HomeMy WebLinkAbout41-16 Rezoning 2794-16 -Commerce Center (401 East Colfax Ave, 228 and 230 Sycamore Street) (2)a I
'S VA
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
LAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9S71
September 21, 2016
South Bend Common Council
4'i' Floor, County -City Building
South Bend, IN 46601
RE: Bill #41 -16
Rezoning: 2794 -16 — 401 East Colfax Ave, 228 and 230 Sycamore Street
Dear Council Members:
The Area Plan Commission held a public hearing on September 20, 2016 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday, September 26, 2016.
Ordinance & Petition Amendments:
The following changes have been made to the above referenced petition:
Ordinance & Petition:
1.) Legal descriptions and addresses were added to the petition.
2.) The owners name was updated on the petition.
3.) Legal descriptions and addresses were added to the ordinance.
A Copy of the revised Ordinance & Petition are attached.
Public Hearing Summary:
There was 9 persons that spoke in favor to the proposed rezoning. The general sentiment was that they
were in support of bringing a grocery store to the area, Mr. Matthews has done great things for the East
Bank, and that there is a need for more apartments downtown.
If you have any further questions, please feel free to contact me at (574) 235 -9571.
Sincerely,
aeAel��
Keith Chapman, Planner
CC: Kathleen Cekanski - Farrand
Filed in Clerk's Office
i
SEP 21 2016
KAREEMAH FOWLER
CRY CLERK, SOUTH BEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W . S T J O S E P H CO U N T Y I N D IAN A. C 0 M /AREA PLAN
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, September 21, 2016
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Commerce Center Development, LLC and East Bank South Bend Development LLC
to zone from CBD Central Business District to PUD Planned Unit Development District, property located at
401 East Colfax Avenue, 228, and 230 Sycamore Street, City of South Bend - APC# 2794 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Commerce Center Development, LLC and East Bank South
Bend Development LLC was legally advertised on September 8, 2016 and that the Area Plan Commission at its
public hearing on September 20, 2016 took the following action:
Upon a motion by Oliver Davis, being seconded by John McNamara and carried, a proposed ordinance
of Commerce Center Development, LLC and East Bank South Bend Development LLC to zone from
CBD Central Business District to PUD Planned Unit Development District, property located at 401
East Colfax Avenue, 228, and 230 Sycamore Street, City of South Bend, is sent to the Common
Council with NO 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,
Q
.
Lawrence P. Magliozzi
Attachment
Filed in Clerk's Office
SEP 21 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
CC: Commerce Center Development, LLC and East Bank South Bend Development LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T 1 0 S E P H C 0 U N T Y I N D I AN A.0 0 M I A R E A P L A N
Staff Report
APC #
2794 -16
Owner:
Commerce Center Development, LLC and East
Development LLC
Location:
401 East Colfax Avenue, 228, and 230 Sycamo:
Jurisdiction:
City of South Bend
Public Hearing Date:
9/20/2016
Requested Action:
9/9/2016
File
V icrk's office
ink Sout >�en
Street SEP., 21 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH RENO, IN
The petitioner is requesting a zone change from CBD Central Business District to PUD
Planned Unit Development District.
Land Uses and Zoning:
On site: On site is the Commerce Center and multiple parking lots.
North: To the north across LaSalle is The Pointe at St. Joseph Apartments zoned
CBD Central Business District.
East: To the east is the East Race waterway. Across the East Race are two office
buildings zoned CBD Central Business District.
South: To the south across Colfax is Stephenson Mills Apartments and a parking
lot zoned CBD Central Business District.
West: To the west is the AEP Substation, an art studio, an office and a cellular
tower zoned CBD Central Business District. Across Sycamore is a private
club zoned CBD Central Business District.
District Uses and Development Standards:
The Planned Unit Development (PUD) District is intended to: establish a compatible and
efficient mix of land uses and open space; ensure compatibility with the Comprehensive
Plan, surrounding developments and future development needs; establish a creative
approach in building design through architectural compatibility with adjacent buildings,
general neighborhood design or by creating a unique style; achieve flexibility and provide
incentives for development that will sustain a wider range of choice in satisfying the
changing needs of the community; and provide for any individual land or combination of
land uses not otherwise specified elsewhere in this Ordinance. The PUD District is not
intended for the development of residential subdivisions, Permitted Uses, or Special
Exception Uses which are provided for within any district of this Ordinance.
Site Plan Description:
On site is the existing Commerce Center building. The 5 story, 60' tall building will
continue to be used as a mixed use building. The site plan shows a proposed 175' tall
mixed use building spanning 411' along LaSalle Avenue and wrapping around a proposed
100' tall parking structure. A small portion of the site is proposed to be used for surface
parking and access. The proposed PUD Ordinance allows for uses currently permitted in
the CBD Central Business District plus adds Group Residences, Manufacturing Retailer,
Electricity Relay Station or Public Utility Substation, and Maker Space. The accessory
uses and architectural standards are consistent with the CBD District. The temporary uses
generally follow the guidelines of the CBD District, but add the allowance for an 8' tall
APC # 2794 -16 Page 1 of 4
Staff Report
Plan Implementation /Other Plans:
9/9/2016
The petition is not consistent with City Plan, South Bend Comprehensive Plan (November
2006) Objective UD 1.1 Require developments to utilize design techniques that create an
attractive, urban character for the Central Business District, corridors, and commercial
areas; UD 1.6 Respect the scale, design, and aesthetic quality of established neighborhoods
when undertaking infill development projects; UD 1.7 Promote urban design elements in
new developments that are appropriately scaled and conducive to pedestrians, including
pedestrian safety considerations.
2. Current Conditions and Character:
The Central Business District east of the river has a mixture of commercial, office, and
residential uses. The low and mid -rise buildings emphasize pedestrian scale, public
amenities, and lower density mixed -use buildings. The Commerce Center building is the
tallest structure in the area with the majority of the surrounding properties in the 30' - 45'
range.
3. Most Desirable Use:
The most desirable use is one that fits into the character of the East Bank Village
neighborhood.
4. Conservation of Property Values:
Due to the height and size of the proposed building surrounding property values may be
negatively affected. Developing a site that exceeds the general standards for the area by
two to three times what is allowed for other properties in the district could have a
significant impact on adjacent property values. If constructed at the proposed 175' height,
the building will cast significant shadows that will have an adverse impact on the
surrounding properties.
5. Responsible Development And Growth:
It is not responsible development and growth to develop a site that does not fit with the
character and approved plan of the surrounding neighborhood.
Staff Comments:
The petitioner failed to provide a statement of how the proposed PUD meets the 5 items of
Intent for Planned Unit Developments as required by the South Bend Zoning Ordinance
Section 21 -05 (a) (1). It is the staffs opinion that the petitioner failed to m1pet the Intent as
follows:
(A) Establish a compatible and efficient mix of land uses and open spaces;
While the proposed PUD provides for a compatible mix of land uses, the site layout as
shown does not convincingly address or identify the open space and its interaction with the
public spaces of the East Race, as should be appropriate for a development in this location.
(B) Ensure compatibility with the Comprehensive Plan, surrounding developments and
future development needs;
The extreme variation from the allowed development standards established for the
Central Business District east of the River and the high rise approach vs. village approach
to the building design make the proposed PUD incompatible with the Comprehensive
Plan, the East Bank Plan and the existing and proposed surrounding developments.
