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SOUTH BEND COMMON COUNCIL
MEETING AGENDA
Monday, October 23, 2017
7:00 P.M.
I. INVOCATION-DEBORAH DWYER, BAHA'I FAITH
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS-ACCELERATE INDIANA MUNICIPALITIES (AIM) 2017
MUNICIPAL INNOVATION AWARD FOR SMART STREET INITIATIVE- CITY
CLERK KAREEMAH FOWLER
6. REPORTS FROM CITY OFFICES-MAYOR PETER BUTTIGIEG
7. COMMITTEE OF THE WHOLE TIME:
BILL NO.
12-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING
WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND
AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN
CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 4, FOR 17330 STATE ROAD 23, SOUTH BEND, INDIANA
54-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 3333 N. KENMORE ST,
COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND,
INDIANA
55-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 212 EAST SOUTH STREET,
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
69-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTIES: STREET VACATION- EDDY STREET FROM
CORBY STREET SOUTH 180 FEET +/-, CORBY STREET FROM EDDY
STREET WEST 90 FEET+/-,CORBY STREET FROM EDDY STREET EAST
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230 FEET +/-, THE FIRST EAST/WEST ALLEY BETWEEN HOWARD
STREET ON THE WEST AND THE FIRST NORTH/SOUTH ALLEY EAST
OF SOUTH BEND AVENUE, SOUTH BEND, INDIANA
78-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL,OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF
CHAPTER 2, ARTICLE 6, SECTION 2-84.14 OF THE SOUTH BEND
MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS
75-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR
VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 2017
76-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2017 OF $40,000 FROM GENERAL FUND (#101),
$117,571 FROM PARKS FUND (#201), $25,000 FROM COMMUNITY
INVESTMENT OPERATING FUND (#211), $80,000 FROM STATE-SEIZED
DRUG MONEY FUND (#216), $2,733 FROM UNSAFE BUILDING FUND
(#219), $97,000 FROM LOCAL ROADS & STREETS FUND (#251), $25,000
FROM POLICE GRANTS FUND (#292), $90,000 FROM FEDERAL DRUG
ENFORCEMENT FUND (#299), $362 FROM ZOO ENDOWMENT FUND
(#403), $40,000 FROM PARKS CAPITAL FUND (#405), $11,755 FROM
PROJECT RELEAF FUND (#655), AND $396,500 FROM SMART STREETS
DEBT SERVICE FUND (#756).
77-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2017 OF $20,000 FROM EMS OPERATING FUND (#287),
$7,823 FROM CONSOLIDATED BUILDING FUND - CODE
ENFORCEMENT (#600), $100,000 FROM SEWER INSURANCE FUND
(#640), $288,850 FROM SEWAGE WORKS OPERATIONS &
MAINTENANCE FUND (#641), $10,800 FROM SEWAGE DEPRECIATION
FUND (#642)AND $200 FROM 2011 SEWER BOND FUND (#659).
BILL NOS. 51-17, 52-17, 62-17 & 65-17 CONTINUED IN COUNCIL PORTION ONLY
BILL NO.
51-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR
THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL
DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING
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DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT
52-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR
THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED
ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING
DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS, AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT.
62-17 PUBLIC HEARING ON AN ORDINANCE FIXING MAXIMUM SALARIES
AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING
EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 2018
65-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,FIXING THE ANNUAL PAY AND
MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH
BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2018, 2019, 2020
AND 2021
8. BILLS ON THIRD READING TIME:
BILL NO.
51-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR
THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL
DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING
DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT
52-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR
THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED
ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING
DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS, AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT.
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54-17 THIRD READING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 3333 N. KENMORE ST,
COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND,
INDIANA
55-17 THIRD READING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 212 EAST SOUTH STREET,
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
62-17 THIRD READING ON AN ORDINANCE FIXING MAXIMUM SALARIES
AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING
EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 2018
65-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,FIXING THE ANNUAL PAY AND
MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH
BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2018, 2019, 2020
AND 2021
69-17 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTIES: STREET VACATION- EDDY STREET FROM
CORBY STREET SOUTH 180 FEET +/-, CORBY STREET FROM EDDY
STREET WEST 90 FEET+/-,CORBY STREET FROM EDDY STREET EAST
230 FEET +/-, THE FIRST EAST/WEST ALLEY BETWEEN HOWARD
STREET ON THE WEST AND THE FIRST NORTH/SOUTH ALLEY EAST
OF SOUTH BEND AVENUE, SOUTH BEND, INDIANA
75-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR
VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 2017
76-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2017 OF $40,000 FROM GENERAL FUND (#101),
$117,571 FROM PARKS FUND (#201), $25,000 FROM COMMUNITY
INVESTMENT OPERATING FUND (#211), $80,000 FROM STATE-SEIZED
DRUG MONEY FUND (#216), $2,733 FROM UNSAFE BUILDING FUND
(#219), $97,000 FROM LOCAL ROADS & STREETS FUND (#251), $25,000
FROM POLICE GRANTS FUND (#292), $90,000 FROM FEDERAL DRUG
ENFORCEMENT FUND (#299), $362 FROM ZOO ENDOWMENT FUND
(#403), $40,000 FROM PARKS CAPITAL FUND (#405), $11,755 FROM
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PROJECT RELEAF FUND (#655), AND $396,500 FROM SMART STREETS
DEBT SERVICE FUND (#756).
