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HomeMy WebLinkAboutConfirming Tax Abatement - Notre Dame Avenue & Wayne St. - Kendall-Weiss, LLPRESOLUTION 3788-07 Passed by the Common Council of the City of South Bend, Indiana September 24, Attes Zo 07 City Clerk ,e dent of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 25, 20 07 Approved and signed by me SP~t nmhor ~~ 20 ~~ City Clerk RESOLUTION NO. 3 7 $ g- O~ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 219, 222, 224, 228, 231 South Notre Dame Avenue and 827 East Wayne Street AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 219, 222, 224, 228, 231 South Notre Dame Avenue and 827 East Wayne Street, South Bend, Indiana, and which is more particularly described as follows: Parcel l: A lot or parcel of land described as follows: Commencing at the southeast corner of Lot three hundred thirty four (334) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, thence running west on the south line of said lot, 82 1/2 feet: thence north 33 feet; thence east 82 '/: feet to the east line of said lot, thence south 33 feet to the place of beginning. (T'ax ID #18-6003-0074) Also the east '/z of the lot numbered three hundred thirty-five (335) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, recorded May 4, 1860 in the office of the recorder of St. Joseph County, Indiana, in Plat Book 1, Page 49. (Tax ID # 18-6003-0075) Parcel II: The south half (1/2) of lot numbered three hundred thirty three (333) as shown on the recorded plat of Samuel L. Cottrell's first addition to the town of Lowell, now city of South Bend, Indiana (Tax ID # 18-6003-0070) Parcel III: The north half of lot numbered three hundred thirty four (334) as shown on the recorded plat of Samuel L. Cottrell's addition, also known as Samuel L. Cottrell's First addition , to the town of Lowell, now a part of the City of South Bend, in 5t. Joseph County, Indiana (Tax ID # 18-6003-0071). Parcel IV: The north half of lot numbered five as shown on the recorded plat of Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's First addition to the town of Lowell, now a part of the City of South Bend (Tax ID # 18-6007-0172). Parcel V: The south half of lot numbered four (4) in Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the City of South Bend, excepting therefrom a lot or parcel of land 42 '/: feet in width, east and west, taken off of and from the entire width of the east and thereof. (Tax ID # 18-6007-0170). Parcel VI: Part of lot numbered four (4) as shown on the recorded plat of Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, in St. Joseph County, Indiana, described as beginning at the northwest corner of said lot numbered 4; running thence east 122.5 feet; thence south 33 feet; thence west 122.5 feet; thence south 33 feet; thence west 122.5 feet to the east line of Notre Dame Avenue in the city of South Bend ;thence north along the east line of Notre Dame Avenue, 33 feet to the place of beginning. (Tax ID # 18-6007-0169). Parcel VII: A lot or parcel of land forty -two and one half (42 '/:) feet in width, east and west, taken off and from the entire width of the east end of lot numbered four (4) as shown on the recorded plat of Adam Barman's subdivision of large lot numbered twenty-one (21) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, (Tax ID # 18-6007-0171). Parcel VIII: The north one half of lot numbered three hundred thirty three (333) as shown on the recorded plat of Samuel L. Cottrell's addition to the town of Lowell, now within and part of the city of South Bend, together with the south one half of the vacated alley lying north and adjacent to said lot numbered three hundred thirty three (333). (Tax ID # 18-6003-0069). 