(C) Establish a creative approach in building design through architectural compatibility
APC 4 2794 -16 Page 3 of 4
office
Filed in e
PETITION FOR ZONE MAP AMENDMEN
Qty of South Bendd, Indiana LSER-212:ojR
I (we) the undersigned make application to the City of South Bend Common C uncil
ordinance as herein requested. KAREEN1AH FCi R-
1) The property sought to be rezoned is located at: CITY CLERK. SOUTW AENp, IN
Address(es) - 401 East Colfax Avenue, 230 Sycamore Street, 228 Sycamore Street, 312 LaSalle Avenue
South Bend, IN 46617
2) The property Tax Key Number(s) is /are: 018 -5003 -0059, 018 -5003- 006001, 018 -5003 -0060, 018 -5003-
006101,018 -5003- 0060,018 -5003- 0066,018 - 5003 - 005901
3) Legal Descriptions: PARCEL I.• THE EAST 2625 FEET OF THE NORTH 65 FEET OF LOT NUMBERED
FOURTEEN (14) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF
LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, RECORDED MAY 4, 1860 IN PLAT BOOK J, PAGE
455 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA,
PARCEL IT THE EAST HALF OF LOT NUMBERED FOURTEEN (14) AS SHOWN ON THE RECORDED PLAT
OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW WITHINAND A PART OF THE CITY OF SOUTH
BEND, RECORDED MAY 4,1860 IN PLAT BOOK J, PAGE 455 IN THE OFFICE OF THE RECORDER OF ST.
JOSEPH COUNTY, INDIANA, EXCEPTING THEREFROM THE NORTH 65 FEET.
PARCEL III.- LOT NUMBERED THIRTEEN (13) IN THE ORIGINAL TOWN OF LOWELL, NOW A PART OF THE
CITY OF SOUTHBEND, TOGETHER WITH THE VACATED ALLEYSOUTHAND ADJACENT AND ALSO THE
WEST 44 FEET OF THE VACATED BRIDGE STREET LYING EAST AND ADJACENT TO LOT 13 AND THE
VACATED ALLEYSOUTH.
PARCEL IV.- THE NORTH 65.00 FEET OF LOT NUMBERED FOURTEEN (14) AS SHOWN ON THE RECORDED
PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL AS RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY, INDIANA, EXCEPTING THE EAST 26.5 FEET THEREOF.
PARCEL V• A LOT OR PARCEL OF LAND 65.00 FEET IN LENGTH NORTHAND SOUTH TAKEN OFF OF AND
FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT NUMBERED FIFTEEN (15) AS SHOWN ON THE
RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF
SOUTH BEND, EXCEPTING THEREFROMA STRIP OF LAND 2 FEET IN WIDTH, EAST AND WEST, TAKEN
OFF OF AND FROM THE ENTIRE EAST END THEREOF.
PARCEL VI. A STRIP OF LAND 2 FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE EAST
SIDE OF THE NORTH 65 FEET OF LOT NUMBERED FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF
THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND.
PARCEL VII.• LOTS NUMBERED NINETEEN (19), TWENTY (20), TWENTY -ONE (21), TWENTY. Two (22),
TWENTY -THREE (23) AND TWENTY -FOUR (24) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL
PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. ALSO, THE FOLLOWING
VACATED ALLEY.- (BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED TWENTY -TWO
(22); THENCE EAST ON THE NORTH LINE OF SAID LOT NUMBERED TWENTY -TWO (22), TO THE
NORTHEAST CORNER OF SAID LOT, THENCE NORTH TO THE SOUTHEAST CORNER OF SAID LOT
NUMBERED TWENTY -ONE (21) TO THE SOUTHWEST CORNER OF SAID LOT NUMBERED TWENTY -ONE
(21); THENCE SOUTH 14 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH THE EAST 22 FEET OF
VACATED BRIDGE STREET LYING SOUTH OF THE SOUTH LINE OF LASALLE STREET AND NORTH OF THE
NORTH LINE OF COLFAX A VENUE.
PARCEL VIII.• A NON -EXCL USIVE EASEMENT AS SET OUT INA SPECIAL WARRANTY DEED BYAND
BETWEEN INDIANA & MICHIGAN ELECTRIC COMPANY, AN INDIANA CORPORATION AND EAST BANK
CENTER, AN INDIANA PARTNERSHIP RECORDED SEPTEMBER 29, 1980 AS DOCUMENT NUMBER 8015929
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA.
PART OF LOTS NUMBERED FOURTEEN (14) AND FIFTEEN (15) AS SHOWN ON THE RECORDED ORIGINAL
PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTHBEND, ST JOSEPH COUNTY,
'INDIANA, DESCRIBED AS BEGINNING AT A POINT 65 FEET SO UTH OF THE NORTHWEST CORNER OF
SAID LOT NUMBERED 15 ON THE WEST LINE OF SAID LOT, RUNNING THENCE SOUTH WITH SAID WEST
LINE 53 FEET; THENCE EAST 99 FEET; THENCE NORTH 53 FEET; THENCE WEST 99 FEET TO THE PLACE
OF BEGINNING.
4) Total Site Area: 2.93 acres
5) Name and address of property owner(s) of the petition site:
Commerce Center Development LLC, and East Bank South Bend Developmen\LLC
121 S. Niles Ave
South Bend, IN 46617
765- 409 -3841
David@MatthewsLLC.com
Name and address of additional property owners, if applicable: u 4_
6) Name and address of contingent purchaser(s), if applicable: Flied in C-lerp,,6 Office
Name SEP 21 2016
Address
City, State Zip Code KAFiEI_MA�i FOWLER
Phone number with Area Code CITY CLERK, SOUTH BEND, IN
E -Mail Address
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
FILED
From: CBD Central Business District N/A
SEP 0 f 2016
AREA PLAN CDl►.?MSE
To: PUD Planned Unit Development .LI��� �D 7) `]e
8) The purpose of the rezoning is as follows:
The Planned Unit Development (PUD) District is intended to:
1. (A) Establish a compatible and efficient mix of land uses and open space;
2. (B) Ensure compatibility with the Comprehensive Plan, surrounding developments and future
development needs;
3. (C) Establish a creative approach in building design through architectural compatibility with
adjacent buildings, general neighborhood design or by creating a unique style;
4. (D) Achieve flexibility and provide incentives for development that will sustain a wider range of choice in
satisfying the changing needs of the community; and
5. (E) Provide for any individual land or a combination of land uses not otherwise specified elsewhere in this
Ordinance.
This Planned Unit Development uses good urban design principles to build mixed use structures along the public
streets, and east race. The development builds density where surface parking currently exists, moving the parking in
to a structure, mostly hidden from public view. This promotes greater urban density, tax collection, and reduces the
demand on developing park land.
This PUD creates one of the first mixed use facilities on the East Race, since the first east race plan was developed in
the 1980s. It maintains and reinforces the built fabric and feel of the neighborhood called out in the Comprehensive
Plan, through its architecture, style, and incorporation of mixed use buildings.
The PUD enables the developer to create use of a definition of family that was previously unavailable in the CBD
district, and addresses issues with the current zoning that would prevent the grocery store, pharmacy, and existing
Commerce Center building form using the site.
the office users of the Commerce Center to stay,
and additional residents.
CONTACT PERSON:
David Matthews
121 S. Niles Ave
South Bend, IN 46617
765- 409 -3841
David @MatthewsLLC. cons
r
Specifically, this PUD increases the height and story limit, allowing
while creating space for the grocery store & pharmacy customers,
BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE -
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMAUSSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of all property owner(s), or signature of Attorney for all property owner(s):
Filed in Clerk's office
SEP , 21 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH REND, IN
SEP 0 " 2016
ARC? PAN CONIMSSIQ
? , T,0,! �
b•�A r��5��: �+�� . lid.- .