77-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2017 OF$20,000 FROM EMS OPERATING FUND(#287),
$7,823 FROM CONSOLIDATED BUILDING FUND - CODE
ENFORCEMENT (#600), $100,000 FROM SEWER INSURANCE FUND
(#640), $288,850 FROM SEWAGE WORKS OPERATIONS &
MAINTENANCE FUND (#641), $10,800 FROM SEWAGE DEPRECIATION
FUND (#642) AND $200 FROM 2011 SEWER BOND FUND (#659).
78-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF
CHAPTER 2, ARTICLE 6, SECTION 2-84.14 OF THE SOUTH BEND
MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS
9. RESOLUTIONS
BILL NO.
17-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 4321 S.
MICHIGAN STREET
17-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 315 NORTH
MAIN STREET
17-61 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 325 SOUTH
WALNUT STREET, SOUTH BEND, INDIANA 46601 AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR
PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT,
INCORPORATED
17-63 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 N KENMORE
ST, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX
ABATEMENT FOR TRI-PAC, INC.
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17-67 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 N KENMORE
ST, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY
TAX ABATEMENT FOR TRI-PAC, INC.
17-69 A RESOLUTION SUPERSEDING A CONFIRMATORY RESOLUTION
AND MODIFYING AND CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN
AS 23464 ADAMS ROAD, SOUTH BEND, IN 46628 AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A REAL PROPERTY TAX
ABATEMENT FOR GLC SBDC II, LLC
17-71 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CLAY TOWNSHIP (OLD NATIONAL
ANNEXATION AREA)
17-72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA,APPROVING AND AUTHORIZING THE ISSUANCE OF
BONDS OF THE CITY OF SOUTH BEND REDEVELOPMENT DISTRICT
AND RELATED MATTERS
17-73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,APPROVING AND AUTHORIZING THE ISSUANCE OF
BONDS OF THE CITY OF SOUTH BEND PARK DISTRICT AND
RELATED MATTERS
10. BILLS ON FIRST READING
BILL NO.
79-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,AMENDING SECTIONS 2-84.9(c)
AND 2-84.9 (e) OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND
MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS
11. UNFINISHED BUSINESS
BILL NO.
17-70 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 3419 W.
WASHINGTON STREET
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12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME:
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency,the South Bend Common Council agenda has been translated
into Spanish.All agendas are available online from the Council's website,and also in paper format in the Office of the City Clerk,41h Floor County-City
Building.Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however,the official text is the English
version. Any discrepancies which may be created in the translation,are not binding.Such translations do not create any right or benefit,substantive
or procedural,enforceable at law or equity by a party against the Common Council or the City of South Bend,Indiana.
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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER,CITY CLERK
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: KAREEMAH FOWLER, CITY CLERK
DATE: OCTOBER 19, 2017
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for MONDAY, OCTOBER
23, 2017:
Council Informal Meeting Room
4'Floor County-City Building
227 W.Jefferson Blvd.
South Bend,IN 46601
3:00 P.M. ZONING&ANNEXATION OLIVER DAVIS,CHAIRPERSON
1. Bill No. 17-49-Special Exception for property located at 4321 S.Michigan St.
2. Bill No. 17-50-Special Exception for property located at 315 N.Main St.
3. Bill No. 54-17-Rezoning for property located at 3333 N. Kenmore St.
4. Substitute Bill No.55-17-Rezoning for property located at 212 E. South St.
5. Bill No. 17-71-Old National Area Fiscal Plan
6. Bill No. 12-17-Rezoning and Annexation for property located at Douglas and S.R.23 (Old
National Annexation Area)
3:45 P.M. PUBLIC WORKS& PROPERTY VACATION JOHN VOORDE,CHAIRPERSON
1. Bill No. 69-17-Street&Alley Vacation for property located on Corby St. &Eddy St.
(5 Corners,LLC)
3:55 P.M. COMMUNITY INVESTMENT GAVIN FERLIC,CHAIRPERSON
1. Substitute Bill No. 17-69-Confirming a Tax Abatement Modification of GLC SBDC II
2. Substitute Bill No. 78-17-Tax Abatement Enforcement Amendment
4:20 P.M. PERSONNEL&FINANCE KAREN L.WHITE,CHAIRPERSON
1. Bill No. 17-72-Issuing and Authorizing Bonds for the South Bend Redevelopment District
2. Bill No. 17-73-Issuing and Authorizing Bonds for the South Bend Park District
3. Bill No. 75-17-October 2017 Transfer Ordinance
4. Bill No.76-17-October 2017 Civil City Appropriation
5. Substitute Bill No.77-17-October 2017 Enterprise Funds Ordinance
6. Substitute Bill No.62-17-Fixing Maximum 2018 Salaries for Non-Bargaining Employees
7. Bill No. 65-17-Fixing Maximum Annual Pay and Fringe Benefits for SBFD for 2018-2021
Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately
after the adjournment of the Personnel&Finance Committee.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT,PRESIDENT
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
455 County-City Building•227 W.Jefferson Boulevard•South Bend.Indiana 46601
Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendIN.eov
JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH R.MOLNAR
CHIEF DEPUTY DEPUTY CLERK ORDINANCE VIOLATIONS
DIRECTOR OF OPERATIONS DIRECTOR OF POLICY BUREAU CLERK
cc: Mayor Pete Buttigieg
Committee Meeting List
News Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
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2017 COMMON COUNCIL STANDING COMMITTEES (Rev.o1-a-17)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real&personal tax abatement requests.
Gavin Ferlic, Chairperson Oliver Davis, Member
Regina Williams-Preston, Vice-Chairperson Randy Kelly, Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Office of Community Affairs and is charged with facilitating
partnerships&ongoing communications with other public and private entities operating within the City.
