17-04 Resolution Supporting the Commerce Center Development

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17 Y1�1 [I700131 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE COMMERCE CENTER PROJECT LOCATED AT 401 COLFAX AVENUE, 230 AND 228 SYCAMORE STREET, AND 312 LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA WHEREAS, Commerce Center Development, LLC (the "Company ") owns certain real property and improvements located at 401 Colfax Avenue, 228 and 230 Sycamore Street, and 312 LaSalle Avenue (collectively, the "Site ") in the City of South Bend (the "City "), upon which the Company has proposed to construct a mixed -use development (the "Project "); and WHEREAS, the proposed Project is subject to all applicable laws, including zoning and land use laws; and WHEREAS, in compliance with applicable laws, the Project is expected to require certain zoning approvals before it may lawfully be constructed, including, without limitation, a variance from limitations on the height of any building constructed on the Site; and WHEREAS, the Common Council of the City of South Bend (the "Common Council ") is vested with powers and duties to effectuate the purpose of the City of South Bend Zoning Ordinance (the "Zoning Ordinance ") regarding the implementation of the Comprehensive Plan for the City of South Bend, and the Board of Zoning Appeals (the "BZA ") has the power and duty to hear and determine all variances from development standards of the Zoning Ordinance; and WHEREAS, during its regular meeting on December 12, 2016, the Common Council expressed its support for the Project and requested that the City and the Company reach a compromise height less than the twelve (12) stories proposed by the Company in its Planned Unit Development District Ordinance (Bill No. 41 -16); and WHEREAS, on the Company's current real property holdings, the Project is only financially viable at nine (9) stories or higher; and WHEREAS, the Common Council desires to reiterate its support for the Project, specifically at the proposed compromise height of nine (9) stories, or approximately one hundred twenty -seven (127) feet above street level and one hundred forty -three (143) feet with mechanical units; and WHEREAS, the Common Council desires to express its support for the expeditious approval by the BZA of a height variance for the Project prior to the June 15, 2017 final submission deadline for the Northern Indiana Regional Development Authority's review of the $4,909,604 allocation awarded to the Project through the Indiana Regional Cities Initiative; and