locations for trash cans if trash cans are not stored in the garage. (F) No more than one(1) double or two (2) single garage doors are permitted to face any primary or secondary street. (G) Garages shall incorporate roof types that match the roof type of Primary House Form. Hipped and gabled roofs are acceptable roof types. (H) Three-car garages are prohibited. (I) Driveways fifteen feet(15') or greater at the curb or circular designed driveways within the front yard setback are prohibited. (7) Single Family and Two-Family Residential Building Addresses (A) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (e) Multi-Family Residential All new multi-family residential construction shall comply with the following regulations: (1) Multi-Family Residential Building Massing (A) In the event of mixed residential building types on abutting lots located within the same block face, the height and massing of new multi-family buildings shall be no more than twice the height and massing of the immediately abutting building, including buildings on the same lot. (B) Angular or curved building massing is prohibited. (C) Buildings shall not exceed three(3) stories or forty feet(40') in height. (2) Multi-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard,mock mansard, flat and barrel roofs are prohibited. Flat roof forms may only be used on the building's Entry Form (e.g. Porch or Portico). (C) Eaves shall have a maximum overhang of three feet (3'). (3) Multi-Family Residential Building Setbacks (A) Building setbacks shall not exceed ten feet(10') from the right of way line of the street on which the parcel's address is platted. (4) Multi-Family Residential Building Design (A) Façades (i) All residential buildings shall include design elements, including but not limited to, front doors/entries, front porches/porticos/overhangs, articulated rooflines, and balanced/symmetrical fenestration on all facades. (ii) Residential buildings shall have identifiable architectural styles that incorporate elements and details that remain consistent with that style. (iii) Unarticulated, Modern Style building façades are prohibited. (iv) Front building façades shall be oriented toward, and parallel to, all primary street frontages including corner lots. (v) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (vi) The front door entrance(s) shall define, and remain consistent with, the building's architectural style and character and shall face the Primary Street frontage. (vii) Building designs that orient front doors so that they are not visible from the Primary Street are prohibited. (viii) Front façade entry doors, windows,roof shapes and building massing shall be the dominant character defining elements of the architectural style. (ix) Garage doors shall face alleys or be oriented so as to not face the primary street frontage. (x) Front façade entry doors and mailboxes shall face the primary street frontage. (B) Multi-Family Residential Fenestration (i) Buildings shall provide fenestration on façades facing primary and secondary streets. Exposed,blank walls are prohibited. (ii) Door and window shapes shall be primarily rectangular(oriented vertically), or square. Horizontally oriented windows with vertical divisions may be used when consistent with the building's architectural style and character. (iii) Round, hexagon, and octagonal shapes shall only be allowed as accents. (iv) Doors and windows shall be made of painted metal,wood, vinyl or fiberglass. (v) Opaque or reflective glass is prohibited. (vi) Mill finish (non-colored) aluminum door and window frames are prohibited. (vii) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood,metal, vinyl, or fiberglass. (viii) Solid metal security gates, metal rolldown windows, and link/grill security devices are prohibited in all windows and doorways. (C) Multi-Family Residential Materials (i) Cinder/concrete block, metal, plywood,unfinished pre-cast or poured-in-place concrete are prohibited on any residential building façades except for basement foundation walls between the first floor sill plate and grade, where concrete, concrete masonry,brick, stone or stucco is permitted. (ii) Roofs, shall be clad in cedar wood shake, fiberglass shingles, asphalt shingles, slate shingles, clay tile,prefinished pre-stamped metal shingles,prefinished metal standing seam or other recognized residential roofing material. Prefinished metal standing seam roofing shall only be permitted for accent roofing above window projections and open-air porches/porticos/overhangs. Sheet or roll- type roofing is prohibited on sloped roofing. (D) Multi-Family Residential Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10%of the facade area. All colors shall complement the architectural style and