Regina Williams-Preston, Chairperson Gavin Ferlic, Member
Randy Kelly,Vice-Chairperson Karen White, Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. It duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Tim Scott, Member Dr. David Varner, Member
Jo Broden, Member Karen White, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement,ordinance violations,and related health and public safety matters.
Jo Broden, Chairperson Oliver Davis, Member
John Voorde,Vice-Chairperson Karen L. White, Member
INFORMATION AND TECHNOLOGY COMMITTEE
Oversees the various activities of the City's Division of Information Technologies in the Department of
Administration &Finance so that the City of South Bend remains competitive and on the cutting edge of
developments in this area. Reviewing and proposing upgrades to computer systems and web sites,developing
availability&access to GIS data and related technologies are just some of its many activities.
Tim Scott,Chairperson Dave Varner, Member
Gavin Ferlic,Vice-Chairperson Randy Kelly, Member
PARC COMMITTEE(Parks,Recreation,Cultural Arts& Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional
Stadium,Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of
Art,Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks
and Recreation.
Randy Kelly, Chairperson Oliver Davis, Member
Dr. Dave Varner, Vice-Chairperson John Voorde, Member
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2017 COMMON COUNCIL STANDING COMMITTEES(Rev.01-4-17)
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance,and reviews all proposed
salaries,budgets,appropriations&other fiscal matters,as well as personnel policies,health benefits&related
matters.
Karen L. White, Chairperson Regina Williams-Preston,Member
Gavin Ferlic, Vice-Chairperson John Voorde,Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department,the Department of Public Works&
related public works&property vacation issues.
John Voorde, Chairperson Jo M. Broden, Member
Randy Kelly, Vice-Chairperson Gavin Ferlic,Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities&issues related to neighborhood development&enhancement.
Karen White, Chairperson Regina Williams-Preston, Member
Jo Broden, Vice-Chairperson John Voorde, Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks,Bureau
of Sewers and all related matters.
Dr. David Varner, Chairperson Randy Kelly, Member
Oliver Davis, Vice-Chairperson Regina Williams-Preston, Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission,as well as all related matters addressing annexation
and zoning.
Oliver Davis, Chairperson Gavin Ferlic, Member
John Voorde, Vice-Chairperson Jo Broden, Member
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular,special and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council
Tim Scott
Dr. David Varner
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2016 COMMON COUNCIL STANDING COMMITTEES (Rev.01-4-17)
TIM SCOTT, 1sT District Council Member
PRESIDENT
Information and Technology,Chairperson Council Rules Committee,Member
Sub-Committee on Minutes,Member
REGINA WILLIAMS-PRESTON 2nd District Council Member
Community Relations Committee,Chairperson Residential Neighborhood Committee,Member
Community Investment Committee,Vice-Chairperson Personnel&Finance Committee,Member
Utilities Committee,Member
RANDY KELLY,3rd District Council Member
PARC Committee,Chairperson Community Investment Committee,Member
Community Relations Committee,Vice Chairperson Information&Technology Committee,Member
Public Works&Property Vacation,Vice Chair Utilities Committee,Member
JO BRODEN,4TH District Council Member
Health and Public Safety Committee,Chairperson Council Rules Committee,Member
Residential Neighborhood Committee,Vice-Chairperson Public Works&Property Vacation,Member
Zoning&Annexation Committee,Member
DR.DAVID VARNER, 5TH District Council Member
Utilities Committee,Chairperson Information&Technology Committee,Member
PARC Committee,Vice-Chairperson Council Rules Committee,Member
Sub-Committee on Minutes,Member
OLIVER DAVIS, 6TH District Council Member
Zoning&Annexation Committee,Chairperson Community Investment Committee,Member
Utilities Committee,Vice-Chairperson Health&Public Safety Committee,Member
PARC Committee,Member
GAVIN FERLIC,AT LARGE Council Member
Chairperson, Committee of the Whole
Community Investment Committee,Chairperson Community Relations Committee,Member
Information&Technology Committee,Vice-Chairperson Public Works&Property Vacation,Member
Personnel&Finance Committee,Vice-Chairperson Zoning&Annexation Committee,Member
KAREN L. WHITE,AT LARGE Council Member
Residential Neighborhood Committee,Chairperson Community Relations Committee,Member
Personnel&Finance Committee,Chairperson Council Rules Committee,Member
Health&Public Safety Committee,Member
JOHN VOORDE,AT LARGE Council Member
Public Works&Property Vacation,Chairperson Residential Neighborhood Committee,Member
Health and Public Safety,Vice-Chairperson PARC Committee,Member
Zoning&Annexation Committee,Vice-Chairperson Personnel&Finance Committee,Member
Bill No. 12-17
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
D'P.,) 17)i-t.,
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
127 W. JEFFERSON BLVD., ROOM 1$40 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (i741 23i.9i71
October 18,2017 '' Filed in Clerk's Ofiic;;3
South Bend Common Council
4(h Floor,County-City Building j OCT 1 8 2017
South Bend, IN 46601
6 AHP_ JWLEA
RE: Bill# 12-17 -- —
Rezoning: APC#2818-17 - 17330 State Route 23,South Bend
Dear Council Members:
The Area Plan Commission held a public hearing on October 17, 2017 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday,October 27,2017.
Ordinance &Petition Amendments:
The following changes have been made to the above referenced petition:
Petition:
1.) The ownership changed following the transfer of the property
2.) Variances were modified to match the revised site plan submitted
A Copy of the revisions are attached.