2 and this property has Tax Key Numbers as shown above, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;'and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form 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 that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. 3 SECTION III. The Common CounciLalso hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se . SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 2~ M of the Comm o ncil Filed In C1er~'S Office AU G 1 5 2007 JOAN Sp gEND,1N. C~(Y CLERK, NOT APPROVED 4 ADOPTED ~ - Zu J °, 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOU'T'H BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fax 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR August 15, 2007 Council Member Derek Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: KENDALL-WEISS, LLP Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Kendall-Weiss to build (6) six, single-family homes in an urban infill development located on 0.96 acres on South Notre Dame Avenue and 827 East Wayne Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build (6) six, single-family homes at a total cost of $1,170,000. The project meets the qualifications for a (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, September 10, 2007. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-9278. Sincerely, ~ ~~L Kathy Ha Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks Bob Mathia COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT ' 574/235-9660 574/235-9371 ELIZADETH LEONARD Fax: 574/235-9697 574/235-9371 TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KENDALL-WEISS, LLP 219, 222, 224, 228, and 231 South Notre Dame Avenue and 827 East Wayne St. DATE: August 15, 2007 On August 15, 2007, a petition for residential tax abatement consideration for real property located at 219, 222, 224, 228, and 231 South Natre Dame Avenue and 827 East Wayne Street was filed with the City Clerk by Kendall-Weiss. Pursuant to Chapter Z, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Kendall-Weiss intends to construct (6) six, new, single-family homes on approximately 0.96 acres of land. The homes will consist of approximately 1,800 square feet and will include three bedrooms, a basement, and an attached two car garage. The average cost of the homes will be approximately $195,000. Possible infrastructure improvements will consist ofnew curbs and sidewalks, replacement ofwater service taps, and asphalt resurfacing of the alleys. Total taxes to be abated during the five-year (5) abatement period is estimated at $10,262 per home for a total tax abatement of $61,572 for the 6 homes. TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KENDALL-WEISS, LLP 219, 222, 224, 228, and 231 South Notre Dame Avenue and 827 East Wayne St. DATE: August 15, 2007 On August 15, 2007, a petition for residential tax abatement consideration for real property located at 219, 222, 224, 228, and 231 South Notre Dame Avenue and 827 East Wayne Street was filed with the City Clerk by Kendall-Weiss. Pursuant to Chapter 2, Article 6, Section 2-77.I