character of the building and the surrounding neighborhood. (E) Multi-Family Residential Projections (i) Attached dwelling units shall have street-facing, individual front entries with a covered entrance feature such as a porch,portico or overhang along the primary street frontage. Decks and garages shall be located and oriented to the rear of the structure. (ii) Front doors shall be a prominent feature on the primary street façade of the unit. (iii) Porch/Portico handrails and guardrails (including balconies) of perforated metal, stainless steel cables, and unfinished metal mesh are prohibited. (iv) Open porch bases are prohibited. Porch bases shall be continuously skirted with a painted wood lattice panel,masonry, concrete or similar material to the primary building. (F) Multi-Family Residential Lighting (i) Floodlights and uplights with bulbs greater than one hundred (100) watts on residential building facades are prohibited. Motion-sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent, fluorescent, LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Multi-Family Residential Mechanical Equipment and Utilities (i) Mechanical equipment shall not be located along primary and secondary street frontages. (ii) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (iii) Roof top mechanical equipment shall be screened by the roof form. When the roof form cannot hide such equipment, a solid screen shall be constructed of materials similar to those of the primary façade. (iv) Satellite television dishes shall be located so that they are not visible from the primary street. (5) Multi-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical) shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) When utilized, decorative walls, fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the Primary and Secondary Streets and shall be consistent with the architectural style and character of the building. (C) Decorative fences and hedges shall be no greater than five feet(5') in height along the rear and side property lines that do not face the streets. (D) For urban townhome development, if front yard fencing is provided, said fencing shall be of a single, unified fence design for all units within a project. Individual fencing of individual urban townhome front yards is prohibited. (6) Multi-Family Residential Parking and Service Areas (A) Urban Townhome/Rowhome Residential (i) Off-street parking for all new urban townhome/rowhomes, shall be in the form of an enclosed garage located at the rear of the primary structure. (ii) Garages oriented with garage doors facing an alley shall have a setback(apron) of not less than eighteen feet (18') from the alley, sufficient to accommodate the parking of an automobile. (iii) Side-loaded garages accessible from primary or secondary street frontages are permitted only when legal alley access to garages is not available. (iv) Garages that have ingress or egress from the front of the property or the primary street are prohibited. (v) Garage setbacks shall include paved and screened locations for trash cans if trash cans cannot be stored in the garage. (vi) Garages that have ingress or egress from rear alleys may incorporate double-car doors. (vii) No more than one (1) double or two (2) single garage doors are permitted to face any street. (viii) Garages shall incorporate hipped or gabled roof types that complement the roof type of the primary building. Where appropriate to the design, dormers may be included. (ix) Three-car garages are prohibited. (x) Driveways shall be no more than twelve feet (12') wide at front property line. (xi) Circular driveways within the front yard setback are prohibited. (xii) Driveways on corner lots shall be located to maximize the distance from intersections. (xiii) Driveway curb-cuts shall be placed to maximize the number of on- street parking spaces. (B) All Other Multifamily Designs (i.e., non-Urban Townhome/Rowhome Design) (i) Off-street parking areas shall be located behind buildings with access off a secondary street or alley. Visitor parking shall also be located behind the buildings or at on-street parking locations.