July - St. Joseph County

Transcription

THE AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IN
AGENDA
Tuesday, July 21, 2009
3:30 p.m.
Fourth-Floor Council Chambers
County-City Building., South Bend, IN
PUBLIC HEARINGS:
1.
Rezonings:
A.
A proposed ordinance and site development plan of Patricia A. McAllister, Trustee, Madgel C. McAllister
Trust to zone from A Agricultural District to L Light Industrial District, property located at the northeast
corner of Walnut Road and Chicago South Shore and South Bend Railroad, St. Joseph County APC # 2519-09
B.
A proposed ordinance and site development plan of Tiberius & Sorin Mihalache to zone from SF1 Single
Family and Two Family District to O Office District, property located at 1351 and 1355 Pyle Avenue and the
adjacent vacant lot lying to the north, City of South Bend - APC # 2520-09
C.
A proposed ordinance amending and supplementing Title 26, Zoning, of the St. Joseph County Code, as
amended: To clarify the conditional use sections in Article 1, Division 1 and Article 10, Division 3; To
update requirements for nonconforming buildable lots; To clarify certain uses and to add concentrated animal
feeding operation to the A - Agricultural and R - Single Family Districts; To correct a scrivener error in
Article 4, Division 3 - Business District; To remove secondary approval time limits on Planned Unit
Developments in Article 6, Division 1 – Planned Unit Developments; To restrict the location of adult
businesses in Article 9, Division 2 - Adult Business Use; To add subdivision control ordinance to duties in
Article 10, Division 1; and To add and revise definitions in Article 12 – Definitions – APC #2521-09
D.
A proposed ordinance amending and supplementing Title 26, Zoning, of the St. Joseph County Code,
as amended: to add a new Division 4 within Article 9 – Special Regulations, regulating the installation
and use of wind energy conversion systems; amending various Articles to include the placement of wind
energy conversion systems in all zoning districts; to add related definitions to Article 12 – Definitions - APC
#2522-09
ITEMS NOT REQUIRING A PUBLIC HEARING
1.
MISCELLANEOUS:
A.
A Resolution of the Area Plan Commission of St. Joseph County, Indiana, approving Written Commitments for
the property located at 3454 Douglas Road, City of South Bend – APC #2487-08
B.
A Resolution of the Area Plan Commission of St. Joseph County, Indiana, approving Written Commitments for
the property located at the southeasterly corner of Ivy Court and Twyckenham Drive, City of South Bend –
APC #2494-08
C.
A Resolution of the Area Plan Commission of St. Joseph County, Indiana, establishing filing fees for
subdivisions, rezoning petitions, final site plans and other review items in the City of South Bend, participating
Towns, and the unincorporated areas of St. Joseph County, Indiana to defray the cost of processing these items
– APC #R199-09
D.
A Resolution of the St. Joseph County Area Plan Commission approving a Resolution of the South
Bend Redevelopment Commission amending the development plan for the South Bend Central
Development area and adding one or more parcels to the list of parcels to be acquired – APC #R200-09
E.
A Resolution of the St. Joseph County Area Plan Commission approving a Resolution of the South
Bend Redevelopment Commission amending the development plan for the Airport Economic
Development area and adding one or more parcels to the list of parcels to be acquired – APC #R201-09
2. EXECUTIVE DIRECTOR’S REPORT:
3. MINUTES AND EXPENDITURES:
4. ADJOURNMENT:
Staff Report
APC #
Owner:
Location:
Jurisdiction:
2519-09
Patricia A. McAllister, Trustee, Madgel C. McAllister Trust
the northeast corner of Walnut Road and Chicago South Shore and South Bend
Railroad
St. Joseph County
Requested Action:
The petitioner is requesting a zone change from A Agricultural District to L Light Industrial
District to allow grain processing facility.
Land Uses and Zoning:
On site:
On site is a vacant field.
North:
To the north are single family homes zoned A Agricultural District.
East:
To the east is a cultivated field zoned A Agricultural District.
South:
To the south is a grain storage facility zoned A Agricultural District and two sets
of railroad tracks (not zoned).
West:
To the west is a cultivated field zoned LI Light Industrial District in the Town of
New Carlisle.
District uses and development standards:
The L: 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 L: Light Industrial District is
also intended to function as a transitional district between the more intense general industrial
districts and other less intense districts.
Site plan description:
The total area is 30.82 acres. Buildings for grain storage (102,400), fertilizer storage (6,328), an
office (2,600) and storage/maintenance (5,020) combine for a total of 116,368 square feet or 9%
of the site. Twelve parking spaces are located near the office building. Parking and drives cover
220,846 square feet or 17% of the site. The remaining 74% of the site is open space. The
entrance to this site is approximately 400 feet south of U.S. 20.
Zoning and land use history & trends:
Earlier this year, the Area Plan Commission initiated a rezoning to correct the zoning on the west
side of Walnut Road, between the railroad tracks, to M Manufacturing Industrial District.
Traffic and transportation considerations:
Walnut Road is a two lane road. There are two railroad crossings to the south of this site.
Utilities:
This site will be served by an on-site well and septic system.