of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Kendall-Weiss intends to construct (6) six, new, single-family homes on approximately 0.96 acres of land. The homes will consist of approximately 1,800 square feet and will include three bedrooms, a basement, and an attached two car garage. The average cost of the homes will be approximately $195,000. Possible infrastructure improvements will consist of new curbs and sidewalks, replacement of water service taps, and asphalt resurfacing of the alleys. Total taxes to be abated during the five-year (5) abatement period is estimated at $10,262 per home for a total tax abatement of $61,572 for the 6 homes. 5 YEAR 15-Aug-07 Kendall Weiss, LLP $195,000.00 Soufh Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost) LAND (assume $10,000) Gross Assessed Value Less Mortgage Exemption Less Standard Homeowners Deduction Base Assessed Value 195000 Total Taxes Tax Abated** Tax Paid*** 165,750.00 165,750.00 165,750.00 10,000.00 N/A N/A . 175,750.00 165,750.00 165,750.00 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 137,750.00 127,750.00 127,750.00 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less SRTC: 21.6906% Less Homestead Credit: 32.0670% Net Tax N/A N/A (74,880.00) N/A (52,870.00) N/A N/A N/A 10,000.00 137,750.00 74,880.00 62,870.00 5.1524% 5.1524% 5.1524% 7,097.43 3,858.12 3,239.31 (1,539.48) (836.85) (702.63) (1,782.27) (968.83) (813.44) 3,775.69 2,052.44 1,723.25 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 137,750.00 3,775.69 2,052.44 1,723.25 2 137,750.00 3,775.69 2,052.44 1,723.25 3 137,750.00 3,775.69 2,052.44 1,723.25 4 137,750.00 3,775.69 2,052.44. 1,723.25 5 137,750.00 3,775.69 2,052.44 1,723.25 5 year totals: 18,878.43 10,262.19 8,616.24 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Reai Property tax abatement consideration and pursuant to I•C 6-1.1-12.1-1, et se .and South Bend Municipal Code Sec. 2-76 et seq.• for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of zooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): ~fEE !o P2ot~os~.i~ S1~16.~E Fi4N1l~~„ 1~4fl~u-~S 15~} UR4~) (t.~ ~tt,t_ C~EJF-WPM~~J'i'~ JACA-~ ~~ oN C~ qto A~.~¢F_-5 'fiJ.~ t-F~,~F 5 W~~,t, [ice +l 14~Oo ~~~n~~- F-~; ~ccc,u~~ul~ j3A~SEME-NTS poSSt3e.E ll~~~~d'~~~+ v/~ tMP/tOJEM~NTS t~ ~D~rr.~ti.l "r'b 1J~h! t~ME G~..+s't~2vcr~~ti/ Wu-t..~ LNG4v0~. NEw ~~~ fM~t~ SiDEwi9a.K-C i2_ FQt.I~.~/v~E,~'i~ caF' !•~A-~-F1L ~iLV1Gt ,~A-t~5, ~4N~ f~SPf4At,.i 2CSvRFAtsN4 of- s~i~ ~~'~5 SyGi~ tNF~~L REsio+~r-r+~L pE~lE~.oPME~ !S J~ra~ Try Tx.~ ury /{-,uta ss ~ Kid oC3se:cnv~. wmt!-.~ ~~rY ~l.A~J. 2. Estimate the dollar value of the construction project (do not include land cost): $ ~'7Cv,ooo 3. The Teal property for which tax abatement consideration is petitioned (Properly} is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has fled with the Securities and Exchange Commission): Name Address 4~oA~w W~.Ss .tre-p SZS_E. 4. The commonly known address of the Property is: SEA P~~~t1F-ice ~ tlf.~' and having tax key no.: SEE /~'T''i "Atrl~~p SFIf.~'~ (use additional sheet far multiple addresses or key numbers). 5. A legal description of said Properiy(s) is attached hereto, marked Exhibit "A", and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit "B", and is incorporated herein. 7. The current assessed valuation of the property before construction is $ SEA !