` (ii) Off-street parking areas shall be located at least fifteen feet (15') from any building façade. (iii) Off-street parking areas shall be adequately lit and shall minimize glare on surrounding properties. (7) Multi-Family Residential Building Addresses (A) All buildings shall clearly display their address numbers along the primary street elevation in a conspicuous place on the side of or above the front door of the building. Address numbers shall be at least three inches (3") in height. (B) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (1) Commercial/Mixed Use Buildings All new commercial or mixed-use building construction shall comply with the following regulations: (1) Commercial/Mixed Use Buildings Located in the MU-District (A) All buildings on properties zoned "MU" (Mixed-Use District of the SBZO) shall include active first-floor commercial space. (2) Commercial/Mixed Use Building Massing (A) In areas with buildings developed on abutting lots (including across the street) the maximum building height shall not be more than fifteen feet (15') greater than the average of the maximum height on abutting lots, provided that the maximum building height for a portion of the building may increase one foot(1') for each additional one foot(1')of setback for that portion of the building. (B) Buildings shall be oriented towards the street with main entrances or windows facing the primary or secondary street frontages. (C) Buildings sited at irregular or random angles to the street are prohibited. (D) Multiple or attached building complexes shall maintain a consistent street orientation and shall also maintain a parallel or perpendicular orientation to each other. (E) Multi-story commercial/mixed-use buildings shall maintain a minimum commercial facade height for the first floor retail of fifteen feet(15'). (F) Gaps between buildings that interrupt the streetwall are prohibited except for pedestrian pathways and service alleys within long blocks. Such pedestrian pathways and service alleys should link the primary streets to parking areas and public spaces located behind buildings, and be no greater than fifteen feet (15') wide. (G) The façade of any single-story commercial/mixed-use building shall be at least twenty-two feet (22') in height. 0 (II) All sides of any free-standing single-user "outlot" retail buildings shall include four-sided design (i.e., be designed and detailed with each façade having the same level with similar materials and details). (I) Multi-story mixed-use buildings shall not have a continuous uninterrupted façade greater than sixty feet(60') in height or length. (J) Upper floor residential/office uses are required to provide façade or roof form articulation along with building fenestration changes to accentuate the mixed-use character of the building. (K) Terraces and balconies, if incorporated, shall be designed so as not to protrude beyond the primary building façade. (3) Commercial/Mixed Use Building Shapes (A) Roofs shall be hipped, gabled, or flat with a parapet. Parapets shall range between three and five feet(3'-5') in height. (B) Mansard, mock mansard, and barrel roofs as the main roof style are prohibited. (C) Eaves shall have a maximum overhang of three feet (3'). (4) Commercial/Mixed Use Building Setbacks (A) Off-street parking areas located between the building and street are prohibited. (B) The maximum front building setback shall be five feet (5') to maintain the streetwall. (C) Corner buildings shall have a maximum setback of five feet (5') from the primary and secondary street property line to hold or frame site corners along both street frontages. (D) Buildings shall have a zero foot (0') side setback from the interior side property line, except for pedestrian access through the site. (E) Pedestrian access areas shall not exceed a maximum of fifteen feet (15') wide. (F) Pedestrian areas between buildings are prohibited unless necessary for access to/from off-street parking areas to store entrances. (5) Commercial/Mixed Use Building Design (A) Multiple building developments using one overall architectural theme shall include varied roof forms, facade treatments, sign bands, and details to create the effect of a traditional neighborhood retail street which developed over many years. (B) Building façades shall include design elements (i.e. height of a wall or cornice or parapet line, window lines, belt courses or other horizontal design elements)that substantially replicate the pattern of abutting buildings or sections of the same building. (C) Mixed-use buildings shall express a clear defined retail base,middle, and top. (D) Building architectural details and features include but are not limited to cornices,belt courses,window bays, variations in wall plane, and roof features. (E) Blank or windowless elevations that face primary or secondary streets are prohibited. Walls which do not included window glazing or storefront entrances shall be articulated by the provision of: faux windows trimmed with frames, sills, lintels, awnings; murals; or similar elements. (F) Street-facing facades of buildings with fifty feet(50') or more of horizontal length shall include the use of vertical bays between twenty- five to thirty feet (25'-30') in width to give the appearance of small, individual storefronts. Techniques for implementation include changes in articulation of plane of