Public Hearim Summary:
There was 1 person that spoke in favor of the proposed zoning. The concerns addressed favor of
developing the site, changes in the area, and how the Cleveland Road Plan may not be keeping up with
expansive development. There were 3 that spoke in opposition to the proposed rezoning. There were
concerns over the children in the neighborhood, increased traffic volume, emergency response times to
the neighborhood, and concerns for environmental contamination in the neighborhood.
If you have any further questions,please feel free to contact me at(574)235-9571.
Sincercl
Da . Stanton, Jr.
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.Z T I O S F P I I C O I I N T Y I N D I A N A.C O M/A R E A P L A N
PETITIC. FOR ANNEXATION AND ZONE MAP._-✓IENDMENT
CityofSouth Bend Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
17330 State Road 23
South Bend,IN 46635
2) The property Tax Key Number(s)is/are: 002-2019-041102
3) Legal Descriptions: THAT PART OF THE SOUTHWEST QUARTER OFSECTION 29, TOWNSHIP 38 NORTH,
RANGE 3 EAST,ST.JOSEPH COUNTY, INDL4NA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT"A"IN STANDARD FEDERAL BANK REPLAT OF LOTS I
AND 2 IN TOWER MINOR SUBDIVISION, RECORDED A UG UST 29, 1994 AS INSTR UMENT NUMBER 94-32933
17V THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY, INDIANA;THENCE WEST ALONG THE
EXISTING CITY LIMIT LINE 122'MORE OR LESS TO THE WEST RIGHT-OF-WAX LINE OF STATE ROAD 23,
ALSO BEING THE EAST LAVE OF LOT 2A OF FOUNDATION CENTER FIRST REPLA TSUBDIVISION;THENCE
SOUTHWESTERLY ALONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 23, 417 FEET MORE OR LESS
TO THE SOUTHRIGHT-OF-WAYLINE OF DOUGLAS ROAD; THENCE EAST 120 FEET, MORE OR LESS, TO
THE EAST RIGHT-OF-LINE OF STATE ROAD 23; THENCE NORTHALONG THE EAST RIGHT-OF-WAY LINE
OF STATE ROAD 23 TO THE EXISTING CITYLIMIT,• THENCE WEST 18 FEET,MORE OR LESS,AND
NORTHEASTERLY 127 FEET, MORE OR LESS,ALONG THE EXISTING CITY LIMIT LINE; THENCE
SOUTHEASTERLY 30 FEET MORE, OR LESS,AND EASTERLY215 FEET,MORE OR LESS,ALONG THE
EXISTING CITY LIMIT LINE TO THE SOUTHEAST CORNER OF LOT`A"IN STANDARD FEDERAL BANK
REPLAT OF LOTS I AND 21N TOWER MINOR SUBDIVISION,RECORDED AUGUST 29, 1994 AS INSTRUMENT
NUMBER 94-329331N THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY, INDL4NA; THENCE
NORTHALONG THE EAST LINE OF SAID LOT 160 FEET; THENCE EAST ALONG THE SOUTH LINE OF SAID
LOT 102.3 FEET- THENCE NORTHALONG THE EAST LINE OF SAID LOT 80 FEET TO THE NORTHWEST
CORNER OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 143.6 FEET TO THE POINT
OF BEGINNING.
4) Total Site Area: 0.92 Acre+1- Filed in Clerk's
5) Name and address of property owner(s)of the petition site:
Star 002, LLC(Attu:Ron V. Patel) , OCT 1 8 20�
14612 Carrigan Courtt 1
Granger,IN 46530 --
260-602-6655
ronvpatel@kanorgroup.com
Name and address of additional property owners,if applicable:N/A
6) Name and address of contingent purchaser(s), if applicable:
N/A -Star 002, LLC purchased the subject property from Old Natinal Bank on June 12, 2017.
Name and address of additional property owners, if applicable: N/A
7
7) It is desired and requested that this property be rezoned:
From: C: Commercial District(County) N/Al$
To: CB Community Business District
8) This rezoning is requested to allow the following use(s): Gas Station and Convenience Store
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1)List each variance being requested.Contact Commission Staff if you need assistance.
2) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community: See attached.
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and: See attached.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: See attached.
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s)being requested: N/A
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: N/A
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: N/A
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and: N/A
(d) The proposed use is compatible will, the recommendations of the City of South Bend Comprehensive
Plan.N/A
* In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition. {�
CONTACT PERSON:
Abonmarche Consultants, Inc. (Attn. Brian McMorrow) SEP 2 0?817
750 Lincoln Way East
South Bend, IN 46601 ,l
(574) 314-1022 ✓
bmcmorrow@abonmarche.com
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 AB LFORE HEEAREA COMMISSION AND COUNTY COUNCIL
AND TO ANSWER ANY AND QUESTIONS
Signatures)of all prop owner(s),or signature of Attorney for all property owner(s):
j
ATTACHMENT-PETITION FOR ZONE MAP AMENDMENT,ANNEXATIONFand-VARIANGE :t
17330 STATE ROAD 23-PARCEL NO.002-2019-041102(0.92 ACRE+!-)
i' SEP 2 0 2t?17
f AREA f LA!,-C0iV 11S,S'!O€1a
Zone Map Amendment and Annexation � ;^>t�i;u;�';ft;:�2r,,p2 9�8
�r.
(a) The proposed zone change will not be injurious to the public health,safety, comfort, community
moral standards,convenience or general welfare because:
a. The Petitioner plans to utilize existing driveways in their same basic position and
configuration,thus maintaining same traffic movements to and from the subject property.
