HomeMy WebLinkAbout4615-17 Supporting the Commerce Center Project located at 401 Colfax Avenue, 230 and 228 Sycamore Street, and 312 LaSalle Avenue in the City of Sout Bend, IndianaAttes
RESOLUTION
No. 4615 -17
Passed by the Common Council of the City of South Bend, Indiana
January 9, 2017
Presented by me to the Mayor of the City of South Bend, Indiana
January 10, 20 17
City Clerk
dent of Common Council
Approved and signed by me (X1AI V14A Ci 20-n.
City Clerk
RESOLUTION NO. 4 U 15 _ 1`1
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, SUPPORTING THE COMMERCE CENTER PROJECT
LOCATED AT 401 COLFAX AVENUE, 230 AND 228 SYCAMORE STREET, AND 312
LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA
WHEREAS, Commerce Center Development, LLC (the "Company ") owns certain real
property and improvements located at 401 Colfax Avenue, 228 and 230 Sycamore Street, and
312 LaSalle Avenue (collectively, the "Site ") in the City of South Bend (the "City "), upon which
the Company has proposed to construct a mixed -use development (the "Project "); and
WHEREAS, the proposed Project is subject to all applicable laws, including zoning and
land use laws; and
WHEREAS, in compliance with applicable laws, the Project is expected to require
certain zoning approvals before it may lawfully be constructed, including, without limitation, a
variance from limitations on the height of any building constructed on the Site; and
WHEREAS, the Common Council of the City of South Bend (the "Common Council ") is
vested with powers and duties to effectuate the purpose of the City of South Bend Zoning
Ordinance (the "Zoning Ordinance ") regarding the implementation of the Comprehensive Plan
for the City of South Bend, and the Board of Zoning Appeals (the "BZA ") has the power and
duty to hear and determine all variances from development standards of the Zoning Ordinance;
and
WHEREAS, during its regular meeting on December 12, 2016, the Common Council
expressed its support for the Project and requested that the City and the Company reach a
compromise height less than the twelve (12) stories proposed by the Company in its Planned
Unit Development District Ordinance (Bill No. 41 -16); and
WHEREAS, on the Company's current real property holdings, the Project is only
financially viable at nine (9) stories or higher; and
WHEREAS, the Common Council desires to reiterate its support for the Project,
specifically at the proposed compromise height of nine (9) stories, or approximately one hundred
twenty -seven (127) feet above street level and one hundred forty-three (143) feet with
mechanical units; and
WHEREAS, the Common Council desires to express its support for the expeditious
approval by the BZA of a height variance for the Project prior to the June 15, 2017 final
submission deadline for the Northern Indiana Regional Development Authority's review of the
$4,909,604 allocation awarded to the Project through the Indiana Regional Cities Initiative; and
WHEREAS, the Common Council desires to express its present intention to consider
reasonable alterations to the East Bank Village Master Plan — Phase 1, dated June 10, 2008 (the
"East Bank Plan") and the Zoning Ordinance concerning building height limitations so as to
promote development in the City and to protect the public interest; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. The Common Council hereby states that it supports the expeditious approval
by the BZA of a height variance for the Company's Project at the proposed compromise height
of nine (9) stories, or approximately one hundred twenty -seven (127) feet above street level and
one hundred forty -three (143) feet with mechanical units.
Section II. The Common Council hereby states that it intends to consider reasonable
alterations to the East Bank Plan and the Zoning Ordinance concerning building height
limitations so as to promote development in the City and to protect the public interest.
Section III. This Resolution shall be in full
by the Common Council and approval by the Mayor.
Member, Common Council
and effect from and after its adoption
Council
J
ember, Common Council Member, Common Council
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Agreement
• Roughly $35 million investment on the Commerce Center site, including a grocery store,
parking garage and apartments, that account for roughly % of the total investment
outlined in the East Bank Plan
• Layout of garage and mixed use building consistent with the East Bank Plan
• $4.9 million Regional Cities grant from the State
• $5 million in TIF from Redevelopment Commission (RDC)
• 100% tax abatement for first five years, 95% tax abatement for next five years
• Reduced height at street level from 12 stories, roughly 159' (or 175' with mechanical
units) to 9 stories, roughly 127' (or 143' with mechanical units)
• Increased green, open space between building and East Race area
• Continued efforts to refine final design
Process to Meet Regional Cities Deadline
• January 9 — Common Council passes resolution supporting project at 9 stories and
sharing its intention to update plan and zoning ordinances
• January 9 —
Common Council passes declaratory resolution on tax abatement
• January 10
— City files height variance with Board of Zoning Appeals (BZA)
• January 12
— RDC approves $5 million of TIF for project
• January 23
— Common Council passes confirming resolution on tax abatement
• February 1— BZA approves height variance
• June 15 — Final submission deadline for the Northern Indiana Regional Development
Authority's review of the project's Regional Cities grant
• Summer — Common Council updates plan and amends zoning ordinances
Filed in Clerk's Office
CITY OLERK, S'0R.'TH BEND, IN