the building façade such as vertical bays, columns and reveals. Columns or reveals, if used, shall not be less than eighteen inches (18") in width. (G) First-floor retail on a street facing facade shall have a minimum window surface of sixty percent (60%) and maximum of seventy-five percent (75%). Upper-floor residential or office shall have a minimum window surface of twenty-five percent (25%) and maximum of forty percent (40%). (H) Unarticulated, flat front, all glass or metal, Modern Style buildings are prohibited. (6) Commercial/Mixed Use Building Fenestration (A) Window shapes shall be vertically-oriented rectangular, square, or Palladian. (B) Round,hexagon, and octagonal shapes shall only be used as accents. (C) Solid windowless walls are prohibited unless necessary to the function of the building. If such walls are necessary to the function of the building, they shall incorporate arches,piers, columns,murals, tasteful graphics, planters and/or other elements that reduce building scale and add visual interest. (D) Commercial or mixed-use buildings with ground-level retail or office space shall include clear glass windows to allow views into building interiors. Opaque or reflective glass is prohibited. (E) Storefront windows shall be constructed of painted or clad wood or metal and clear glass. (F) Solid metal security gates,metal roll-down windows, and link or grill security devices are prohibited. (7) Commercial/Mixed Use Building Materials (A) Unarticulated or finished concrete block and plywood are prohibited on commercial mixed-use building facades or on walls that are visible from streets, sidewalks and parking areas. (B) Stucco, metal, exterior insulation systems (EIFS), unfinished pre-cast concrete panels and cast-in-place concrete are prohibited as the primary material used on commercial mixed-use building facades or walls visible from streets, sidewalks and parking areas. Up to ten-percent (10%) of facades facing streets, sidewalks or parking areas can be comprised of one or a combination of these materials. • (C) Decorative block, "renaissance stone," smooth/textured synthetic plaster and wood trim may be used only for decorative accent purposes and shall be limited to ten-percent (10%) of facades facing streets, sidewalks or parking areas. (D) Roofs, if sloped, shall be clad in cedar shake wood, fiberglass, asphalt shingles, tile or real/synthetic slate and shall meet all standards required by the City building code. Standing seam finished metal roofing should be used for accent purposes only and shall be limited to fifteen-percent (15%) of the roof surface area. (E) Windows and doors shall be constructed of colored clad wood or painted metal and clear glass. Mill finish (non-colored) aluminum door and window frames are prohibited. Anodic coatings, copper, and brass finishes are acceptable alternates. (8) Commercial/Mixed Use Building Color (A) Bright colors are prohibited as primary building colors but may be used for subtle trim accents in amounts not to exceed ten-percent (10%) of the façade area. (9) Commercial/Mixed Use Building Projections (A) Building entrances shall be visible from the street. Architectural elements, canopies, and lighting shall help to identify entrances. (B) Pedestrian pass-throughs, arcades or paseos, and other like permanent architectural features shall be finished on all their surfaces with the same quality and types of materials as a building exterior in compliance with these guidelines. (C) Retractable and internally lit awnings are prohibited. (D) A standard clear awning height shall be eight and a half feet(8' 6") above the sidewalk. (10) Commercial/Mixed Use Mechanical Equipment and Utilities (A) Mechanical equipment and utilities shall be hidden from view along all primary and secondary street frontages. (B) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (C) Rooftop mechanical equipment shall be screened by the roof form or a solid screen constructed of materials similar to those of the primary façade. Perforated or louvered screens may be used. (D) Vents, gutters, downspouts, flashings, electrical conduits, and other appurtenances shall be painted to match the adjacent surface unless being used expressly as an accent material. (E) Window-mounted air conditioners are prohibited. Wall or in-wall mounted air conditioning condensing equipment is prohibited facing streets or pedestrian ways. (11) Commercial/Mixed Use Decorative Fencing (A) Wood, chain-link, and barbed-wire fencing is prohibited. (B) Decorative three foot(3') height masonry walls may be used in conjunction with landscaping to provide screening. Decorative masonry walls shall incorporate the same or complementary materials and detailing as adjacent buildings and streetscape. ,e :d . . ra ,` Stimie 6 IA t.wwiar- - E■i:ting teat wall and I ndJtape o ante,in along Idithigan Street.Soon -d. (12) Commercial/Mixed Use Outdoor Cafes and Seating Areas (A) Outdoor cafes and seating areas shall so be located as to maintain a minimum useable sidewalk width of not less than six feet (6'). (B) Sidewalk cafes shall obtain a seasonal permit from the City of South Bend. (13) Commercial/Mixed Use Landscape Guidelines (A) Parkway Tree Lawn Plantings—All plantings within the parkway tree lawn shall obtain approval of the South Bend Board of Public Works. (14) Commercial/Mixed Use Off-street Parking and Service Areas (A) Parking and service areas shall be located at the rear of the building. With the exception of on-street parking, parking and service areas that front primary and secondary streets are prohibited. u 1c �i.D L� .D r ' r 4_„ c. ,R YA Y v° SiwtiT .APO L.� ` 4 v NOT t �' ALLOWED ALLOWED 1. t 1 (B) Dedicated off-street parking for individual businesses is prohibited, with the exception of drop-off/pick-up type service businesses, which may provide one dedicated space per business, during business hours. Multi- use buildings shall provide shared off-street parking. (C) Off-street parking areas for commercial/mixed-use buildings shall be located at least fifteen feet (15') from all building façades. (D) Where alleys are used in a commerciaUmixed-use area as a means for access to and from off-street parking areas, the width of such alleys shall be at least eighteen feet (18') wide. 6id 42/ Val ti NOT ALLOWED ...-10 IlID... E 0311 ® EC 03113- dl 1m EU EC 4111111111 11E41.1e1.4t ---- ALLOWED (E) Where applicable, curb-cuts should be placed to maximize the number of on-street(curb)parking spaces. (g) Signs Any new sign shall comply with the following regulations: (1) Single Family Residential Single Family Residential uses shall be permitted signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the SBZO applicable to the single family dwellings or single family platted subdivisions. (2) Multi-Family Residential Multi-family residential uses shall be permitted freestanding identification signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the SBZO applicable to the multifamily dwelling uses provided that: (A) the maximum height of a freestanding identification sign may be up to eight feet(8') feet above grade; and (B) there shall be no minimum setback for such freestanding identification sign provided such signs shall not encroach into any public right-of-way or clear sign area regulated by Section 21-01.01 (t)—Clear Sight Area Requirements of the SBZO. (3) Commercial/Mixed-Use Commercial /Mixed-Use buildings shall be permitted signs in compliance with the provisions of Section 21-07.03 (e) On-Premise Signs: MU& CBD Districts of the SBZO applicable to the MU District provided that: (A) Building identification signs shall be limited to one (1) sign per building being either: a parapet mounted wall sign not to exceed forty(40) square feet in area; or, a grand projecting sign not to exceed eighty (80) square feet in area. (B) In addition, each tenant/use within a building shall be allowed one (1) business identification sign per frontage of the tenant/use limited to either: a fascia mounted lower level wall sign not to exceed twelve(12) square feet in area per sign; or, a blade sign not to exceed twelve(12) square feet in area per sign. Section II. Chapter 21 of the City of South Bend Municipal Code, as amended, is further amended and supplemented by applying the NNZO Overlay District to the following described property: Beginning at the intersection of the centerlines of Hill Street and LaSalle Avenue; thence East along said centerline of LaSalle Avenue to the West right-of-way line of Frances Street; thence South along said West right-of-way line to the North right-of-way line of the first East-West alley, also known as Luther Court, South of LaSalle Street; thence West along said North right- of-way line to the West right-of-way line, extended, of the first North-South alley, also known as Edmund Court, West of Frances Street; thence South along said right-of-way line to the centerline of Colfax Avenue; thence East along said centerline to the centerline of Eddy Street; thence North along said centerline to the centerline of LaSalle Avenue; thence East along said centerline to the centerline of Sunnyside Avenue; thence North along said centerline to the centerline of Rockne Drive; thence Northeasterly along said centerline to the East right-of-way line of Twyckenham Drive; thence North along said East right-of-way line to the Southwest corner of Lot 38 in Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 38, 37 and 36 to the Southwesterly right-of-way line of White Oak