"Automobile service stations for the retail sale and dispensing of fuel" are permitted in
the current "C (Commercial District)"of the County of St. Joseph, so amending the
Zoning Map for the City of South Bend to designate the subject property as "CB
(Community Business)" will have no impact because "Automotive Uses: Gasoline
Service Station" is a permitted use in the code(at Section 21-03.05.(a)(1)(A)).
(b) The proposed zone change will not injure or adversely affect the use of the adjacent area or
property values therein because:
a. The proposed use is permitted in both present zoning of the County and present zoning of
the City.
(c) The proposed zone change will be consistent with the character of the district in which it is
located and the land uses authorized therein because:
a. "CB (Community Business)' is the zoning of adjacent properties on the same side of
Douglas Road as the subject property.
b. The Petitioner is voluntarily proposing building materials, roof materials and pitch,
signage,and landscaping that is compatible with the character of this neighborhood.
(d) The proposed zone change is compatible with the recommendations of the City of South Bend
Comprehensive Plan because:
a. The Plan provides a Future Land Use Map (Map 3.1, page 20), showing "Commercial"
development for the subject property.
b. The proposed use is compatible with adjacent uses,thus consistent with Objective LU 2
set forth in the Comprehensive Plan, and appropriate for an intersection with an Urban
Arterial (SR 23).
Variances
The Petitioner respectfully requests these variances from the South Bend Zoning Code:
Sec 21-03.05(b) (3) (A) ii.- Proposing an Interior Access Drive within 6' of the right-of-way line in the
Front Yard whereas the code requires a minimum of 15'.
Sec 21-03.05(b)(11)(A)v—Proposing an Outdoor Seating Area of 732 SF(or 2 1.1% of the Gross Floor
Area of the Convenience Store) to accommodate 20 seats whereas the code permits only 346 SF(i.e., no
more than 10%of a"Restaurant").
Sec 21-07.01(c) (1) (B) — Proposing 29 Hedge Plants for Foundation Landscaping whereas 52 Hedge
Plants are required,given the width of the building elevations that face a Front Yard.
O:\ProlectsLlndiana\Non-Governmental\Star 001,Inc\17-0300 17330SR 23,South BendVetition—Annexation and Rezoning
`q S£P 2 0 9017
(a) The proposed variances will not be injurious to the public health, safety, comfort, community
moral standards,convenience or general welfare because:
a. None of the deviations from Code compromise public health,safety,comfort,community
moral standards, convenience or general welfare. Appropriate sight distances are being
provided, safe and secure lighting will be provided,and outdoor seating areas are to be
provided behind a raised curb and in an area remote from roadway traffic.
(b) The proposed variances will not adversely affect the use and value of the area adjacent to the
property because:
a, The proposed use is permitted in both present zoning of the County and present zoning of
the City.
b. The Petitioner is voluntarily proposing building materials, roof materials and pitch,
signage, and landscaping that is compatible with the character of this neighborhood.
(c) Strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property because:
a. While compliance with these three(3)particular code requirements could possibly be met
if the convenience store was placed closer to the right-of-way line (and the fuel island
placed behind it), the unusual shape of the property (with its angular right-of-way
alignment) and massing of the principal building make such alternative Less desirable
than what the Petitioner proposes.
O:\Projects\_Indiana\Non-Governmental\Star 001,In c\17-0300 17330 SR 23,South Bend\Petition—Annexation and Rezoning
LAWRENCE P. MAGLIOZZI
q OG EXEI'U'I'1I'F II 1 I:('I OR
Angela M. Smith
11rpu1;Uireclor
AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN
227 W. IF FFFRSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUTH BEIJ D, t"M{I� AY�M. lJ1vPl.i'8�€31t$'�_�.1157
Wednesday,October 18,2017
OCT 18 2017
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend,IN 46601
RE: A proposed ordinance of Star 002,LLC to zone from C:Commercial District(County)to CB Community
Business District(City)property located at the northeast corner of Douglas Road and State Road 23,
commonly known as 17330 State Road 23,City of South Bend-APC#2818-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Star 002,LLC was legally advertised on October 5,2017
and that the Area Plan Commission at its public hearing on October 17,2017 took the following action:
Upon a motion by John McNamara, being seconded by Martin Madigan and unanimously carried,a
proposed ordinance of Star 002,LLC to zone from C: Commercial District to CB Community
Business District,property located at the northeast corner of Douglas Road and State Road 23,
commonly known as 17330 State Road 23,City of South Bend, is sent to the Common Council with a
UNFAVORABLE recommendation.Rezoning this property to the CB Community Business District
would be out of character for the area.The intent of the CB Community Business District is to provide
a location for high volume and high intensity commercial uses,often large space uses with outdoor
sales and operations.This node has developed as an office district that serves as a buffer between the
commercial properties to the east and the residential properties to the west,north,and south.The auto-
related retail use of the site conflicts with the single family, residential,educational,and medical uses
for which the area is currently comprised.
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,
Lawrence P.Magliozzl
Attachment
CC: Star 002, LLC
Abonmarche Consultants, LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA 5 ROSELAND
W W W S I C I N D,,,N w.C OH.]D6 1.1pl..
Flaed in Clerk's :,!, .. .;
Staff Report i OCT -18
10/6/2017
APC# 2818-17 �_
Owner: Star 002, LLC ?t^•3 �'���
Location: the northeast corner of Douglas-Road and-State Road 23, commonly
known as 17330 State Road 23
Jurisdiction: City of South Bend
Public Hearing Date: 10/17/2017
Requested Action:
The petitioner is requesting a zone change from C: Commercial District(County)to CB
Community Business District(City of South Bend).