~'it'AGKbD (use additional sheet for multiple addresses). (This infomTation may be obtained from the St. Joseph County Assessor's Office 235-9523) 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, aze attached hereto, marked Exhibit "C", and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): SF•~ AarAG+I,E~ SN.f~T (This information maybe obtained from the St. Joseph County Treasurers off ce 235-9531) 10. What is your best estimate of the after completion market value of the property: $ l~l~O,Aoy 11. No building permit has been issued far construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List o then a nticipated p ublic f financing f or t he p roject, i ncluding a ny a ssistance t o b e s ought o r already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: so~° e.~s'C' s~.cQ2,=. '~-R- 'ice- G1/i6 f4~J~ SrO~.v~tR~c.K- Rc.t't.A-~iEe~~vT' ';f~ouGt'i- 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: A ~.-~v~ti~.~ -iv "r"'m~ en~-r wm'L.~ ~•} Ti1Q[~] t 11~L ~-tlr2Lll.~F 'i'~~ GiT`/S (~opuWkTlPN rrnlt~ 'i'Y~~ (3A-5~ AyS~~ SJlt~ 1~JF1t~ p~V~t,oPMF~'r i11~~ 'i~~ ~c'CbN'7'~!~\... To SP/ad-YC~ apD~['Iv,JA-tom. ~1E11a~1~bo2K+~~b 2BY-Ttact,.12A~~tJ G~T~' 1~i S . 14. The current use ofthe property is 41~..3G,t.E-~rL-1 f~s~a~r~,~~. A~NO ~i~~'~ and the current zoning is MFZ- ,_ {use) and r. _ (height and area). '~ uT'1 to~'~~t~- ~s ae~ t~E~`'n'~ F-'a "~ (This information maybe obtained from the Building Department 235-9553) REZ'rJ~ Tom`-' ~° PFR~ . rp sFz. 15. The property is located in the following Allocation Area {if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): ~~ 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name ,P-K3~nJM/~~ul~ ta,~sv~r~-STt t.L,~.. DE2~~ Sart<1tti ~-tGP Address ?So Lt~,lco~.w~ 1n/,a-i E~s~' City, State, Zip Cau-na QPnJt, l~ 4-~-~~ot Telephone ~s~4~ Z~Z 8700 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area.described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that th qualifications for a residentially distressed area have been met, and confirm such resolution. _ ~`~~~~~ vG 1 c~ . c~`-'' G~ Name of Property Owner(s): 821A~ N It LI,ElL ~ ~ P o F DPERA'~-a~.LS By. (Signature) {Typed or printed name and capacity Z Tax Key Number Property Address Assessed Valuation* Land Improvements Total Taxes Paid 2006** 2005*** 18-6003-0069 219 S. Notre Dame Ave. $8,300 $27,900 $36,200 $488.25 $384.72 18-6003-0070 Vacant Lot $6,500 $0 $6,500 $325.59 $101.59 18-6003-0071 Vacant Lot $6,500 $0 $6,500 $325.59 $101.59 18-6003-0074 231 S. Notre Dame Ave. (Vacant) $4,600 $0 $4,600 $133.14 $126.50 18-6003-0075 827 E. Wayne St. (Vacant) $9,200 $0 $9,200 $318.74 $302.86 18-6007-0169 222 S. Notre Dame Ave. (Vacant) $5,600 $0 $5,600 $181.56 ~ $172.52 18-6007-0170 224 S. Notre Dame Ave. (Vacant) $2,000 $0 $2,000 $32.28 $30.66 18-6007-0171 Vacant Lot $5,300 $0 $5,300 $165.42 $157.18 18-6007-0172 228 S. Notre Dame Ave. $7,300 $19,100 $26,400 $1,008.70 $958.42 Total $55,300 $47,000 $102,300 $2,979.27 $2,336.04 *Before construction and improvements. **Taxes paid 2007. ***Taxes paid 2006. All ~ ~ 5 2007 ~,~;:~gz,`,E ~,j~ii1 '~ Q ':Y'iQ S~ _ r.:~.r,.