#2519-09
Page 1 of 1
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
Comprehensive Plan for Suth Bend and St. Joseph County, Indiana, April 2002
Goal 2: Encourage the economic development of the County and its municipalities.
Objective A: Ensure that suitable areas are available for future industrial development.
Policy vi: No fewer than three areas in the County will be reserved for new and/or
expanding light industrial uses.
Land Use Plan:
The Future Land Use Plan shows this area as Industrial Growth Area.
2. Current conditions and character:
The site is vacant, and not currently being farmed. There are two high voltage lines crossing the
property. A grain storage facility is currently operating directly to the south, and fertilizer
production to the southwest across Walnut Road.
3. Most desirable use:
The most desirable use is industrial. The area is identified as a an Industrial Growth Area on the
Future Land Use Map.
4. Conservation of property values:
The surrounding property values may be affected.
5. Responsible development and growth:
It is responsible development and growth follows the goals of the Future Land Use Plan.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the petition
be sent to the County Council with a favorable recommendation.
Analysis:
The proposed facility is adjacent to an industrial area, with a grain storage and a fertilizer
preparation facility nearby. The larger area has been identified in the Future Land Use Plan as an
area set aside for industrial growth.
#2519-09
Page 2 of 2
Staff Report
APC #
Owner:
Location:
Jurisdiction:
2520-09
Tiberius & Sorin Mihalache
1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north
City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF1 Single Family and Two Family District to O
Office District to allow for the construction of an office building
Land Uses and Zoning:
On site:
On site is one vacant lot on the north end, and two single family homes on the
south end, zoned SF1 Single Family and Two Family District
North:
To the north is a United States Post Office, and an office building zoned CB
Community Business District.
East:
To the east are single family homes zoned SF1 Single Family and Two Family
District.
South:
To the south are single family homes zoned SF1 Single Family and Two Family
District
West:
To the west is a vacant lot and a gas station zoned CB Community Business
District.
District uses and development standards:
The "O" Office District is established to promote the development of: general office uses and
complexes; professional health care uses and complexes; limited public and semi-public uses;
and, other uses which are generally compatible in physical appearance and service requirements
to office uses. The potential for the development of multifamily dwellings is also provided.
Site plan description:
The site is approximately 0.76 acres. 31 parking spaces have been proposed on the northern
portion of the lot. Parking and drives consist of 40.5% of the site. A 6,336 square foot building
is proposed for the site, which accounts for 19.2% of the site. The remaining 40.3% of the site is
open space.
Zoning and land use history & trends:
In 1994, a portion of the subject property (Lot A) located on the southwest corner of Edison Rd.
and Pyle Ave., was rezoned from Residential to Office. The subject property reverted back to
Residential due to lack of development. In 2005 the subject property was petitioned to be
rezoned from SF1 Single Family & Two Family District to MU Mixed Use District. This petition
was denied by the City Council.
Traffic and transportation considerations:
Edison Rd. has four lanes. Pyle Ave. has two lanes.
Utilities:
City water and sewer is available.
Additional information: (Agency comments)
City Engineer: Change entrance to Edison Road. Drainage approval is needed.
#2520-09
Page 1 of 1
1. Comprehensive Plan:
Policy Plan:
Objective LU 2: Encourage a compatible mix of land uses in the community.
Policy LU 2.4: Provide buffer spaces between non-compatible land uses.
Objective H2: Maintain South Bend's housing stock in good condition.
Policy H 2.5 Pursue alternatives to the demolition of structurally sound housing.
This petition is not consistent with the City of South Bend Comprehensive Plan (City Plan).
The petition involves the demolition of two seemingly structurally sound single family
homes, and offers inadequate buffering.
Land Use Plan:
City of South Bend Comprehensive Plan, November 2006
Future Land Use Plan: The map shows this property as residential.
The rezoning is not consistent with the Future Land Use Map.
2. Current conditions and character:
The petitioned property is located at the northern and western edge of a single family residential
neighborhood. The area centered around the intersection of Ironwood Rd. and Edison Rd.
consists of commercial and office uses. Commercial and office uses continue east from Ironwood
to the western border of the petitioned property as well as to the north of Edison Rd from the
petitioned property.
3. Most desirable use:
The most desirable use for this property is maintain the existing single family homes with a
possible small office use on the northern vacant lot.
4. Conservation of property values:
The approval of this rezoning may have a negative impact on surrounding residential property
values.
5. Responsible development and growth:
It is responsible development and growth to allow sites to be appropriately redeveloped in
keeping with the surrounding area, but at the same time preserving neighborhood stability while
protecting entryways.
Recommendation:
Based on information available prior to the public hearing staff recommends that this petition be
sent to the Common Council with an unfavorable recommendation.
Analysis:
The rezoning would intrude too deep into an established single family residential neighborhood.
Office uses to this depth would adversely impact the residential uses on the east side of Pyle
Avenue as well as the properties bordering this area to the south. The O Office district allows for
higher intensity uses that are not compatible with the surrounding single family neighborhood.
The impact on the neighborhood could also come from commercial traffic generated by this site
traveling through the surrounding residential areas.