Land Uses and Zoning:
On site: On site is a former bank with its associated parking.
North: To the north is a daycare center,zoned O Office District(City of South
Bend).
East: To the east is a vacant lot,zoned CB Community Business District(City of
South Bend)and a daycare center,zoned O Office District(City of South
Bend).
South: To the south across Douglas Road is a bank,zoned B: Business District
(County).
West: To the west across State Route 23 (SR 23) is the Foundation Center Office
Park,zoned B: Business District(County),along the State Route 23 and
Douglas Road frontages.
District Uses and Development Standards:
The CB Community Business District is established to provide a location for high volume
and high intensity commercial uses. Activities in this district are often large space users
which may include limited amounts of outdoor sales or outdoor operations. Developments
within the CB District shall be coordinated to facilitate vehicular and pedestrian access
from nearby residential districts.
Site Plan Description:
The proposed site contains a 3,462 square foot convenience store with 21 parking spaces.
A 732 square foot outdoor seating area is proposed. An Underground Fuel Storage Tank
will be situated in the corner of the property where SR23 and Douglas Road intersect and
be adjacent to an overhead canopy for 5 pump islands.
Zoning and Land Use History And Trends:
In 1986,a portion of the site was zoned to C Commercial,subject to a final site
development plan which limited the use of the site to a bank. In 1994,the remainder of the
site was rezoned to allow for the parking lot. In 2007,the site to the east was rezoned from
R: Single Family District(County)to CB Community Business District(City)to convert
two structures into professional offices. In 2014, the site to the north rezoned from R:
Single Family District(County)to O Office District(City) for a daycare center.
Traffic and Transportation Considerations:
APC# 2818-17 Page I of 5
Staff Report 10/6/2017
SR 23 has 4 lanes of traffic with a center turn lane that terminates at the site. Douglas
Road has 4 lanes of traffic east of SR 23 which narrows to 2 lanes as you travel west of the
intersection. Traveling westbound on Douglas Road,prior to the intersection, the 4 lane
roadway adds 2 dedicated left hand turn lanes unto SR 23.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The City Engineer recommends approval subject to review and approval of sidewalks,
curb cut, lighting,and overall improvements to the site. Public Works will need to see a
sight triangle at the intersection showing position of the proposed signage and will also
need to show a sight triangle at the approaches showing any potential impacts from the
proposed landscaping. The approach on Douglas needs to fit entirely within the boundaries
of the parcel, including the curb radius. Approaches to be constructed need to meet current
City standards. Documentation will need to be provided that shows that INDOT has
reviewed and approved the interaction of the site with the State right-of-way. The street
lighting relocation plan will need to meet current City Standards. Development of the site
requires City approval of a Drainage Plan and meets the requirement to store all runoff
from developed areas on site.
The Department Community Investment(DCI)would offer a favorable recommendation
on the request should the petitioner adopt the recommendations provided below to
strengthen the project. The area around State Road 23 and Douglas Road features
buildings of higher design quality constructed primarily of brick and is heavily
landscaped. The subject parcel is also keeping with this quality. Any new project in this
area should provide the same level of quality;anything less would be a step backwards for
development in the area. Accordingly, DCI recommends the following: Provide
architectural/building finishes consistent with the quality of surrounding properties (plus
that of the existing bank building on-site): Windows should be provided on the
convenience store to the two street-facing sides(as shown on the architectural concepts);
Awnings or equivalent finish should be provided for all street-facing windows (currently
not shown on northwest elevation);the convenience store should be faced with brick
and/or stone. Banding or two colors/materials can be used. See adjoining Rainbow
Childcare and Horizon Bank buildings as examples; the convenience store should have a
pitched roof(as shown on the architectural concepts); the gas station canopy need not have
a pitched roof, but it should coordinate with the building and have support columns faced
with brick and/or stone(could be banded or two colors/materials like the building). Trim
at the roof line could be considered. Provide landscaping consistent with that found across
the street at Foundation Center,at other nearby properties, and along State Road 23.
Provide required perimeter trees,mimicking tree line found to the northwest of the site.
Provide a hedge row(3' height, 3' on-center spacing)along the street perimeters; similar
treatments are found at Rainbow Childcare and at LaSalle Avenue 7-11 (paired with trees).
Add foundation landscaping along northwest fagade facing State Road 23. Landscape the
areas shown as paved, but hatch striped, on the preliminary site plan; this will add to
attractiveness and reduce amount of paved surfaces. Consider an irrigation system to
ensure health of plantings. To provide consistency with other signs in the area(Foundation
APC# 2818-17 Page 2 of 5
Staff Report 10/6/2017
Center,Rainbow Child),commit to using the LB sign standards. Like those properties,the
sign should coordinate (base/trim elements)with the design of the building and canopy
(the signage as shown in the architectural concepts appear consistent with these points).
The parking count exceeds minimum standards and would appear to exceed what would
be utilized. Consider reducing the size of the parking lot along the northern portion of the
site to lessen the amount of paved surfaces and development costs. Please note that the site
should be designed to accommodate a connecting driveway to the property to the east.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The Petition is not consistent with the following: City Plan, South Bend Comprehensive
Plan (November, 2006)Objective LU 2.4 Provide buffer spaces between non-compatible
land uses. Objective UD 1.4: Encourage attractive and architecturally appealing designs
for buildings to create distinctive,visual reference points in the community. Objective UD
1.7: Promote urban design elements in new developments that are appropriately scaled and
conducive to pedestrians, including pedestrian safety considerations. Objective UD 4:
Improve the character of the community's entryways and corridors.