Drive, also being the Southeast corner of Lot 36 of Wooded Estates; thence Northeasterly to the Southwesterly corner of Lot 35 in Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 35, 34, 33, 32, 31 and 30 in said Wooded Estates to the Westerly right-of-way line of Black Oak Drive, also being the Southeast corner of Lot 30 of said Wooded Estates; thence Northeasterly to the Northwest corner of Lot 48 in said Wooded Estates; thence east along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak Ridge Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to the East line of Lot 5 of Vacval and Davidson Subdivision projected South; thence North along said East line and its projection to the Northeast corner of said Lot 5; thence West along the North lines of Lots 5, 4, 3, 2 and 1 of said Subdivision; thence West along the North line of said Subdivision projected to the East property line projected of a parcel of land owned by the Patrick Simeri Revocable Trust(Tax key#024- 1008-0618); thence North along said East line to the Northeast corner of said Simeri parcel; thence West along the North line of said Simeri parcel to the Northwest corner of said Simeri parcel also being the east line of the Jamison Residential Condominium; thence South along the West line of said Simeri parcel also being the East line of said Condominium to the Southeast corner of said Condominium; thence West along the South line of said Condominium to the Southwest corner of said Condominium;thence North along the West line of said Condominium to the South line of Lot 5 of Schroederville(Original Town); thence West along the South Line of said Lot to the centerline of Ivy Road; thence South along said centerline projected to the South right-of-way line of Edison Road; thence West along said right-of-way line 30' more or less to the Northwest corner of a parcel of land owned by Judith Oliva and Joseph &Phyllis Cantanzarite(Tax Key#018-5151-5672); thence South along the West line of said parcel to the North right-of-way line of State Road#23 (South Bend Avenue); thence Southwesterly along said North line to the East right-of-way line of Napoleon Boulevard; thence Northwesterly along said line to the East line of Lot 4 of Eddy Street Commons Major Subdivision (Section One); thence Northwesterly along said Lot line to the Southeast corner of Lot B of Eddy Street Commons First Minor, First Replat; thence Northwesterly along said Lot line to the Southeast corner of Lot 1 OF of Eddy Street Commons Third Minor Subdivision; thence Northwesterly along said lot line to the center line of Angela Boulevard; thence West along said centerline to the West line of Lot 95 University Heights projected North; thence South along the West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest corner of said Lot 32; thence West along the North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street; thence South along said centerline to the centerline of Napoleon Street; thence West along said centerline to the centerline of Niles Avenue;thence Southeasterly along said centerline to the centerline of Corby Street; thence East along said centerline to the west line of the first North- South alley West of Hill Street projected North;thence South along said West line to the Northwest corner of Lot 10 of Cedar Heights Addition; thence South along the West Lot lines of Lot 10, 11, 12 and 13, extended, to the centerline of Crescent Avenue; thence Northeasterly along said centerline to the centerline of Hill Street; thence South along said centerline to the place of beginning. Section III. This Ordinance shall be in MI 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 , 2015, at o'clock . m. City Clerk Approved and signed by me on the day of , 2015, at o'clock . m. Mayor of the City of Sou nd Indiana R�, p Filed m .:.. office 1 s1 READNG 1 Z� t 4 C PUBLIC HEARING OCT 21 2015 3 rd READING _ NOT APPROVED JCT,J .". ',13.7 REFERRED Airy' �' 2P�1 1 CITY CLERK,SOUTH NEW IN PASSED — � - C LAWRENCE TAGLIOZOI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 October 21, 2015 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill # 64-15 Ordinance to Repeal Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District and Replace it with a new Section 21-06.03 Northeast Neighborhood Zoning Overlay District. Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition: Ordinance: 1.) Section (c) Definitions, item (55) Tudor Style was amended with a new graphic. The graphic had minor modifications to more accurately reflect the definition as described. A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to contact me at (574) 235-9571. Sincerely, Matthew P. Chappuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W .STIOSEPXCOUNTYINOIANA.COM/AREAPLAN