` cJ EXHIBIT A LEGAL DESCRIPTION PARCEL I: A LOT OR PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT THREE HUNDRED THIIZTY-FOUR (334) IN SAMUEL L. COTTRELL'S FIlZST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, THENCE RUNNING WEST ON THE SOUTH LINE OF SAID LOT, 82 1/2 FEET; THENCE NORTH 33 FEET; THENCE EAST 82 1/2 FEET TO THE EAST LINE OF SAID LOT, THENCE SOUTH 33 FEET TO THE PLACE OF BEGINNING. (TAX ID # 18-6003-0074) ALSO THE EAST HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIRTY-FNE (335) IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, RECORDED MAY 4, 1860 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 1, PAGE 49. (TAX ID #18-6003-0075) PARCEL II: THE SOUTH HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIRTY-THREE (333) AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW CITY OF SOUTH BEND, INDIANA. (TAX ID # 18-6003-0070) PARCEL III: THE NORTH HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIRTY-FOUR (334) AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION, ALSO KNOWN AS SAMUEL L. COTTRELL'S FIRST ADDITION, TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA. (TAX ID # 18-6003-0071) PARCEL N: THE NORTH HALF OF LOT NUMBERED 5 AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. (TAX ID # 18-6007-0172) PARCEL V: THE SOUTH HALF OF LOT NUMBERED FOUR (4) IN ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDTION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND; EXCEPTING THEREFROM A LOT OR PARCEL OF LAND 42 1/2 FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST AND THEREOF. (TAX ID # 18-6007- 0170) PARCEL VI: PART OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDNISION OF LARGE LOT NUMBERED 21 IN SAMUEL L. COTTRELL'S FIlZST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED 4; RUNNING THENCE EAST, 122.5 FEET; THENCE SOUTH 33 FEET; THENCE WEST 122.5 FEET TO THE EAST LINE OF NNTRE DAME AVENUE IN THE CITY OF SOUTH BEND; THENCE NORTH ALONG THE EAST LINE OF NNTRE DAME AVENUE, 33 FEET TO THE PLACE OF BEGINNING. (TAX ID # 18-6007-0169) PARCEL VII: A LOT OR PARCEL OF LAND FORTY-TWO AND ONE-HALF (42 1/2) FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST END OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. (TAX ID # 18-6007-0171) PARCEL VIII: THE NORTH ONE-HALF OF LOT NUMBERED THREE HUNDRED THIRTY-THREE (333) AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL, NOW WITHIN AND PART OF THE CITY OF SOUTH BEND, TOGETHER WITH THE SOUTH ONE-HALF OF THE VACATED ALLEY LYING NORTH AND ADJACENT TO SAID LOT NUMBER THREE HUNDRED THIRTY-THREE (333). (TAX ID # 18-6003-0069) SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. THIS DESCRIPTION WAS PREPARED BY DEREK J. SPIER, A.LC.P. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON AUGUST 3, 2007; THIS DESCRIl'TION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. ~~~~~~ ~a ~~ 5 [ Jl X541 A4G .~ 5 ^041 r IG5 3I rGS ~5 -0350 ~ ~ a -a3sl ~ '10 ~ _° ZIJ 7 m0 0 ` u IG5 IoA.S BLVD. 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Ia.1 .. ~ ~r aa.a N 43 ~ .. ~ DD 55 s. I Io51 I ' I^G5 t o n s s ~ .°~ ~~~ a l o l I q cuv v ~ V ~ $ al ~SI °I~ ~' o -I ° ~olea.os71 - s-oles.ol ,Y IIrR 8 4 moo- m n «~ n T ~~ J L ° ~ o I c r-- b V i.. c cS~ 7~ 7 1 I ~¢ I its ~~ ~ •oola ro , 3 + ~ x-oleo (0•oraa .. w /7-oraG s ~P 'v c ~ t'~ . ., 2 ~ Q o 11-0197 ° a l o °' /8'0149 • fi~:~ '~':?~;~ ~ 338-0096 344-0103 0 ~' m v' T` ,c/9•oNa '-° 7 IG5 nt.oc - _ -_ loo as ST u „~ ~ a -0/GGO3o t7 C / • v ~ '.~~ Ito o L.-'eE - ~ ~O a0 /O N' j`r 339-0097 345-0104 ~ ~ ~ -aGG z2 V „, t ~ ; I ~ IoAO•ola9 ,~ ~ w ~ ~ ~ 0 0 $~ n °n a 2/•or o• ~;~ f- ' le-soot 346 :; ~ ~ ~ }son ~~,AO G.TW. 30 4 ~ h p,•oroLdt 3•oraa' ;;F'~ 'i -0lGG.oQ G al r . ;..~_a~.R / 1 R.WwJ C•Ad,Y 1.004 ~ ,.., :;.r:~ j 34! 