Land Use Plan:
The Future Land Use Map identifies this area as a regional commercial node.
Plan Implementation/Other Plans:
The site is not consistent with the Cleveland Road/State Route 23 Corridor Analysis.The
Corridor Analysis states that additional commercial development along both Cleveland
and SR 23 should be discouraged. Further, it also recommends that office-type uses be
allowed to locate on some of the developable parcels of land along Cleveland Road and
SR 23.
2. Current Conditions and Character:
The SR 23 corridor at the Douglas Road intersection has developed primarily around
office and educational uses,which blend with and/or buffer their neighboring residential
uses. The sites in this area are also extensively landscaped with minimal curb cuts.
3. Most Desirable Use:
The most desirable use is office and/or small institutional uses that have low traffic
volumes.
4. Conservation of Property Values:
Property values in the surrounding district may be negatively affected if the property is
zoned for retail automotive use.
5. Responsible Development And Growth:
It is not responsible development or sustainable growth practice to allow an auto oriented
development in a location where pedestrian and automobile access is inadequate and/or
hazardous to neighboring child care and educational facilities.
APC 4 2818-17 Page 3 of 5
Staff Report 10/6/2017
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning and 3 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1)from the required 15'setback for parking and interior access drives to 6'
2) from the maximum allowed 10%of the gross floor area for outdoor seating to 22%;
3) from the required foundation landscaping to none
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
(1)The approval will not be injurious to the public health,safety,morals and general
welfare of the community;
Approval of variance#1 may be injurious to the general welfare of the neighboring
community. The drive aisles extend 9' into the 15' front yard setbacks, which are intended
to accommodate reasonable space between automobile traffic and the adjacent public right-
of-way. Limiting this buffer space is cause for concerns to safety and public health.
(2) The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
An increase in the gross floor area for outdoor seating from 10%to 22% may not affect
neighboring properties. However, the absence of foundation landscaping may have an
adverse affect on surrounding properties. It is the intent of the landscaping ordinance to
provide a visual barrier to buffer any negative impacts placed on surrounding properties.
(3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Because the site would be newly constructed,there would be no practical difficulty in
complying with the required provisions of this ordinance.
Staff Comments:
The properties located at the Douglas Road and SR 23 intersection have developed in a
manner reflective of a heavily landscaped office district. If the existing properties located
at the other three corners of the intersection were to annex to the City of South Bend, staff
would encourage them to seek the O Office Zoning designation, which would be the least
intense district in which the uses first appear.The bank that previously occupied this site
would have been pennitted within the O Office District and was consistent with the
character of the area. The staff would recommend that the petitioner consider revising their
request to the O Office District. This District would allow for a wide range of uses
compatible with the immediate area, and the SR 23 corridor in general, and to which the
existing building could be easily adapted to.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the
APC 4 2818-17 Page 4 of 5
Staff Report 10/6/2017
rezoning petition be sent to the Common Council with an unfavorable recommendation.
Staff recommends denial of the variances.
Analysis:
Rezoning this property to the CB Community Business District would be out of character
for the area. The intent of the CB Community Business District is to provide a location for
high volume and high intensity commercial uses, often large space uses with outdoor sales
and operations. This node has developed as an office district that serves as a buffer
between the commercial properties to the east and the residential properties to the west,
north, and south. The auto-related retail use of the site conflicts with the single family,
residential,educational, and medical uses for which the area is currently comprised.
APC# 2818-17 Page 5 of 5
Bill No. 12-17
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 4, FOR 17330 STATE ROAD 23, SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To allow for uses in CB Community Business
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. That the following described real estate situated in St. Joseph County.
Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external
boundaries with the present boundaries of the City of South Bend, Indiana, shall be and
hereby is annexed to and brought within the City of South Bend:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH,
RANGE 3 EAST, ST. JOSEPH COUNTY. INDIANA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT "A" IN
STANDARD FEDERAL BANK REPLAT OF LOTS 1 AND 2 IN TOWER MINOR SUBDIVISION.
RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 94-32933 IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH COUNTY, INDIANA : THENCE WEST ALONG THE
EXISTING CITY LIMIT LINE 122' MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF
STATE ROAD 23, ALSO BEING THE EAST LINE OF LOT 2A OF FOUNDATION CENTER
FIRST REPLAT SUBDIVISION; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT-OF-
WAY LINE OF STATE ROAD 23, 417 FEET MORE OR LESS TO THE SOUTH RIGHT-OF-
WAY LINE OF DOUGLAS ROAD; THENCE EAST 120 FEET. MORE OR LESS. TO THE EAST
RIGHT-OF-LINE OF STATE ROAD 23; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY
LINE OF STATE ROAD 23 TO THE EXISTING CITY LIMIT: THENCE WEST 18 FEET. MORE
OR LESS, AND NORTHEASTERLY 127 FEET, MORE OR LESS. ALONG THE EXISTING
CITY LIMIT LINE; THENCE SOUTHEASTERLY 30 FEET MORE, OR LESS, AND EASTERLY
215 FEET, MORE OR LESS, ALONG THE EXISTING CITY LIMIT LINE TO THE SOUTHEAST
CORNER OF LOT "A IN STANDARD FEDERAL BANK REPLAT OF LOTS 1 AND 2 IN
TOWER MINOR SUBDIVISION. RECORDED AUGUST 29. 1994 AS INSTRUMENT NUMBER
94-32933 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA;
THENCE NORTH ALONG THE EAST LINE OF SAID LOT 160 FEET; THENCE EAST ALONG
THE SOUTH LINE OF SAID LOT 102.3 FEET: THENCE NORTH ALONG THE EAST LINE OF
SAID LOT 80 FEET TO THE NORTHWEST CORNER OF SAID LOT: THENCE WEST ALONG
THE NORTH LINE OF SAID LOT 143.6 FEET TO THE POINT OF BEGINNING.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are
hereby declared to be extended so as to include the real estate of the above described
parcel as part of the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495-04, as 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 above described real
estate, with the exception of all adjacent right-of-ways, in the City of South Bend, St.