#2520-09
Page 2 of 2
Staff Report
APC #
Owner:
Location:
Jurisdiction:
2521-09
APC Initiated
text amendment
St. Joseph County
Requested Action:
The Area Plan Commission is initiating a text amendment to make various changes to the St.
Joseph County Zoning Ordinance.
Additional information:
o The requirements and criteria for “Conditional Uses” was listed in two different sections
in the Ordinance. Requirements and criteria have been combined into in one section.
o A new subdivision ordinance was approved in June of 2008. References to the
subdivision ordinance needed to be updated.
o The Health Department passed an ordinance with regards to Concentrated Animal
Feeding Operation (CAFO) and Confined Feeding Operations (CFO). These terms are
defined in accordance with the Health Department’s ordinance. A CAFO is a Special
Use in the R Single Family Residential District and a permitted use in the A Agricultural
District.
o The time limit for obtaining Secondary Approval on Planned Unit Developments was
removed. Planned Unit Developments are large projects which can take a long time to
complete, and since all phases must meet the requirements of the initial proposal, the
Staff saw no need to continue to require a time limit.
o Certain criteria that would determine major/minor change to an existing Planned Unit
Development site plan were removed. More changes can now be made to site plans
without having to go through the rezoning process again.
o Religious use, school use, and park use were added to uses that an Adult Business must
be 500 feet away from.
o The definitions of “Dwelling Unit” and “Dwelling, Single Family” were changed to
match the City of South Bend definitions.
o The definition of “Conditional Use” specifically names the Board of Zoning Appeals as
the approval body instead of the legislative body.
o A number of scrivener errors were corrected.
Recommendation:
Based on information available prior to the public hearing, the Staff recommends that the petition
be sent to the County Council with a favorable recommendation.
Analysis:
These changes are based on changes to other supporting documents are small changes that came
do light by using the ordinance day to day.
APC Initiated
#2521-09
Page 1 of 1
Staff Report
APC #
Owner:
Location:
Jurisdiction:
2522-09
APC Initiated
text amendment
County
Requested Action:
The Area Plan Commission is requesting a text amendment to the County Zoning Ordinance to
allow include the regulation of Small Wind Energy Conversion Systems and Wind Energy
Facilities.
Additional information:
Over the past year, there has been considerable interest from property owners in St. Joseph
County to install alternative sources of energy, such as wind turbines. There already have been a
number of residential installations, all occurring in the agriculturally-zoned areas.
This ordinance differentiates between a Small Wind Energy Conversion System (SWEC), and a
Wind Energy Facility (WEF). A SWEC is allowed as an accessory use for the on-site
consumption of the power that it generates. A WEF, commonly known as a wind farm, is
allowed only as a special use in certain districts. This staff report concentrates on the SWECsized systems. The larger turbines found on wind farms will undergo a rigorous review through
the Special Use process.
Wind turbines are a significant investment, and their very presence can have a potential effect,
both real and perceived, on adjacent properties. It should be noted that only a very small
percentage of properties in the more built-up areas of the County will be able to take advantage of
this technology. Although the technology of these appliances has improved, and will continue to
improve, there are a number of issues related to SWECS:
Noise – most turbines begin to operate around a wind speed of around 7 m.p.h. The noise levels
of most turbines measure close to the ambient noise level, which is around 52 to 55 decibels. For
comparison, a typical residential air conditioner is 60 decibels at a roughly 10 foot distance, at
ground level.
The ordinance requires that a wind turbine not exceed 60 decibels, measured at the closest
property line.
Safety – a wind turbine system is built for durability, and manufacturers and installers have a
professional stake in assuring that these structures are safely installed. They are generally
engineered to withstand wind velocities of 100+ miles per hour. Other structures, such as roofs,
fences, signs and trees will begin to, or have already failed at or below 100 MPH. Some systems
have brakes on the rotor which will activate at a preset maximum speed.
The ordinance requires installation by an installer certified by the manufacturer; requires
manufacturer’s specifications; statements certifying compliance with the rules and regulations of
the Indiana Utility Regulatory Commission; conforms to the national Electrical Code; and that the
electric utility provider has been notified.
APC Initiated
#2522-09
Page 1 of 1
Aesthetics – The prop and turbine components of the SWEC have to be anywhere from 30 feet to
120’ up in the air in order to catch the most advantageous winds. The required height is highly
dependent on the site location. Towers can be of monopole or lattice design. The impact of this
type of structure on adjacent properties can be significant, especially in a typical subdivision.
The ordinance requires a monopole design, with a maximum height of 60’. 80’ will be permitted
on bigger sized lots. Bright colors and signs are prohibited, and the number of SWECs on a
property are restricted. In addition, setback requirements, in conjunction with property location
requirements, are a part of the ordinance.
Recommendation:
Based on information available prior to the public hearing, the Staff recommends approval.