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 401 EAST COLFAX AVENUE, 228 & 230 SYCAMORE STREET, & 312
LASALLE AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone to create a mixed use PUD Planned Unit Development
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:
PARCEL I: THE NORTH 65.00 FEET OF LOT NUMBERED FOURTEEN (14) AS
SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF
LOWELL AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY, INDIANA, EXCEPTING THE EAST 26.5 FEET THEREOF.
PARCEL II: A LOT OR PARCEL OF LAND 65.00 FEET IN LENGTH NORTH AND
SOUTH TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF
LOT NUMBERED FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF THE
ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF
SOUTH BEND, EXCEPTING THEREFROM A STRIP OF LAND 2 FEET IN WIDTH,
EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE EAST END THEREOF.
PARCEL III: A STRIP OF LAND 2 FEET IN WIDTH, EAST AND WEST, TAKEN OFF
OF AND FROM THE EAST SIDE OF THE NORTH 65 FEET OF LOT NUMBERED
FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF
THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND.
PARCEL IV: LOTS NUMBERED NINETEEN (19), TWENTY (20), TWENTY -ONE (21),
TWENTY -TWO (22), TWENTYTHREE (23) AND TWENTY -FOUR (24) AS SHOWN
ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL,
NOW A PART OF THE CITY OF SOUTH BEND. ALSO, THE FOLLOWING VACATED
ALLEY: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED
TWENTY -TWO (22); THENCE EAST ON THE NORTH LINE OF SAID LOT
NUMBERED TWENTY -TWO (22), TO THE NORTHEAST CORNER OF SAID LOT;
THENCE NORTH TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED
TWENTY -ONE (21) TO THE SOUTHWEST CORNER OF SAID LOT NUMBERED
TWENTY -ONE (21); THENCE SOUTH 14 FEET TO THE PLACE OF BEGINNING.
TOGETHER WITH THE EAST 22 FEET OF VACATED BRIDGE STREET LYING
SOUTH OF THE SOUTH LINE OF LASALLE STREET AND NORTH OF THE NORTH
LINE OF COLFAX AVENUE.
PARCEL V: A NON - EXCLUSIVE EASEMENT AS SET OUT IN A SPECIAL
WARRANTY DEED BY AND BETWEEN INDIANA & MICHIGAN ELECTRIC
COMPANY, AN INDIANA CORPORATION AND EAST BANK CENTER, AN INDIANA
PARTNERSHIP RECORDED SEPTEMBER 29, 1980 AS DOCUMENT NUMBER
8015929 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA.
PARCEL VI: THE EAST 26.25 FEET OF THE NORTH 65 FEET OF LOT NUMBERED
FOURTEEN (14) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT
OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND,
RECORDED MAY 4, 1860 IN PLAT BOOK J, PAGE 455 IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY, INDIANA.
PARCEL VII: THE EAST HALF OF LOT NUMBERED FOURTEEN (14) AS SHOWN
ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL,
NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, RECORDED MAY 4,
1860 IN PLAT BOOK J, PAGE 455 IN THE OFFICE OF THE RECORDER OF ST.
JOSEPH COUNTY, INDIANA, EXCEPTING THEREFROM THE NORTH 65 FEET.
PARCEL VIII: PART OF LOTS NUMBERED FOURTEEN (14) AND FIFTEEN (15)
AS SHOWN ON THE RECORDED ORIGINAL PLAT OF THE TOWN OF LOWELL,
NOW A PART OF THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA,
DESCRIBED AS BEGINNING AT A POINT 65 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID LOT NUMBERED 15 ON THE WEST LINE OF
SAID LOT, RUNNING THENCE SOUTH WITH SAID WEST LINE 53 FEET;
THENCE EAST 99 FEET, THENCE NORTH 53 FEET; THENCE WEST 99 FEET
TO THE PLACE OF BEGINNING.
be and the same is hereby established as PUD Planned Unit Development.
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.
Approved and signed by me on the
o'clock . M.
City Clerk
day of , 2 , at
Mayor, City of South Bend, Indiana
It READING
PUBLIC HEARING
3 rd READING
NOT APPROMM
REFERRED
PASSED
Filed in Clark's Office
SEP 21 2016
KAREEMAH FOWLER
�SOUT$a
Department of
Community Investm
1865
Commerce Center PUD Rezoning Request
Friday, September 9, 2016
Filedn - 9e
n t SEP ' 12016
k` ;.EI~MAH FOWLER
CE :� CDOJTIBEND, IN
i
Due of the negative impacts on the neighborhood as described below, DCI cannot support the Commerce
Center PUD as presented. However, DCI would be supportive of the rezoning subject to the
recommendations provided in the discussion here:
1. Lack of consistency with the East Bank Village Master Plan (EBVMP). The East Bank Village Master
Plan was developed in conjunction with the community and illustrates their expectations for future
decisions in the neighborhood. This rezoning would completely disregard the EBVMP in the
following ways:
• Height — The proposal would exceed the agreed height limit for the neighborhood by
approx. 115' from 60' to 175'.
• Character — The proposal is out of character with the existing fine grain, low -scale nature of
the neighborhood as well as the desired future character of the neighborhood as presented
in the EBVMP.
2. Height. The proposed height of 175' is completely out of context with the neighborhood and the
East Bank Village Master Plan. The City's policy for previous height variances in the East Bank is to
allow the lesser of 96 feet or 8 stories. This taller height could be supported if a public benefit is
provided; otherwise, a maximum height of 60' as permitted by the zoning ordinance should be
applied. The following public domain upgrades should be considered for additional height to be
granted:
■ 5' front setback to LaSalle Street and Sycamore Streets. This would accommodate
additional foot traffic generated by the development as well as provide room for outdoor
seating for a cafe or other street activating uses.
Public open space in the form of a plaza, square or similar publically accessible space
adjacent to the East Race between the Commerce Center and LaSalle Ave. This space
should be generously scaled, address the East Race waterway and be activated by ground
floor uses like a cafe, bar, restaurant. It is recommended a setback of 30', consistent with
the northern portion of the Commerce Center's East Race setback, would be reasonable and
appropriate for such a high profile location.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574- 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV
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- Page 1 of 1
Angela Smith - Supermarket downtown
From: Michael Cox <michaelwilliamcox @gmail.com>
To: <asmith @co.st joseph.in.us>
Date: 9/15/2016 8:44 PM
Subject: Supermarket downtown
Hello Angela,
I was told you were the person to talk to about bringing a supermarket to downtown south bend.
I am a South bend resident at 1325 east Jefferson Blvd.
I am absolutely in favor of a supermarket and pharmacy at 401 e Colfax.
Please let me know if there is anything else I can do to help this project.
Thanks
Michael Cox
file: / / /C:/ Users/ ASmith/ AppData/ Local/Temp/ XPgrpwise /57DB0810lnternalPLEXI SPO 10... 9/19/2016
From: Mari Anna McKenzie <mimmiannal8@gmail.com>
To: <asmith @cost- joseph.in.us>
CC: <david @davidmatthews.com >, Maggie Kernan <maggiekernan @yahoo.com >, Joe K...
Date: 9/17/2016 5:25 AM
Subject: "I'm in favor of the proposed rezoning at 401 E. Colfax Ave"
Dear Angela,
I support the rezoning at 401 E. Colfax and believe the addition of a new grocery and pharmacy in DTSB
would be highly beneficial to the continued growth and development of the downtown neighborhood
communities.