8 347 Ro_a, GG ~ ~ ~'~°o'' ~9b,~.~ ", ~ /GS -001 - - __ _ _ - _ - ___ _ I CoprrlOM 1988 ' DOlt601 ~, J ~i THE 91DWELL COMPANY i,~ y 8-/2H .} a~;. ,;~ PORTAGE TWP 8-I 2D E.~Iz N.E!/a SEC. 12 T.37N. R.2E. ~, L . cogs-a.EUs `'~ ~tRST ptDDIT-orJ '; ~ Y ` I c` I ;~ Tw ~R~,Oo.. I ,cS~A~o`~4 I „~~;`f;~f `' ~ x,65' I ,• ~. ~~. I I I I ---------------------; ~sc~ I I I I "'' :r' ~w'c'1,,' I ~qU '., ",~ `~,' ~ w " I I I I I I I I I I I I I ,c' f^''F~j',o I c' ~~~•,~~~ I I I I I I I I I `~5~~ 4` I ,;,.2,~~ ,,, ~;,.,~ I I I I I I I I EyL1}I(~IT 1G )h vvy 3 t0 v w Z Q w W O Z O I I I I r----------------------------1 I 'E"Fs~,~;'~~~ I ~ I ~~a~,F "DD~~6~ I I ~ ~ '~: I i ~ '~,~' I I I I I I I I I I I I I L-------------1----------------------------J 14'`MDE ALLEY R/W N69'56'09'E 165.00' ~' 1 .00 ~ $ ~<~ aunor'A' B aW N ~ ~ S89'S6'09'W ` 165.00' I g I I I I ~ I T °o $ m m 0 O VV a 1 pj s 3 8 ~ ~ ~ W 5 Q p _ _ I y - - - - S89'S6'D9'W - - - 444 P g I I i 765.00' t~X I 9 I m o o 'n to I o ~ ~ ~ o ~ I 2 STORY ~ I I RESIDENCE ~ 165.00' 58938'09'W 165.00' CSEE E~1+161T `'GN~ I I I I I I I I I I I I I I I I I I I I I I -----------------------------7 I I I I I I I I I WAYNE STREET (82.5 R/W)' I I I r-------------- I I I I G~ g ~q:,Y~' r ~ 7~;~1~ o:,. I I I I I L-------------- I I I I I ~~: ' ~r~„N,5 „~,?',Y rJrM ?V 0~ ` I I I I I I I I I I I I I . " ~,.~", ys. I P~"M5 ?G. ' I I I I F-------------- I I I I I I I I I I I L-------------- LEGAL DESCRIPTION: A PART OF THE EASE HALF OF THE NORTHEA9T QUARTER OF SECDON 11, TOWNSHIP J7 NORTH, RANGE 2 EAST, GTY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, INCLUDING LOT 4 AND A PART OF LOT 5 BOTH WITHIN AOAN BARNAN'S SUBDINSION OF LARGE LOT NUNBERED TNENTY-ONE (21)IN SANUEL L COTTRELL'S FlRST ADDITION TO THE TOWN OF LOWEl1, NOW A PART OF THE GTY OF SOUTH BEND, RECORDED IN PLAT BOON 2, PAGE 71 IN THE OFFlCE OF RECORDER OF SAID CWNTY, AND NORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 89 DECREES 56 NINUTES 09 SECONDS WEST, A DISTANCE OF 165.00 FEET TO THE NORTHEAT CORNER OF SMD LOT 4; THENCE SOUTH 00 DEGREES 00 MINUTES OD SECONDS EAST, A DISTANCE OF 99.00 FEET; 1HENCE SOUTH 89 DECREES 56 NINUTES 09 SECONDS WEST, A DISTANCE ~ 165.00 FEET TO THE EAST RIGHT-OF-WAY UNE OF NOTRE DANE A4ENUE; THENCE NORTH 00 DEGREES 00 NINUTES 00 SECONDS WEST ALONG SAID EAST PoGHT-OF-WAY LINE, A DISTANCE OF 99.00 FEET TO THE PgNT OF BEGINNING, SAID DESCRIBED PARCEL CONTAINING 0.375 ACRES NORE OR LESS. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COTENANTS AND RESTPoCTIONS aF RECORD. STREET CLASSIFlCATIDN: ARTERIAL ...... NOTRE DANE A4ENUE - 66' R/W COLLECTOR ...... WAYNE STREET - 62.5' R/W " '~'r~ AUG 1 5 2001 „~;I;•r,~,~°~,.r `Il~ POWER POLE QT TELEPHONE RISER -~~~ W000 FENCE --cos--- E%IS71NG CONTOUR PER U.S.GS TOPOGRAPHIC CONTOUR NAPS AND THE NICHIANA AREA COUNgL OF GO~ERNNENTS GEOGRAPHIC INFORNAlION SYSTEN ~.^ uA i, ~~.~ ~o a 0 1,~~ ^t€P ~ ~ ~._ 1Pk" i ( jJ V~~1 ~ ~ ~ ~~ . " ~ !~pp~~ w-x y~ ~ ~ 1 ~ t LOCATION lAAP SCALE; 1•.Jppp' w c s ~w++alr 116,1 ~3 0~ 4 ~~ E=~15~~~, MPAoJFJV1E,JTS ~~Sr SIDE of n~o, aE pAAnE /}dEn1~E WEISS HOMES NOTRE DAME AVENUE MINOR #2 SUPPORT DATA SHEET Deuslopr / omer. Kendan w"r:A tLP 828 E Jefferson Blwl. SoutA Ben4 IN 46617 c GENERAL DATA: .-J --, I I I I I I I I I I I I I I I I I I I I I 1 I I I --~ --~ I I I I I I I I I I I I I I I I I I --J j , 0; C a F'~~~: 1 ,~~w+;`Ss`~~9 I I I I I I I-------------- I I j I `~• 1~,U`T M , 826 EAST JEFFERSON I I W~.