Analysis:
The wind energy conversion ordinance establishes reasonable standards for the placement of
wind turbines on individual properties, and provides property owners an opportunity to take
advantage of an alternative energy source. WEFs can be approved only as a Special Use permit,
after public hearings before the Area Board of Zoning Appeals and the County Council
APC Initiated
#2522-09
Page 2 of 2
RESOLUTION NO. 197-09
A RESOLUTION OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY,
INDIANA, APPROVING WRITTEN COMMITMENTS FOR THE PROPERTY LOCATED AT
3454 DOUGLAS ROAD, CITY OF SOUTH BEND, INDIANA
APC # 2487-08
WHEREAS, Chapter 21, Section 09.02 (D) has established provisions for written commitments
concerning the use and development of real property pursuant to Indiana Code 36-7-4-613 Seq.;
and
WHEREAS, the Common Council of The City of South Bend at its meeting on June 8, 2009
approved the Douglas Road Partner’s, Inc. petition to rezone to C Commercial District (2487-08)
with the requirement of the following written commitments:
1. That there shall be no vehicular or pedestrian ingress or egress to or from the subject
property, and both Elkins Street and McErlain Street;
2. That there shall be a cross access easement from the subject property to neighboring lots
with Tax Key Numbers 24-2023-0548 and 24-2023-0548.01;
3. That no controlled uses are allowed on the southern 260 feet of the subject property;
4. That the only controlled uses that will be allowed on the rest of the site are: bar/tavern
and billiard hall;
5. That an earthen mound be constructed and maintained near and along the southern
boundary of the non-residential zoning area where no mound currently exists. However,
if the existing mound is removed, a new earthen mound shall be constructed and shaped
by September 1, 2009, as shown on Exhibit A. Access paths made of serviceable
materials with sufficient strength shall be provided as shown on Exhibit A to allow the
City of South Bend to perform maintenance and inspection with heavy equipment.
Evergreen trees with a minimum height of 6 feet shall be planted in a staggered pattern,
where achievable, on the new mound every 15 feet by November 15, 2009. Trees shall
be replaced with new 6 foot high trees as needed.
6. That no structure, building or sign exceeding 24 feet in height shall be constructed or
placed on the southern 150 feet of subject property. Lighting on the southern side of any
structure within the southern one hundred and fifty feet (150’) of the subject property
shall be cut-off type. Example attached showing cut-off type and mound as Exhibit B.
All parking lot lighting will comply with dark skies recommendations and be constructed
so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or
the bulb itself from any presently developed adjacent residential property on the south
side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins
Street shall be of cut-off type shown on Exhibit B.
WHEREAS, the Common Council of The City of South Bend approved said rezoning petition
with a requirement that written commitments be approved by the St. Joseph County Area Plan
Commission and recorded by the petitioner;
NOW THEREFORE, BE IT RESOLVED by the Area Plan Commission of St. Joseph County,
Indiana that the written commitments for rezoning 2487-08 are in all respects approved, ratified,
and confirmed.
Passed by the Area Plan Commission of St. Joseph County, Indiana, this 21st day of July,
2009.
__________________________
Karl King, President
Area Plan Commission of
St. Joseph County
ATTEST:
_______________________
John W. Byorni, Secretary
INDIANA, APPROVING WRITTEN COMMITMENTS FOR THE PROPERTY LOCATED
AT THE SOUTHEASTERLY CORNER OF IVY COURT AND TWYCKENHAM DRIVE,
CITY OF SOUTH BEND, INDIANA
APC # 2494-08
WHEREAS, Chapter 21, Section 09.02 (D) has established provisions for written commitments
concerning the use and development of real property pursuant to Indiana Code 36-7-4-613 Seq.;
and
WHEREAS, the Common Council of The City of South Bend at its meeting on February 2, 2009
approved the John and Leona Rappelli and Rosemary Mandrici petition to rezone to MU Mixed
Use District (2494-08) with the requirement of the following written commitments:
1.
Provide access easements to Jameson House on Tax Key Parcel No. 024-1008-066801.
2.
Relocation of Dumpster so that it does not obstruct the view from the Jameson House
Building on Tax Key Parcel No. 024-1008-066801.
3.
No Controlled uses or liquor stores as defined in the City of South Bend Zoning
Ordinance.
WHEREAS, the Common Council of The City of South Bend approved said rezoning petition
with a requirement that written commitments be approved by the St. Joseph County Area Plan
Commission and recorded by the petitioner;
NOW THEREFORE, BE IT RESOLVED by the Area Plan Commission of St. Joseph County,
Indiana that the written commitments for rezoning 24948 are in all respects approved, ratified,
and confirmed.
Passed by the Area Plan Commission of St. Joseph County, Indiana, this 21st day of July,
2009.