I will be present to express my support in favor of the grocery store and pharmacy rezoning on Monday
September 26th at 7pm
at the County -City building, 4th floor.
Let me know what I can do to help in this process.
Sincerely,
Mari Anna McKenzie
114 S. Niles Avenue
South Bend, IN 46617
Mobile: 630.363.8357
Web Site: mariannamckenzie.us
Page 1 of 1
Angela Smith - 401 E. Colfax Rezoning Request
From: Greg Downes <GDownes @gibsonins.com>
To: "asmith @co.st joseph.in.us" <asmith @co.st joseph.in.us>
Date: 9/19/2016 11:31 AM
Subject: 401 E. Colfax Rezoning Request
Cc: Greg Downes <GDownes @gibsonins.com >, Mary Downes <marydownesl @gmail.com>
We are in favor of the Rezoning Request at 401 E. Colfax St.
Greg and Mary Downes
101 N Michigan St. Suite 520
South Bend, IN 46601
574- 276 -0539
Sent from my iPad
file: / / /C:/ Users/ ASmith/ AppData /LocallTemp/XPgrpwise /57DFCC8 FInternalPLEXISP01... 9/20/2016
T
From: "Kim.teska" < kim.teska@gmail.com>
To: <asmith @ co.st- joseph.in.us>
CC: David Matthews <david@matthewsllc.com >, "Kim. teska" <kim.teska@gmail.com>
Date: 9/19/2016 1:00 PM
Subject: Grocery store development in downtown.
Dear Angela Smith,
Deputy Director,
Area Plan Commission.
I am writing to let you know that I support the proposed development, the extra height, and the building of
a grocery store and pharmacy at 401 E. Colfax Ave.
I have worked downtown for over 20 years and look forward to South Bend becoming a vital downtown
destination!
Thank you for help in making this possible!
Kim Teska
1710 Hass Dr
South Bend, IN 46635
574 - 274 -4704
Sent from my iPhone
i
From: Carole Niven <clniven53@comcast.net>
To: <asmith @ co.st- joseph. in.us>
Date: 9/19/2016 1 :13 PM
Subject: Proposed Colfax development
I support the proposed development, the extra height, and the building of a grocery store and pharmacy
at 401 E. Colfax Ave.
Carole Niven
826 E. Oakside St
South Bend, IN 46614
From: D <dees3boys @comcast.net>
To: <asmith @ co.st- joseph. in.us>
Date: 9/19/2016 1:29 PM
Subject: Support
Dear M's. Angela Smith,
I support the proposed development, the extra height, and the building of a grocery store and pharmacy
at 401 E. Colfax Ave.
Sincerely,
Deanna Kozlowski
1037 Whitehall Dr.
South Bend, IN 46615
_ Page 1 of 1
Angela Smith - 401 E. Colfax Re- Zoning
From: Jacob Titus <jacob @beaconsb.org>
To: <asmith @co.st joseph.in.us>
Date: 9/19/2016 2:09 PM
Subject: 401 E. Colfax Re- Zoning
Ms. Smith -
I'm in favor of the proposed rezoning at 401 E. Colfax Ave.
My home address is 633 Cottage Grove Avenue, South Bend, 46616.
Thank you
Jacob
Jacob Titus / Director
t cobgbeaconsb.org / (574) 309 -3371
The Beacon Resource Center
4210 Lincolnway West
South Bend, IN 46628
http:Hbeaconsb.org
file:///C:/ Users/ ASmith/ AppData /Local/Temp/XPgrpwise /57DFF 17EInternalPLEXISPO I ... 9/20/2016
Page 1 of 1
Angela Smith - Support of proposed downtown business
From: Loretta Frank <lorettafrank @cressyeverett.com>
To: <asmith @co.st joseph.in.us>
Date: 9/19/2016 2:25 PM
Subject: Support of proposed downtown business
Just a short email to say that I would love to see a nice grocery and pharmacy be developed in the
downtown area (401 E. Colfax). I believe this would be an added attraction to those considering an
urban residential move.
Regards,
Loretta Frank
Loretta Frank, GRI, CRS, ABR
Broker Associate
Cressy Ft Everett Real Estate
332 N.Ironwood Dr.
South Bend, IN 46615
Office: 574 - 233 -6141
Voice Mail: 574 - 235 -3268
file: / / /C:/ Users/ ASmith/ AppData/ Local/Temp/ XPgrpwise /57DFF575InternalPLEXISPO 10... 9/20/2016
l
Angela Smith - Proposed development
From: George Friend <friendg @sbcglobal.net>
To: <asmith @co.st joseph.in.us>
Date: 9/19/2016 2:34 PM
Subject: Proposed development
To the Area Plan Commission
Angela M. Smith, Deputy Director
Page 1 of 1
Dear Commission,
I am writing in support of the proposed development in the Commerce Center property by David
Matthews. I understand the plan calls for a well designed, multi -use building which will include a
grocery store and pharmacy, plus many apartments.
I have lived at 221 E Colfax since the townhomes were completed 4+ years ago. During that time, I
have watched and celebrated the steady rebirth and renewed vitality of downtown SB. There is no
question in my mind that the addition of more residents and services in the downtown area will
generate more activities, enjoyment, and security. The height of the building does not seems to me to
be a big deal, given the height of the Hoffinan and LaSalle Hotels up the block on LaSalle, the
refurbished Chase Tower, the Key Bank building, nearby Memorial Hospital, etc. Like most folks
who have moved downtown in recent years or live close to downtown, the draw is the convenience
and feel of high quality urban living. This project will clearly add to that.
George Friend
221 E Colfax Ave
South Bend, IN 46617
file : / / /C:/Users /ASmith/AppData/ Local / Temp/ XPgrpwise /57DFF75EInternalPLEXISPOI... 9/20/2016
- Page 1 of 1
I
Angela Smith - 401 E. Colfax Ave. Rezoning
From: Meghan Kirwan <meghankirwan@sgws.com>
To: "asmith @co.st joseph.in.us" <asmith @co.st joseph.in.us>
Date: 9/19/2016 3:34 PM
Subject: 401 E. Colfax Ave. Rezoning
Good afternoon Angela,
My name is Meghan Kirwan, and I am writing this email in regards to the Grocery store and
pharmacy Rezoning at 401 E. Colfax Ave. I live at 223 East Colfax Ave. and I am in favor of the
proposed development and Rezoning.
Thank you,
Meghan Kirwan
Account Executive
Southern Glazers Wine & Spirits of Indiana - Prestige Division
8888 Keystone Crossing, Suite 1200
Indianapolis, IN 46240
mobile 574.904.9808
southernglazers.com
Confidentiality Notice: This e -mail message, including any attachments, is for the sole use of'the
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Page 1 of 1
Angela Smith - I support the proposed development
From: Jena Smoroske <Jmmoroske @bradleyco.com>
To: "asmith @co.st joseph.in.us" <asmith @co.st joseph.in.us>
Date: 9/19/2016 4:17 PM
Subject: I support the proposed development
Area Plan Commission
Angela M. Smith,
Hello, My name is Jena Mae Smororske and I work for the Bradley Company as a Commercial Real Estate
Broker. I support the proposed development, the extra height, and the building of a grocery store and
pharmacy at 401 E. Colfax Ave.