+-`~`'K~S ERST '~ ~"' BOULEVARD I ;~, e°S58 I L----------------,- I ~ ~ ~~.r,N ,},s ~~ ;,, .~;w I I SB958'S0'E 164.99' 7 ING~SS /EGRESS EASEHENT (VACATED ALIFY~ ----------------------- w q i3 z 2 rc 0 5~~ „„rP~ , I ~ ~ ~ ~'---- L-----; ----~ -- _- I ~ I ~ I I s m I I I I I I W ~ S ~ z ~ S,~~SI~p ~ I I 7 ~ I I I I I I I I I I L-----------1. 4 I I I -------J I I -------a SETBACK I I I I I I I I I I I I I I I I I I M~5 ~ ~;5'~ i r+"" 7;Str'° ~ v0' ~ ~ 6 0%~ a'~~ i I I I I I I I PARIONC AREA SCREENING I I I Y HIGH HEDCEItOW PARKING FOR I L_____________,1 _ VA55 OFFlCE 12' ONE WAY ACCESS O Q --- . p OU11.0T 'A' 1 TYPE 'B'-PARDAL SCREENING i ~ 5 (2) EVERGREEN TREES FOR m EVQtY 25 FEET ff LOT LINE 6 ~I 16 , ml y m z i 6 I ~oawv~ w ioo.w ~ '`,N:S ~ ~~, I tip" ^" I I '~~ y ~ I I I i I I I I I I I I I I I I I I I I I L---------°-----------------°---------- I ---J d a w ~ °o P ~ ~ v 2 W 7 Z Q w Q O w O Z WAYNE STREET (825' R/1'~' --~ r-------------------------------------------i I I ~------------------------------------- I I I I I I I I I I I I I I ~ ~ Petitioner / property Owner(rk KendaN Wets; LLP 828 E Jefferson BAd SouN Ben4 IN 46617 VKtar k Iw Nerada 101 S NMon SL New Bukalq L6 491f7 Dewkpea Kenda9 Wab; UP 828 E Jekerson WwL South Bmd IN 46617 Prepared Bg Abmmorche Conwkalt; LLG 750 L)rrcoln Woy East South Bend 1N 46601 L_ r- s o I ~ I I L_ 1. TOTAL AREA; 42,002 S0. FL (0.964 ACRES) 2 EXISDNC ZONING CLASSIFlCADON: 'HF2' NULD-FANILY HK9t DENSITY DISTRICT 3. PROPOSED ZONING CLASSIFlCATION: 'Sf2' 9NGlE FAHILY AND IYAT FANILY DISTRICT FOR LOTS i-7 ~ 'HU' HIXED USm DISTRICT FOR OUILOT 'A' 4. PROPOSED LANG USE: SINGLE FANILY RESIDENTIAL FOR LOTS 1-7 ANO A COHNERCIAL PARKING LOT FOR OUTLOT 'A' S THE PROPOSED BURRING LOCATIONS, SIZES, DRNES, AND PARKING AREAS ARE AFPROXIHATE AND SUBJECT TO CHANGE PPoOR TO FlNAL SITE PLAN APPROVAL 6. THE PROPOSED SIIE MALL BE SERVICID BY dTY Cf SOUTH BEND WATER AND SEWER 7. ALL LANDSCAPING AND SCREEMNC SHALL BE IN ACCORDANCE K17N SECTION 21-07.01 OF THE dTY ZONING ORDINANCE UNLESS THE PROPER VARANCES ARE GRANTED, 8. ALL SETBACKS SHALL HEFT 1HE APPLICABLE PROWSIONS OF THE ZONING ORDINANCE UNLESS THE PROPER VARIANCES ARE CRANIID. 9. 1HE BOARD OF ZOMNC APPEALS SHALL BE PEDDONm TO ALLOW FOR REDUCED FRONT ANO SIDE YARD SETBACKS FOR LO7S t-7 AND AND REDUCm SETBACKS FOR 1NE PARIONC AREA Vd1HIN DUTLOT'A'. LANDSCAPE VARIANCES HAY ALSO BE REWIRED FOR 7HIS OUTLOT. TABULATED DATA: LAND USE RATIO SUMMARY: SWARE FOOTAGE ACREAGE PERCENTAGE AREA t)F BUILDINGS 9,702 Q223 AG 27X AREA Cf PARKING 7,455 0171 AG iBX AREA OF OPEN SPACE 24,845 0.570 AG 59X DEVELOPED SITE 42,002 Q964 AG 100X 6 DWEILNC UMTS / 0.964 ACRES .6.22 DWr1LNG UNFlS /ACRE ALL RUBBINGS KILL BE TWO STOPoES IN HEIGHT. PARKING: REQUIRED: RESIDENDAL • 1 SPACE PER DKflUNG UNIT % 6 . 6 SPACES PRONDED: 2 SPACES K17HIN GARAGE 2 SPACES HINIHUN KITHIN DRIVEWAY 4 PFR OWEIIING UNIT x 6.24 SPACES • PARING SPACES Yd1MN OUTLDT 'A' ARE ADDITIONAL SPACES PROWOED FOR THE OFFlCE USE AT 828 EAST JEFFERSON BOULEVARD, LEGEND Q7 NUNBER OF PARKING SPACES TYPE B - PARTIAL SCREENING (2) EVERGREEN TREES FOR EVERY 25 FEET OF LOT LINE ,,,,,, OFF-STREET PARKING AREA SCREENING CONPACT HEDGE PLANTED 3 FOOT ON CENTER 1 I IT rr~l Ca ot= q' Rr~PoSGD I~1PQoYF NIF.+,tfs ~~aa , , !