__________________________
Karl King, President
St. Joseph County
ATTEST:
_______________________
John W. Byorni, Secretary
INDIANA, ESTABLISHING FILING FEES FOR SUBDIVISIONS, REZONING PETITIONS,
FINAL SITE PLANS AND OTHER REVIEW ITEMS IN THE CITY OF SOUTH BEND,
PARTICIPATING TOWNS, AND THE UNINCORPORATED AREAS OF ST. JOSEPH
COUNTY, INDIANA TO DEFRAY THE COST OF PROCESSING THESE ITEMS
WHEREAS, IC 36-7-4-704 and Chapter 2.20 of the St. Joseph County Code
requires the Area Plan Commission to establish a schedule of fees to defray the cost of
processing proposed subdivisions and rezoning petitions;
NOW, THEREFORE, be it resolved by the Area Plan Commission of St. Joseph
County, Indiana that at the time of filing a Minor Subdivision, Major Subdivision,
Subdivision Replat, Corrective Plat, Subdivision Rerecording, Request for Plat Vacation,
Rezoning Petition, Planned Unit Development Petition, Final Site Plan Submittal, Request
for Written Zoning Verification, and Filing of Written Commitments in the City of South
Bend, participating Towns, and the unincorporated area of St. Joseph County, Indiana,
each particular type of submission shall be accompanied by cash or checks payable to the
Area Plan Commission of St. Joseph County in the amounts prescribed as follows:
Petition Type
SUBDIVISIONS
Major Primary
Major Secondary
Minor Primary
Minor Secondary
Replat Primary
Replat Secondary
Re-recording
Type 1 Corrective
Type 2 Corrective
Type 3 Corrective
Plat Vacation
REZONING
Single Family
Other than SF
Planned Unit
Development(PUD)
2009
2012
2014
$600 + $5/Lot
$600 + $10/Lot
$300
No Fee
$200
No Fee
$50
$50
$50
$75
$100
$600 + $10/Lot
$600 + $15/Lot
$350
No Fee
$225
No Fee
$60
$60
$60
$85
$125
$650 + $10/Lot
$650 + $15/Lot
$400
No Fee
$250
No Fee
$75
$75
$75
$100
$150
$150 + $25/ac
$300 + $25/ac
$500 + $25/ac
$150 + $30/ac
$300 + $30/ac
$500 + $30/ac
$175 + $30/ac
$350 + $30/ac
$600 + $30/ac
SITE PLANS
Final - Towns
Final - County
Prior 6/13/2005
PUD
OTHER FEES
Written Commitments
Zoning Verification Letter
$50
$100
$60
$125
$60
$125
$250
$275
$300
$50
$25
$60
$30
$75
$35
Passed by the Area Plan Commission of St. Joseph County, Indiana this
_____ day of ____________, 2009.
_________________________________
Karl G. King, President
St. Joseph County, Indiana
ATTEST:
____________________
John W. Byorni
Secretary
RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION
APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR
THE SOUTH BEND CENTRAL DEVELOPMENT AREA
AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS
TO BE ACQUIRED
_____________________________________________________________________________
WHEREAS, the St. Joseph County Area Plan Commission (the “Plan
Commission”), is the body charged with the duty of developing a general plan of development
for the City of South Bend, Indiana (the “City”); and
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), is
the governing body of the South Bend Department of Redevelopment (the “Department”): and
WHEREAS, on July 14, 2009, the Commission approved and adopted its
Resolution No. 2551 entitled “A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND
CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE
LIST OF PARCELS TO BE ACQUIRED” (the “Declaratory Resolution”); and
WHEREAS, the Declaratory Resolution amends the acquisition list contained in
the South Bend Central Development Area Development Plan (the “Plan”) for the South Bend
Central Development Area (the “Area”), identifies parcels located within the Area as parcels
necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to
Commission Resolution No. 2551) (the “Plan Amendment”); and
WHEREAS, the Commission has submitted the Declaratory Resolution to the
Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the “Act”);
and
WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to
issue its written order approving the Declaratory Resolution and the Plan, as amended by the
Declaratory Resolution;
NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan
Commission, as follows:
1.
The Declaratory Resolution and Plan, as amended by the Declaratory
Resolution, conform to the plan of development for the City.
2.
The Declaratory Resolution and Plan Amendment are in all respects
approved, ratified and confirmed.
3.
This Resolution is hereby designated and constitutes the written order of
the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by
the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act.
4.
The Secretary of the Area Plan Commission is hereby directed to forward a
copy of this Resolution together with the Declaratory Resolution to the South Bend City Common
Council for its consideration.
5.
The Secretary is hereby directed to file a copy of said Declaratory
Resolution with the minutes of this meeting.
ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan
Commission this 21st day of July, 2009.
ST. JOSEPH COUNTY
AREA PLAN COMMISSION
_______________________________________
President
ATTEST:
______________________________
Secretary
-2-
RESOLUTION NO. 2551
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
AMENDING THE DEVELOPMENT PLAN FOR
THE SOUTH BEND CENTRAL DEVELOPMENT AREA
TO BE ACQUIRED
WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing
body of the City of South Bend Department of Redevelopment ("Department"), on May 10,
1985, adopted Resolution No. 737 declaring the South Bend Central Development Area ("Area")
in the City of South Bend, Indiana ("City") to be a blighted area within the meaning of the
Redevelopment of Cities and Towns Act of 1953, as amended, I.C. 36-7-14 ("Act"); and
WHEREAS, Resolution No. 737 and the South Bend Central Development Area
Development Plan ("Development Plan") adopted by Resolution No. 737 on May 10, 1985, were
confirmed by Resolution No. 739 adopted on June 14, 1985; and
WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on
August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted
on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and
on February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, 1987; and
on April 24, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and
on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said
resolutions expanded the South Bend Central Development Area by adding Expansion Area No.