Thanks,
Jena Mae Smoroske I Broker
G
••••
www.bradleyco.com
S( 3V G)s
i
-� Y
6
Y
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received this message in error, please notify the sender.
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j
From: Sharon Teska <teskastudio@sbcglobal.net>
To: <asmith @ co.st- joseph.in. us>
Date: 9/19/2016 4:58 PM
Subject: To the Area Plan Commision
I support the proposed development, the extra height, and the building of a grocery store and pharmacy
at 401 E. Colfax
Sharon Teska
508 S 23rd Street
South Bend, IN 46615
To the Area Plan Commision
Angela M. Smith, Deputy Director
Area Plan Commission
(574) 235 -9571
asmith@co.st-joseph.in.us
Sent from my iPhone: Sharon Teska
- 1 Page 1 of 1
Larry Magliozzi - Support for Commerce Center Development
From: Mary Bundy <mebundy @ameritech.net>
To: "lmaglioz @cost joseph.in.us" <lmaglioz @co.st joseph.in.us>
Date: 9/19/2016 6:51 PM
Subject: Support for Commerce Center Development
Mr. Larry Magliozzi
Executive Director
St. Joseph County Area Plan Commision
Dear Mr Magliozzi:
The Howard Park Neighborhood Association, by a Board Member vote, is in favor of the Commerce Center Development,
as proposed by Matthews, LLC. We are in support of a zone change from Central Business District (CBD) to Planned Unit
Development (PUD).
While we recognize the concerns voiced by Area Plan Commission staff, in regard to building height, air and light quality for
rear facing apartments, and set backs for public areas, it is our opinion that the plan presented to us adequately addresses
these concerns. Also, we notice that some of the concerns are based on a 2008 East Bank Village Master Plan, whose
relevance we question because it was developed during a recession and at a time of declining populaton. We do not
believe that such an outdated plan should dictate current growth in our neighborhood.
We ask that you please give a favorable reccomendation to the plan by Matthews, LLC to develop a 12 story building that
will house a grocery- pharmacy, offices, and apartments, along with a separate parking garage in the area commonly known
as The Commerce Center parking lot.
Thank you for giving our perspective your full consideration.
Sincerely,
Mary Bundy
President
Howard Park Neighborhood Association
Mary Bundy, L . Ac . , OTR /L
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Page 1 of 1
Angela Smith - Grocery Store at 401 E. Colfax Ave
From: Emily Rose McManus <emmyjeanette @gmail.com>
To: <asmith @co.st joseph.in.us>
Date: 9/19/2016 6:52 PM
Subject: Grocery Store at 401 E. Colfax Ave
Area Plan Commision
Angela M. Smith, Deputy Director
Area Plan Commission
(574) 235 -9571
asmithCa)co.st- ioseph. in. us
Dear Commission,
I am writing to support the proposed development, the extra height, and the building of a grocery
store and pharmacy at 401 E Colfax Ave. I believe this grocery store and pharmacy will provide a
valuable service to many people within our community, from those who work downtown to people
who utilize public transportation and are routed through the downtown area. In particular, as someone
who does not drive as a result of a medical condition, I and others like me would benefit enormously
from a grocery store downtown. It would allow me to have easy access to fresh, affordable food and
to pick up my prescriptions on the way home from work. Based on the current bus routes, it is
difficult for many people who utilize public transportation to access a grocery store. I believe that
every member of our committee has a fundamental right to be able to easily access fresh, affordable
food. A grocery store downtown would help to eliminate a "food dessert" for those living in many of
the surrounding neighborhoods, whether they do not drive because of disability, age, income, or many
other factors. This is a vital service that we need to provide the citizens of this city.
Please consider implementing this proposed development.
Sincerely,
Dr. Emily Rose McManus, Ph.D.
file: / / /C:/Users /A Smith /AppData/LocallTemp/XPgrpwise /5 7E03 3 E51nternalPLEXI S PO 10... 9/20/2016
page 1 of 2
Angela Smith - 401 E. COLFAX AV - MATTHEWS LLC DEVELOPMENT
From: "Fragomeni, Joe" <Jfragomeni @structurepoint.com>
To: "asmith @co.st joseph.in.us" <asmith @co.st joseph.in.us>
Date: 9/19/2016 7:17 PM
Subject: 401 E. COLFAX AV - MATTHEWS LLC DEVELOPMENT
I absolutely support the proposed new development project by Matthews LLC at 401 E. Colfax Av.
The extra height is not and should not ever be an issue in our downtown as long as we have credible investors
with great new ideas that enhance it! The Chase Tower — my former office location — is 25 stories. Let's do it
again! We cannot be short sighted in our views of those who believe in and are willing to invest in our
downtown. It is our only hope for future success!
The grocery store and the pharmacy are such critical additions to what is developing in the downtown — I say
figure out a way to make it happen!
Thank you...
My residence is 5717 Bridgeton Lane in South Bend.
Joe Fragomeni
205 West Jefferson Blvd. Suite 404, South Bend, IN 46601
T 574.287.2231 E ifraeomeni @structurepoint.com
F 574.289.7105 W www.structurepoint.com
C 574.276.6297
■ STRUCTUREPQINT
NOWS COMMUiiI11ES
S WA 1568 ■
Follow us on
Voted "Best Place to Work" 2009 -2011
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file:///C:/ Users/ ASmith/ AppData/ Local/Temp/ XPgrpwise /57E039DFInternalPLEXISPO 10... 9/20/2016
7'
From: JILL WYGANT LAFONTAIN <jtinlaff @sbcglobal.net>
To: <asmith @ co.st- joseph. in.us>
Date: 9/19/2016 7:44 PM
Subject: Proposed Grocery Store DTSB
To Whom it may concern,
I support the proposed development, the extra height, and the building of a grocery store and pharmacy
at 401 E. Colfax Ave. I believe a grocery store and pharmacy would be a welcomed and very reasonable
addition to the downtown area.
With the population of residents increasing in the downtown area and focus on making South Bend a
more "walkable" community, this store is a crucial part of continued growth for South Bend.
I live in Sunnymede and often ride my bike or walk downtown to work, visit local restaurants, stores, and
friends. The one thing missing is a grocery store and pharmacy. Access to a grocery/pharmacy in the
downtown area would enhance the lives of current residents and make living in an' d around downtown
more desirable place to buy a home.
Purchasing a home means residents care and are invested in their community thus increasing property
values and impacting neighborhoods in a positive way.
I am a homeowner in neighborhood adjacent to downtown South Bend. Owner since 1994.
Jill La Fountain
(574)261 -8858
1224 Longfellow Ave.
South Bend, IN. 46615
Page 1 of 1
Larry Magliozzi - Support for Commerce Center Development
From: Matthew Hall <matt.hall @nd.edu>
To: <lmaglioz @co.st joseph.in.us>
Date: 9/19/2016 8:46 PM
Subject: Support for Commerce Center Development
Dear Mr. Magliozzi,
I am a resident of the East Bank neighborhood (116 S Niles Ave). I am writing to voice my
support for the Commerce Center Development, as proposed by Matthews, LLC. I support a zon
ing change from Central Business District (CBD) to Planned Unit Development (PUD). I believe this
development would positively contribute to the development of the downtown area in general
and our neighborhood specifically. In particular, a grocery store, pharmacy, and additional
apartments in the area will make living in the area more desirable and improve property
values.
Sincerely,
Matthew Hall
Matthew E.K. Hall, Ph.D.