„ ~'~~ ~ ;Fr~ ~~~ t,F~s;s6. t. l ~~ ~->+.: __--- --- -- BUG 1 5 2001 C~ "r `,k L' c:D, I~ LEGAL DESCRIPTION: -----------------1 I I ~ I I r I I I I i I ~ N, ~;c5 FE°",~~"'° I I I I I r ; ~7' T~ `' ` ^~ . I I I ,.d N,^s I • ~ a-' c M ` ' ^ ~ F~ c= r 5'R• I . I 7.r M 5 ~' . ;`a c • p I , t o I F - . I „, a I ' I ,• I r•'C~, cS~R I ,x ySS .~„ c ;. -------------------------- j c,~ 5 FJ;~ ,O I I r F r ' ' , ~ ?h~ I I I , a I I I I I I ~0• .~~ I , I I I »----------------~ I ~ I I ---------------I---------------------------~ a21z' ro I I L--------------I--- I I 58956'S0'E 164.99' I BWLEVARO l ©j CSC ~Ifi61'f 'IG"~ - - -- - - - Y INGRESS EGRESS EASEMENT VACATED ALLE ~ ~ °0 1 2 STORY I °o ~ ^ ~,y I ~ ; a RESIDENCE I Y I r. ~ ; , ~ ?" (, F t C,' 2~ ' ` ~~ ,R.p~ ~ $ S0'E `-TO BE RAZED 58938 ~ „ • ~ I ~ W 165.03 .. I I I I W '•~ <P ~ I I I S o 'o ~ I I o 2 ° I -----------------~ § a I a ° o " ~---------------- I ~ I o j I ~ I I ' ' ' ?: Z 41 I I `.8 ~:„~ I , " S69 S8 S0 E 165 07 ~ QQ I ,, ., ,± . I r • a00~ I 82.5' N; ^ I ?~(`?G . I I BLDG 9 Z a ~ I I I c; ~ 31 LS BLDG °o ~w ~ I R . , i*~ I .,,~ , r ,G. ^~~ " ' ' I' I I ~ S89'S8 S0 E _------T---------1 ~'~ ~ ~ 8255 ---; -----~--- s --- i---------------- I I I I I I i I I g ~ I I I I I I I I I I I I I I I i I I I 'RV~"~ ,:t m n ^ P $ °0 4 o I I I Est I OT 5~^r,.~ , ~ I I I I I I I I I I ?" I I I --~ I I I I I I I 15' BUILDING SETBACK I I I I I (SEE NOTE ~1D) I I I I I I _------1---------J L- ----------L----- 8258' ---- ~ L---------------- N8938'S0'W 8258' ® C SEC E'FF11({1'{" ' G1', A PART OF THE EAST HALF OF THE NDRTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, qTY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, INCLUDING LOT 333 AND A PART OF LOTS 334 AND J35 ALL 1WTHIN SAMUEL L COTTRELL'S FlRST ADDITION TO THE TONN OF LOWEU• NOW A PART OF THE CITY OF SOUTN BEND, RECORDED IN PUT BOOK 1, PACE 49 IN THE OFFICE W RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 333; THENCE NOATH 89 DEGREES 58 MINUTES 50 SECONDS WEST, A DISTANCE OF 82.58 FEET; THENCE NORTH 00 DEGREES 01 MINUTE 35 SECONDS EAST, A DISTANCE OF 99.00 FEET THENCE NORTH 89 DECREES 58 MINUTES 50 SECONDS WEST, A DISTANCE OF 82.54 FEET TO EAST UNE OF A 14 F00T WIDE ALLEY; THENCE NORTH 00 DECREES D2 MINUTES 58 SECONDS EAST ALONG SAID EAST UNE, A DISTANCE OF 106.00 FEET TO THE CENTERLINE OF A VACATED 14 FOOT WDE ALLEY; THENCE SOUTH 89 DEGREES 58 MINUTES 50 SECONDS EAST ALONG SAID CENTERUNE, A DISTANCE OF 164.99 FEET TO 1HE WEST RIGHT-OF-WAY LINE OF NOTRE GAME AVENUE; THENCE SOUTN OD DEGREES 00 MINUTES 12 SECONDS KEST ALONG SAID WEST RIGHT-OF-WAY UNE, A DISTANCE OF 205.00 FEET TO THE POINT OF BEgNNINC, SAID DESCRIBED PARCEL CONTAINING 0.589 ACRES, MORE OR LESS SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. I 1 ~ ~ i. in ~ ~~ ~ ~•_ ~~i~~} .1 ~P `k. _. ~` ~ f ~ ~r 3`T J ice, D~ ~W x ~ ~ LOCATION IIAP WAYNE STREET (62.5' R/W) ,~g`~~ ~ ~~ n;_ ,~~ Q~~F~e Aug ~ 5 200 °,n"wc ~~13(1 wV, ^'~ ~Q. F.yl(Q~ IN GIT'f C'.,".,~- NOTRE DAME AVENUE MINOR #1 Dew:loper /Owner. Kenddl Weis; UP B2B E JeNenon Blvd. Soufh Bend, IN 46611 Owner. Victor & Iw Neroda 107 S Norlon St. New Bukolq MI 49117 1~. ~RE SITE ELEVATION IS 702 FEET ACCORDING TO THE U.SG.S. TOPOGRAPHIC CONTIXIR MAPS ANO THE MICHIANA AREA COUNCIL OF GOVERNMENTS GEOGRAPHIC INFROMAlION SYSTEM. STREET CLASSIFlCATION: ARTERIAL ...... NOTRE DAME AVENUE - 66' R/W COLLECTOR ...... WAYNE STREET - 825' R/W LES~NQ POWER POLE GATE POST ~- WOOD FENCE ~XI+1- g=~ L LZ of Q~ FXisTI~~ 1N1P/to~(EM6n1TS• lA1~Sr SIDE OP NoTRE TaAME ,4JEN~E WEISS HOMES