1; and
on February 10, 1989, and confirmed by Resolution No. 874, adopted on March 24, 1989; and
on July 28, 1989; and
on October 27, 1989 and said Resolution No. 893 expanded the South Bend Central
Development Area by adding Expansion Area No. 2 and Expansion Area No. 3; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 921 adopted
on March 23, 1990; and
WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944
adopted on July 27, 1990; and
on January 25, 1991; and
on October 11, 1991; and
on September 2, 1994; and
on November 21, 1997; and
on December 19, 1997; and
on February 24, 1998; and
on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central
Development Area by adding Expansion Area No. 4;
on July 7, 2000: and
on August 4, 2000; and
2
on June 6, 2003; and
on October 3, 2003; and said Resolution No. 2001 expanded the South Bend Central
Development Area by adding Expansion Area No. 5; and
on November 17, 2003; and said Resolution No. 2014 expanded the South Bend Central
on December 19, 2003; and said Resolution No. 2015 contracted the South Bend Central
Development Area by removing Reduction Area No. 1; and
on October 7, 2005; and
on May 18, 2007; and
3
WHEREAS, the Development Plan includes a list of parcels of property to be acquired;
and
WHEREAS, it is necessary to modify the list of parcels of property to be acquired by
adding additional parcels of property to the acquisition list; and
WHEREAS, the Commission previously adopted the Development Plan and now desires
to amend the Development Plan to provide for the acquisition of the parcels of property set forth
in Exhibit A; and
WHEREAS, on June 5, 2009, the Commission authorized the Department to conduct
surveys and investigations and to thoroughly study the South Bend Central Development Area
within the City;
WHEREAS, pursuant to the Act, the Department has conducted surveys and
investigations and has thoroughly studied the South Bend Central Development Area and the
Development Plan; and
WHEREAS, upon such surveys, investigations and studies having been made, the
Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by
the ordinary operations of private enterprise without resort to the powers allowed under the Act
and that the public health and welfare will be benefited by the accomplishment of the Plan
Amendment which shall include the acquisition of the properties identified in Exhibit A; and
WHEREAS, the Plan Amendment conforms to other development and redevelopment
plans for the City,
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH
BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS:
1.
The Commission hereby determines that to accomplish the redevelopment of the
4
Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached
hereto and incorporated herein.
2.
The Commission hereby determines that the public health and welfare will be
benefited by the accomplishment of the Plan Amendment.
3.
The Commission hereby determines that the accomplishment of the Plan
Amendment will be of public utility and benefit as measured by:
a)
the attraction or retention of permanent jobs;
b)
an increase in the property base;
c)
improved diversity of the economic base;
d)
other similar public benefits.
4.
The Commission hereby determines that the estimated cost of acquisition and
redevelopment of the property being added to the acquisition list is $3,000,000.00.
5.
The Commission hereby determines that the Plan Amendment conforms to other
development and redevelopment plans for the City.
6.
The maps and plats of the South Bend Central Development Area, showing the
boundaries, the location of the various parcels of property, streets, alleys and other features
affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the
Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other
public purposes under the Plan, which maps and plats were previously adopted by the
Commission, are hereby confirmed by the Commission.
7.
The Secretary is hereby directed to file a certified copy of said Development Plan,
as amended, with the minutes of this meeting.
8.
The officers of the Commission are hereby directed to submit this Resolution,
together with supporting data, to the Area Plan Commission and the South Bend City Common
Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan
Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be
submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the
Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c)
of the Act.
9.
All orders or resolutions in conflict herewith are hereby rescinded, revoked and
repealed in so far as such exist.
5
10.
This Resolution does not affect any rights or liabilities accrued, penalties
incurred, offenses committed or (except as otherwise provided herein) proceedings begun before
the effective date of this Resolution.
11.
All other findings, determinations and conclusions in Resolution No. 737, as
amended, shall remain as stated therein.
12.
The United States of America is hereby assured of full compliance by the South
Bend Redevelopment Commission with regulations of the Department of Housing and Urban
Development effectuating Title VI of the Civil Rights Act of 1964, as amended.
(Balance of page intentionally left blank)
6
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
July 14, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
______________________________
Signature
______________________________
Printed Name and Title
South Bend Redevelopment Commission
ATTEST:
______________________________
Signature
______________________________
7
EXHIBIT A
TO
RESOLUTION NO. 2551
AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA
DEVELOPMENT PLAN
Parcel #
18-3012-044003
18-3012-044002
18-3012-0435
18-3012-0445
18-3012-0452
18-3012-0447
18-3009-0305
18-3009-0306
18-3009-0307
18-3009-0311
18-3010-0336
18-3010-0337
18-3009-0308
18-3012-0412
18-3012-0424
18-3012-0425
18-3009-0304
Address
400 Blk Western (A)
400 Blk Western (A)
400 Blk Western (A)
400 Blk Western (A)
300 Blk Western (B)
300 Blk Western (B)
300 Blk Western (C)
300 Blk Western (C)
300 Blk Western (C)
300 Blk Western (D)
118 S William St
118 S William St
325-329 S Lafayette
501 Western
501 Western
501 Western
301 S Lafayette
Common Name
Gates Toyota Lot
Gates Toyota Lot
Gates Toyota Lot
Gates Toyota Lot
Gates Toyota Bldg
Gates Toyota Bldg
Gates Parking Lot
Gates Parking Lot
Gates Parking Lot
Gates Display Lot
The Manor
The Manor
Schillings Camera Store
Fred's Transmission
Fred's Transmission
Fred's Transmission
Nor Systems Computers
8
Owner
GMS Realty Inc.