Associate Professor and Director of Graduate Studies
Department of Political Science
University of Notre Dame
matt.hall(&nd.edu
https:/Zsites.google.com/siteZmatthewhallphdZ
The Nature of Supreme Court Power
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Page 1 of 1
Larry Magliozzi - Support for Commerce Center Development
From: Brittany Solomon <bcs719 @gmail.com>
To: <lmaglioz @co.st joseph.in.us>
Date: 9/19/2016 9:00 PM
Subject: Support for Commerce Center Development
Dear Mr Magliozzi:
As a resident of St. Joseph County and downtown South Bend, I am writing you to indicate my support of a zone change
from Central Business District (CBD) to Planned Unit Development (PUD). Along with my neighbors, I ask that you
please give a positive recommendation to the plan by Matthews, LLC.
Sincerely,
Brittany Hall
file: / / /C:/ Users / lmaglioz /AppData /Local /Temp/XPgrpwise /57E051 DDInternalPLEXISPO... 9/20/2016
From: Michelle Freel <chellyf0720@outlook.com>
To: "asmithCco.st- joseph.in.us" <asmith@co.st- joseph.in.us>
Date: 9/19/2016 9:33 PM
Subject: 401 E Colfax
Dear Angela,
I support the proposed development, the extra height, and the building of a grocery store and pharmacy
at 401 E. Colfax Ave.
Michelle M Freel
1339 Sunnymede Ave.
South Bend, IN. 46615
574 - 276 -1891
Sent from my Phone
From: Robert Freel <rcnc1339@sbcglobal.net>
To: <asmith @ co.st- joseph.in. us>
Date: 9/19/2016 9:36 PM
Subject: 401 E Colfax
Dear Angela,
I support the proposed development, the extra height, and the building of a grocery store and pharmacy
at 401 E. Colfax Ave."
Include your name and address, and e-mail it to:
Robert Freel
1339 Sunnymede Ave
South Bend, In 46615
Sent from my Phone
" Page 1 of 1
Angela Smith - Commerce Center Development Re- Zoning
From: Nancy Watreas <nwatreas2 @gmail.com>
To: <asmith @co.st joseph.in.us>
Date: 9/19/2016 8:59 PM
Subject: Commerce Center Development Re- Zoning
Mr. Larry Magliozzi
Executive Director
St. Joseph County Area Plan Commission
Dear Mr Magliozzi,
Dr. E. Michael Feltman and I are owners and residents at River Race Townhomes (118 S. Niles Ave.). We invested in the
DTSB area because this is where our lives our and we recognize that South Bend is experiencing a regrowth and
rejuvenation, something that we believe is essential to the city's existence.
We have recently learned from Dave Matthews of the proposed plan to rezone the Commerce Center Development and
completely support its rezoning to allow mixed use of the building. We want to see South Bend grow and develop into a
vital and prosperous city that benefits everyone, collectively.
We are in full support of Matthews, LLC to develop a 12 story building that will give it feasibility and allow a grocery- pharmacy, offices, and apartments,
along with a separate parking garage in the area commonly known as "The Commerce Center" parking lot.
Thank you so much for your time and consideration.
Best regards,
0
Mike & Nancy Feltman
574 - 302 - 1655/574- 210 -5344
file: / / /C:/ Users/ ASmith/ AppData /Local/Temp/XPgrpwise /57E051 CAInternalPLEXISPO I ... 9/20/2016
VIA EMAIL ONLY: asmith@co.st ioseph.in.us
Angela M. Smith, Deputy Director
Area Plan Commission (574) 235 -9571
RE: Rezoning at 401 E. Colfax Ave
Dear Ms. Smith:
..1
Alison D. Tusing
54609 Bradley Street
Elkhart, Indiana 46514
(574) 322 -8044
allsontusing@hotmall.com
Please allow this letter to serve as notification that l am in favor of the proposed rezoning at
401 E. Colfax Avenue in South Bend.
Please do not hesitate to contact me should you have any questions or concerns.
Sincere[
Alison D. Tusing
\j Page 1 of 1
Angela Smith - 401 E. Colfax Ave
From: Alison Tusing <atusing @blackburnandgreen.com>
To: "asmith @co.st joseph.in.us" <asmith @co.st joseph.in.us>
Date: 9/20/2016 8:22 AM
Subject: 401 E. Colfax Ave
Attachments: jhoward @blackburnandgreen.com 20160920_080138.pdf
Dear Ms. Smith:
Please see the attached letter stating that I am in favor of the proposed rezoning of 401 E. Colfax Ave.
Sincerely,
Alison D. Tusing
file: / / /C:/ Users/ ASmith/ AppData /Local/Temp/XPgrpwise /57EOF 1 B8InternalPLEXISPO 10... 9/20/2016
VIA EMAIL ONLY: asmith @co.st- ioseph.in.us
Angela M. Smith, Deputy Director
Area Plan Commission (574) 235 -9571
RE: Rezoning at 401 E. Colfax Ave
Dear Ms. Smith:
Amanda A. Whitaker
25353 Beth Ann Drive
South Bend, IN 46619
(574) 309 -1802
araybuck2001 @vahoo.com
Please allow this letter to serve as notification that I am in favor of the proposed rezoning at
401 E. Colfax Avenue in South Bend.
Please do not hesitate to contact me should you have any questions or concerns.
S' erely,
A
kmanda A. Whitaker
Page 1 of 1
Angela Smith - Rezoning at 401 E. Colfax Avenue
From: Amanda Whitaker < awhitaker @blackbumandgreen.com>
To: "asmith @co.st joseph.in.us" <asmith @co.st joseph.in.us>
Date: 9/20/2016 8:34 AM
Subject: Rezoning at 401 E. Colfax Avenue
Cc: "alisontusing @hotmail.com" <alisontusing @hotmail.com>
Attachments: Smith ltr.pdf
Dear Ms. Smith,
Attached please find correspondence regarding support for the above - referenced matter.
Sincerely,
Am,u*+,ol ce, A. W ki6tkc e r
Paralegal
Blackburn & Green
1450 University Drive Court
Granger, IN 46530
Telephone: (574) 277 -7711, ext. 212
Fax: (574) 277 -8111
awhitaker@blackbumandgreen.com
file: / / /C:/ Users/ ASmith/ AppData/ Local/Temp/ XPgrpwise /57EOF490InternalPLEXISPO 10... 9/20/2016
ALAN -.A N
R op4 1r�: Ryan Lindinger
1450 University Drive Ct.
Granger, IN 46530
Attorneys for Injured People
September 20, 2016
VIA EMAIL ONLY: asmithAco.st- iosenh.in.us
Angela M. Smith, Deputy Director
Area Plan Commission (574) 235 -9571
RE: Rezoning at 401 E. Colfax Ave
Dear Ms. Smith:
Please allow this letter to serve as notification that I am in favor of the proposed
rezoning at 401 E. Colfax Avenue in South Bend.
Please do not hesitate to contact me should you have any questions or concerns.