GMS Realty Inc.
GMS Realty Inc.
GMS Realty Inc.
GMS Realty Inc.
GMS Realty Inc.
GMS Realty Inc.
GMS Realty Inc.
GMS Realty Inc.
GMS Realty Inc.
Madison Center Inc.
Madison Center Inc.
Cari Shein
Fred’s Shop’s LLC
Shu Gong & Sun Wei
RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION
APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR
THE AIRPORT ECONOMIC DEVELOPMENT AREA
TO BE ACQUIRED
_____________________________________________________________________________
WHEREAS, the St. Joseph County Area Plan Commission (the “Plan
Commission”), is the body charged with the duty of developing a general plan of development
for the City of South Bend, Indiana (the “City”); and
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), is
the governing body of the South Bend Department of Redevelopment (the “Department”): and
WHEREAS, on July 14, 2009, the Commission approved and adopted its
Resolution No. 2552 entitled “A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT
ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE
LIST OF PARCELS TO BE ACQUIRED” (the “Declaratory Resolution”); and
WHEREAS, the Declaratory Resolution amends the acquisition list contained in
the Airport Economic Development Area Development Plan (the “Plan”) for the Airport
Economic Development Area (the “Area”), identifies parcels located within the Area as parcels
necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to
Commission Resolution No. 2552) (the “Plan Amendment”); and
WHEREAS, the Commission has submitted the Declaratory Resolution to the
Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the “Act”);
and
WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to
issue its written order approving the Declaratory Resolution and the Plan, as amended by the
Declaratory Resolution;
NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan
Commission, as follows:
1.
The Declaratory Resolution and Plan, as amended by the Declaratory
Resolution, conform to the plan of development for the City.
2.
The Declaratory Resolution and Plan Amendment are in all respects
approved, ratified and confirmed.
3.
This Resolution is hereby designated and constitutes the written order of
the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by
the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act.
4.
The Secretary of the Area Plan Commission is hereby directed to forward a
copy of this Resolution together with the Declaratory Resolution to the South Bend City Common
Council for its consideration.
5.
The Secretary is hereby directed to file a copy of said Declaratory
Resolution with the minutes of this meeting.
ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan
Commission this 21st day of July, 2009.
ST. JOSEPH COUNTY
AREA PLAN COMMISSION
_______________________________________
President
ATTEST:
______________________________
Secretary
-2-
RESOLUTION NO. 2552
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
AMENDING THE DEVELOPMENT PLAN FOR
THE AIRPORT ECONOMIC DEVELOPMENT AREA
TO BE ACQUIRED
WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body
of the City of South Bend Department of Redevelopment ("Department"), on February 23, 1990,
adopted Resolution No. 919 declaring the Airport Economic Development Area ("Area") in the City
of South Bend, Indiana ("City") to be an economic development area within the meaning of the
Redevelopment of Cities and Towns Act of 1953, as amended, I.C. § 36–7–14 (the "Act"); and
WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic
Development Plan (the "Development Plan") adopted by Resolution No. 919 on February 23, 1990
were confirmed by Resolution No. 938 adopted on June 27, 1990; and
WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on
November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said
resolutions expanded the Airport Economic Development Area by adding Expansion Area No. 1 and
Expansion Area No. 2; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1058, adopted on
May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding
April 15, 1994; and
July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1516 adopted on
July 18, 1997; and
November 21, 1997 and said resolution expanded the Airport Economic Development Area by
adding Expansion Area No. 5; and
February 19, 1999 and said resolution expanded the Airport Economic Development Area by adding
Expansion Areas No. 6, 7, and 8; and
March 5, 1999; and
October 20, 2000 and said resolution expanded the Airport Economic Development area by adding
Expansion Areas No. 9 and 10; and
October 20, 2000; and
February 16, 2001 and said resolution expanded the Airport Economic Development Area by adding
November 1, 2002 and said resolution expanded the Airport Economic Development Area by adding
Expansion Areas No. 12, 13, 14 and 15; and
March 7, 2003; and
July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding
November 7, 2003 and said resolution expanded the Airport Economic Development area by adding
December 19, 2003 and said resolution expanded the Airport Economic Development area by adding
Expansion Area No. 18;
July 2, 2004; and
October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding
November 5, 2004; and
March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding
2
July 21, 2006; and
August 25, 2006 and said resolution expanded the Airport Economic Development Area by adding
December 15, 2006 and said resolution expanded the Airport Economic Development Area by
adding Expansion Area No. 22; and
WHEREAS, Resolution No. 919 was further amended by the Resolution No. 2348 and
Resolution No. 2351, adopted on June 19, 2007 and July 20, 2007 respectively and said resolution
expanded the Airport Economic Development Area by adding Expansion Area No. 23 and
consolidating the Sample Ewing Development Area (the “Consolidated Area No. 1”) into the Airport
Economic Development Area; and
July 20, 2007; and
September 7, 2007; and
May 16, 2008; and
WHEREAS, the Development Plan includes a list of parcels of property to be acquired; and
WHEREAS, it is necessary to modify the list of parcels of property to be acquired by adding
additional parcels of property to the acquisition list; and
WHEREAS, the Commission previously adopted the Development Plan and now desires to
amend the Development Plan to provide for the acquisition of the parcels of property set forth in
Exhibit A; and
WHEREAS, on June 5, 2009, the Commission authorized the Department to conduct
surveys and investigations and to thoroughly study the Airport Economic Development Area within
the City;
WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations
3
and has thoroughly studied the Airport Economic Development Area and the Development Plan; and
WHEREAS, upon such surveys, investigations and studies having been made, the
Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the
ordinary operations of private enterprise without resort to the powers allowed under the Act and that
the public health and welfare will be benefited by the accomplishment of the Plan Amendment
which shall include the acquisition of the properties identified in Exhibit A; and
WHEREAS, the Plan Amendment conforms to other development and redevelopment plans
for the City,
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH
BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS:
1.
The Commission hereby determines that to accomplish the redevelopment of the Area,
it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and
incorporated herein.
2.
The Commission hereby determines that the public health and welfare will be
benefited by the accomplishment of the Plan Amendment.
3.
The Commission hereby determines that the accomplishment of the Plan Amendment
will be of public utility and benefit as measured by:
a)
the attraction or retention of permanent jobs;
b)
an increase in the property base;
c)
improved diversity of the economic base;
d)
other similar public benefits.
4.
The Commission hereby determines that the estimated cost of acquisition and
redevelopment of the property being added to the acquisition list is $2,996,000.00.
5.
The Commission hereby determines that the Plan Amendment conforms to other
development and redevelopment plans for the City.
6.
The maps and plats of the Airport Economic Development Area, showing the
boundaries, the location of the various parcels of property, streets, alleys and other features affecting
the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to
be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the
Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by
the Commission.
4
7.
The Secretary is hereby directed to file a certified copy of said Development Plan, as
amended, with the minutes of this meeting.
8.
The officers of the Commission are hereby directed to submit this Resolution,
together with supporting data, to the Area Plan Commission and the South Bend City Common
Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan
Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be
submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act
and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the
Act.
9.
All orders or resolutions in conflict herewith are hereby rescinded, revoked and
repealed in so far as such exist.
10.
This Resolution does not affect any rights or liabilities accrued, penalties incurred,
offenses committed or (except as otherwise provided herein) proceedings begun before the effective
date of this Resolution.
11.
All other findings, determinations and conclusions in Resolution No. 737, as
amended, shall remain as stated therein.
12.
The United States of America is hereby assured of full compliance by the South Bend
Redevelopment Commission with regulations of the Department of Housing and Urban
Development effectuating Title VI of the Civil Rights Act of 1964, as amended.
(Balance of page intentionally left blank)
5
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
July 14, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
______________________________
Signature
______________________________
ATTEST:
______________________________
Signature
______________________________
6
EXHIBIT A
TO
RESOLUTION NO. 2552
AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA
DEVELOPMENT PLAN
Address
412 E Sample Street
313 E Ohio Street
Property Owners
Tax Key #
Description
Habitat for Humanity
18-7008-0300
Business
New Hope Missionary Baptist
Church
Church
Residential
1500 S Taylor Street
Arnold & Sally Dorey
18-7008-0301
18-7008-030301
18-7008-0302
18-7008-0303
18-7008-0304
18-7008-0305
18-7008-0306
18-7008-0307
18-7008-0308
18-7008-0309
18-7008-0310
18-7008-0311
18-7001-0007
18-7001-0039
18-7001-000301
18-7008-0279
18-8001-0003
18-8001-0004
18-8001-0005
18-8001-0006
18-8001-0007
18-8001-0008
18-8027-1082
J & W Properties LLC
18-8027-1083
Residential
Bill Wooley
18-8027-1084
Residential
Calvin Peterson Sr.
18-8027-1090
Residential
531 W Indiana Ave
John & Jeanette Lymburner
18-8027-1091
Residential
527-529 W Indiana Ave
18-8027-1092
Residential
525 W Indiana Ave
Robert Williams & Sharon
Pehling
Jean Winterrowd
Residential
521 W Indiana Ave
Willard & Geneva Parchman
18-8027-1093
18-8027-109301
18-8027-1094
509 W Indiana Ave
Geraldine White
18-8027-1096
Residential
505 W Indiana Ave
Francis Gay
18-8027-1097
Residential
411 W Indiana Ave
Engel Ventures LLC
18-8027-1100
18-8027-1101
18-8027-1108
Industrial
222 E Sample Street
Philip Magaldi
230 E Sample Street
Rick Singleton
914 S Lafayette Blvd
Air Gas Inc
7
Business
Business
Business
Residential

July - St. Joseph County

Transcription

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