RNL /adt
Very 71 yours,
Ry Lindinger
www.blackburnandg;- ee..,z.com
1.800.444.1112
Evansville
3420 Morgan Ave., Suite F
Evansville, IN 47715
(812) 471 -5744
(812) 401 -8838 Fax
-Vincennes
(812) 882 -0766
Fort Wayne
4203 W. Jefferson Blvd.
Fort Wayne, IN 46804
(260) 422 -4400
(260) 436 -4404 Fax
-Angola
(260) 665 -5191
*Bluffton
(260) 827 -0622
*Kendallville
(260) 347 -1511
-Marion
(765) 668 -8100
•Waynedale
(260) 422 -4400
Indianapolis
8202 Clearvista Parkway
Building 7
Indianapolis, IN 46256
(317) 489 -4700
(317) 845 -7847 Fax
-Anderson
(765) 622 -9151
• Bedford
(812) 275 -6088
• Kokomo
(765) 868 -0088
• Lafayette
(765) 447 -9121
Logansport
(574) 739 -0022
-Muncie
(765) 287 -0045
• New Castle
(765) 521 -0763
-Terre Haute
(812) 234 -2369
Merrillville
2620 W. Lincoln Highway
Merrillville, IN 46410
(219) 769 -7415
(219) 472 -0189 Fax
-LaPorte
(219) 362 -2444
-Michigan City
(219) 879 -7949
-Valparaiso
(219) 476 -1718
South Bend- lvlishawaka
1450 University Drive Court
Granger, IN 46530
(574) 277 -7711
(574) 277 -8101 Fax
-Elkhart
(574) 294 -4999
-Goshen
(574) 534 -6655
-LaGrange
(260) 499 -4852
tNarsa,:v
1614 East Center Street
Warsaw, IN 46580
(574) 269 -5060
(574) 268 -1165 Fax
-Syracuse
(574) 457 -4104
a Regional office
-Satellite office
From: Alison Tusing <atusing @blackburnandgreen.com>
To: "asmith @co.st - joseph.in.us" <asmith @co.st - joseph.in.us>
Date: 9/20/2016 8:55 AM
Subject: 401 E. Colfax Ave
Attachments: jhoward@ blackburnandgreen .com_20160920_083209.pdf
Dear Ms. Smith:
Please find attached correspondence from Attorney Lindinger in support of the proposed rezoning of 401
E. Colfax Avenue.
Sincerely,
Alison Tusng
.1 Page 1 of 2
Larry Magliozzi - Fw: Commerce Center Rezoning letter information and example.
From: Joe Kernan <flare604 @yahoo.com>
To: "lmaglioz @co.st joseph.in.us" <lmaglioz @co.st joseph.in.us>
Date: 9/20/2016 8:58 AM
Subject: Fw: Commerce Center Rezoning letter information and example.
Mr. Larry Magliozzi
Executive Director
St. Joseph County Area Plan Commision
Mr. Larry Magliozzi
Executive Director
St. Joseph County Area Plan Commision
Dear Larry:
Maggie and I strongly support The Commerce Center Development as proposed by Matthews LLC.
We believe that a zone change from Central Bushiness District to Planned Unit Development is in the
best interests of our neighborhood and the East Bank.
We hope that you will give a favorable recommendation to the plan by Matthews LLC to develop a 12
story building that will bring with it offices, apartments, and a grocery story and pharmacy.
There will be a separate parking garage in the Commerce Center parking lot. We believe that these
improvements will foster additional positive and welcome activity in our neighborhood.
Thank you for your consideration Larry.
Sincerely
Maggie and Joe Kernan
file : / / /C:/Users /lmaglioz/AppData/ Local / Temp /XPgrpwise /5 7EOFA30IntemalPLEXI SPO 1... 9/20/2016
R
Page 1 of 1
Larry Magliozzi - 09 -21 -2015
From: Rob Bartels <RBartels @martins- supermarkets.com>
To: "lmaglioz @co.st joseph.in.us" <lmaglioz @co.st joseph.in.us >, "asmith @co....
Date: 9/20/2016 9:47 AM
Subject: 09 -21 -2015
Greetings!
I write from two perspectives this morning, first as a resident along the East Race & secondly as the
president of Martin's Super Markets.
As a resident, I now share the sensibilities of so many others who have called, written, & talked to us
over the years. We need a downtown grocery store with a full retail assortment.
As a business owner, responsible for taking risk & making sure those efforts are successful in many
ways. The risks associated with downtown locations are steep and have been prohibitive in South
Bend.
This project is an example of precisely the kind of development that overcomes the challenges, while
delivering demonstrable benefit in myriad ways, among many constituents within and for the
community.
This opportunity deserves support and I hope you will help this development and our community &
downtown neighborhoods move into a better and stronger future.
Thank you
Rob Bartels
110 S. Niles
& Martin's Super Markets
Sent via the Samsung Galaxy Notes, an AT &T 4G LTE smartphone
file : / / /C:/Users /lmaglioz/AppData /Local /Temp/XPgrpwise /57E 105B7InternalPLEXI SPO 1... 9/20/2016
- Page 1 of 1
s
Angela Smith - Attention: Angela M. Smith, Deputy Director -- Regarding rezoning at 401 E.
Colfax Ave.
From: Patricia Anderson < designdecisionsstudio @gmail.com>
To: <asmith @co.st joseph.in.us>
Date: 9/20/2016 10:24 AM
Subject: Attention: Angela M. Smith, Deputy Director -- Regarding rezoning at 401 E. Colfax Ave.
Dear Angela,
I'm in favor of the proposed rezoning at 401 E. Colfax Ave. I believe this rezoning to be significant in the continued growth and
vitality for downtown South Bend.
Thank you for your consideration of this matter.
Best regards,
Patricia E. Anderson
602 1/2 South Ironwood Drive
South Bend, IN 46615
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Angela Smith - Proposed rezoning
From: Manda Harris <resras1 @hotmail.com>
To: "asmith @co.st - joseph.in.us" <asmith @co.st - joseph.in.us>
Date: 9/20/2016 10:45 AM
Subject: Proposed rezoning
Dear Ms. Smith,
I'm in favor of the proposed rezoning at 401 E. Colfax Ave. Thank you for your consideration of the incredible benefit a downtown grocery
store and pharmacy could be to the city and its residents!
Manda Harris
1420 E. Colfax Ave.
574 - 304 -1040
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VIA EMAIL ONLY: asmith @co.st- ioseph.in.us
Angela M. Smith, Deputy Director
Area Plan Commission (574) 235 -9571
RE: Rezoning at 401 E. Colfax Ave
Dear Ms. Smith:
Justin Robinson
26266 Bell Avenue
Elkhart, Indiana 46514
(574) 214 -7844
Please allow this letter to serve as notification that I am in favor of the proposed rezoning at
401 E. Colfax Avenue in South Bend.
Please do not hesitate to contact me should you have any questions or concerns.
Sincerely,
s /Justin Robinson
Justin Robinson
From: Alison Tusing <atusing @blackburnandgreen.com>
To: "asmith @co.st - joseph.in.us" <asmith @co.st- joseph.in.us>
Date: 9/20/2016 10:52 AM
Subject: 401 E. Colfax Ave
Attachments: jhoward@ blackburnandgreen .com_20160920_103100.pdf
Dear Ms. Smith:
Please see the attached on behalf of Justin Robinson, supporting the proposed rezoning of 401 E. Colfax
Avenue.
Sincerely,
Alison Tusing
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Angela Smith - Downtown martin's
From:
jekaplan @sbcglobal.net <jekaplan @sbcglobal.net>
To:
<asmith @co.st joseph.in.us>
Date:
9/20/2016 10:58 AM
Subject:
Downtown martin's
Ms. Smith, I am writing in support of a downtown Martin's and pharmacy. I have a art studio downtown and have really
missed the Osso's drug store that used to be downtown.
Jeanne Kaplan
50667 Mercury Drive
Granger, In 46530
273 -1747
Sent from my T- Mobile 4G LTE device
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1
Angela Smith - Re: PUD Letters of Support
From: Brigid Beattie <brigid @matthewsllc.com>
To: <lmaglioz @co.st joseph.in.us >, <asmith @co.st joseph.in.us>
Date: 9/20/2016 11:37 AM
Subject: Re: PUD Letters of Support
Cc: David Matthews <david @matthewsllc.com>
Attachments: Area Plan Commission Letters.pdf
Please disregard the previous email with the incorrect document. Attached are the letters of support
for the Commerce Center Planned Unit Development.
Sincerely,
Brigid Beattie
Executive Assistant
Matthews, LLC
(812) 606 -7892
brigid(a�matthewsllc.com
On Tue, Sep 20, 2016 at 8:50 AM, Brigid Beattie <brigid9matthewsllc.com> wrote:
Please find attached letters of support for the Commerce Center Development Planned Unit
Development.
Sincerely,
Brigid Beattie
Executive Assistant
Matthews, LLC
(812) 606 -7892
brigid(- ), matthewsllc.com
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Mr. Larry Magliozzi
Executive Director
St. Joseph County Area Plan Commission
Dear Mr. Magliozzi:
521 Jefferson, LLC, by vote of its ownership, is in favor of the Commerce Center Development,
as proposed by Commerce Center Development, LLC. We support the change in zoning from
Central Business District (CBD) to Planned Unit Development (PUD).
We recognize the concerns voiced by Area Plan Commission staff, in regard to building height,
air and light quality for rear facing apartments, and set backs for public areas. It is our opinion
that the plan presented to us adequately addresses these concerns. Also, we notice that some of
the concerns are based on a 2008 East Bank Village Master Plan, the relevance of which we
question because it was developed during a recession and at a time of declining population. We
do not believe that such an outdated plan should dictate current growth in our neighborhood.
We ask that you please give a favorable recommendation to the plan by Commerce Center
Development, LLC to develop a twelve -story mixed -use building and a separate parking garage in
the area commonly known as The Commerce Center parking lot.
Thank you for giving our perspective your full consideration.
;Sincer ly,
Brigid Beattie, Executive Assistant
521 Jefferson, LLC
521 E. Jefferson Blvd
South Bend, IN 46617
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Angela Smith - Letter in support of 401 E Colfax PUD proposal
From: Jack Jacobs <jpjacobs25 @gmail.com>
To: <asmith @co.st joseph.in.us>
Date: 9/20/2016 11:41 AM
Subject: Letter in support of 401 E Colfax PUD proposal
Dear Dept. Director Smith,
I support the proposed PUD, the lifting of the height restriction, and the building of a grocery store
and pharmacy at the proposed site along Lasalle Ave on the current parking lot of the Commerce
Center.
Best,
Jack Jacobs
223 E Colfax Ave
South Bend, IN 46617
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Angela Smith - Grocery Store and Pharmacy Rezoning.
From: Lionel Jensen <Lionel.Jensen.21 @nd.edu>
To: <asmith @co.st joseph.in.us>
Date: 9/20/2016 11:54 AM
Subject: Grocery Store and Pharmacy Rezoning.
Ms. Angela M. Smith, Deputy Director
Area Plan Commission
City of South Bend
South Bend, IN
20 September 2016
Dear Ms. Smith,
I am writing to convey my most energetic support of the rezoning proposal for 401 E. Colfax Avenue
that is now before the Area Plan Commission.
As a long -time resident of South Bend who has observed with pleasure and excitement the redesign
and development of the city's downtown, I believe that the rezoning will eventuate in the
establishment of a grocery and pharmacy essential to the continued flourishing of our urban
commonweal.
My address is: 1305 Ridgedale Road, South Bend, 46614
Respectfully,
Lionel M. Jensen, Ph. D.
Associate Professor
East Asian Languages & Cultures
Fellow of Institute
Helen Kellogg Institute for International Studies
Joan B. Kroc Institute for for International Peace Studies
Affiliate, Center for Civil and Human Rights
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From: Kari Maddox <karimaddox@icloud.com>
To: <asmith @ co.st- joseph. in.us>
Date: 9/20/2016 12:05 PM
Subject: Proposed rezoning of 401 E. Colfax Ave.
Angela M. Smith, Deputy Director
Area Plan Commission,
I am in favor of the proposed rezoning at 401 E. Colfax Avenue.
I am writing to show my support for Matthews, LLC.
I believe Matthews proposed project at 401. E. Colfax Avenue will greatly impact the future of the down
town South Bend area.
I am currently in the process of relocating North, as I currently work in Granger, In.
I originally considered moving directly to Granger. The proximity to my current job would make
commuting seconds away, from where I would live.
I met with Matthews earlier this summer. I began to fall in love with the character and culture surrounding
South bend; and particularly to the love and dedication people living in the town have expressed for the
area.
As a mother of four children, growth and a sense of community are important. There is a lot of progress in
South Bend, and the potential for growth seems to be exponential at this point.
In particular, the proposed project at 401 E. Colfax Avenue has caught my attention. Again, as a mother
of four, convenience is also of upmost importance in our daily lives. A space of such size appeals to me.
The convenience of a pharmacy, grocery store, and potential for retail and office space are all very
alluring to a modern family.
The ability for growth within this building make me feel confident in South Bend. The proposed height and
size do not deter me, but rather excite me for the potential in this town. I hope to continue as an
entrepreneur and possibly make use of this future space.
Thank you,
Karl Maddox
Sent from my iPhone
Page 1 of 1
Angela Smith - Supporting Commerce Center Rezoning
From: Jonathan Andrew Wolter <jawolter @gmail.com>
To: <asmith @co.st joseph.in.us>
Date: 9/20/2016 12:11 PM
Subject: Supporting Commerce Center Rezoning
Mr. Larry Magliozzi
Executive Director
St. Joseph County Area Plan Commision
Dear Mr Magliozzi:
I am the homeowner of 108 S Niles. I am in support of a zone change from Central Business District (CBD) to Planned
Unit Development (PUD).
I recognize there have been concerns but as an owner seeing this neighborhood improve, I support the specific plans
presented by the developer.
I ask that you give a favorable reccomendation to the plan by Matthews, LLC to develop a 12 story building that will
house a grocery- pharmacy, offices, and apartments, along with a separate parking garage in the area commonly known as
The Commerce Center parking lot.
Thank you so much!
Jonathan Wolter
Sent from my Phone
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Good afternoon Angela,
My name is Matthew Teters, and I am writing this email in regards to the Grocery store and pharmacy Rezoning at 401 E.
Colfax Ave. I live at 223 East Colfax Ave. and I am in favor of the proposed development and Rezoning.
Thank you,
Matthew Teters MD
Matthew Teters
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Angela Smith - Proposed rezoning
From: "Kevin Hatcher" <kevin @artisticradio.com>
To: <asmith @co.st joseph.in.us>
Date: 9/20/2016 3:10 PM
Subject: Proposed rezoning
I'm in favor of the proposed rezoning at 401 E. Colfax Ave
Kevin Hatcher
831 W Colfax
South Bend, IN 46601
Best,
Kevn Hatcher I Marketing Consultant
WNDV -FM I U93 92.9
WSMM /WSSM -FM I The Stream
2:: 574.273.9300 x230
1A:: kevin@artisticradio.com
X:: 3371 Cleveland Road Ste 300 South Bend IN 46628
If you are waiting on anything in order to live and love without holding back, then you suffer. -
David Dieda
This message may contain confidential and /or proprietary information and is intended for
the person /entity to whom it was originally addressed. Any use by others is strictly prohibited.
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