Joseph County, Indiana be and the same is hereby established as CB COMMUNITY
BUSINESS DISTRICT, provided, however, that the required established, and stated
procedures for review of such zoning classification by the Area Plan Commission have
been fully satisfied.
SECTION IV. This Ordinance shall be in full force and effect 30 days 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.
City Clerk
I
Approved and signed by me on the day of , 2 at
o'clock M.
FTFH;edin Clerk's Office
Mayor, City of South Bend, IndianA —� f
MAR 0 8 2017
{ KAREEMAH FOWLER
CrTy CLERK,SOUTH BEND,IN j
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Larry Magliozzi
Frorn: David Shock <dhs198 @sbc91oba1.net>
Sent: Saturday,October 14,2017 6:20 PM
To: Larry Magliozzi r ,Icy-'d in Clerk's
Cc: John Leader;Noel Yarger I ��
Subject: Petition AP#2818-17. OCT 18 207
FOVVLER
Dear Mr. Magliozzi, ---- —
On behalf of the homeowners living along the section of Juday Creek located near the intersection of Douglas
and State Road 23 and as President of the Juday Creek/Dugdale Acres Neighborhood Association, I am writing
to voice our opposition to the petition AP#2818-17. We are very concerned because, as you already
know, construction of a gas station is not easily converted to other uses. A poorly planned decision can impact
the area for generations to come and prevent the development of a project on this site which could have a
positive impact on the neighborhood. Our association has concerns on the following topics.
1. Health effects: Concerns over the air quality caused by refueling trucks, which on an average,refuel gas
stations every three days.
2. Lighting: Harsh commercial lighting impacts on the nearby residential areas;
3. Noise: Refueling operations,loud conversations from outdoor seating,snow blowing,trash pick-up,etc:
4. Blighting: Littering, noise, traffic snarls, loitering. There are several bars and restaurants that close in the
early morning hours. This neighborhood is very concern about suffering similar problems that are currently
being experienced at the intersection of Ironwood and Douglas.
5. Property Values: Gas stations have never increased residential property values. No one wants to live near
a gas station;
6. Visual impact on the neighborhood's character which is residential and attractive office space;
7. Wetland impact; Eight acres of designed wetlands is located approximately 'V2 mile from this location.
Overflow run off from gasolines, oils,salts and other chemicals from high traffic use is a concern for this area.
8. Road Traffic in the area around Douglas and SR 23: Is there anyone in this area not aware of the nightmare
traffic snarls that occur frequently in this area? Many of the streets are dead-end streets and our only access to
State Road 23 can be blocked by the backed up traffic when an accident is being investigated. The frequent
stop and go traffic from a gas station will certainly not improve the already congested area.
This type of business is not needed in this area. We already have a successful gas station/convenience store,the
7-11 store at 910 Douglas Road,that is only 1/2 mile from the above location.
We would be very appreciative of your support in this matter.Thank you for your consideration.
Please feel free to forward this email to anyone who might be interested in our input.
1
Wanda Shock, President
17346 McErlain Street
South Bend, In 46635
Juday Creek/Dugdale Acres Neighborhood Association
dhsl98@sbcglobal.net
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Bill No. 54-17
LAWRENCE P. MAGLIOZZI
C I X C UT I V 111 E.CT OR
Angela M. Smith
Depnlp riiI
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 1V, JLFFLKSON BLVD., ROOM I I411 COUNTY-CITY BUILDING, SOUTH BESI), INDIANA 46601 (i74) 23i.9371
October 18, 2017 y in
South Bend Common Council
41h Floor,County-City Building i OCT 18 2017
South Bend, IN 46601
RE: Bill#58-17
Rezoning: APC#2840-17 - 3333 N. Kenmore,South Bend
Dear Council Members:
The Area Plan Commission held a public hearing on October 17, 2017 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday,October 27,2017.
Ordinance & Petition Amendments:
The Following changes have been made to the above referenced petition:
Petition:
1.) Variances were added to the petition to match the revised site plan
A Copy of the revisions are attached.
Public Hearing Summary:
There was no one present to speak in favor or opposition to the proposed rezoning.
If you have any further questions,please feel flee to contact me at(574)235-9571.
Sincerely,
David M. Stanton, Jr.
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA R ROSELAND
W W W.S T J O S E P H CCU N T Y I N DIANA.C O M/AREA PLAN
LAWRENCE P. MAGLIOZZI
<'lC(IVE 11IRhl'IOR
Angela M. Smith
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 ('011N'f Y•CI"I'Y B111LDINC, 50111-H BEND, INDIANA 15601 (S74)21S-9571
Wednesday,October 18,2017
The Honorable Council of the City of South Bend I OCT j
4th Floor,County-City Building
South Bend, IN 46601
RE: A proposed ordinance of DAFIR Realty LLC and to zone from LI Light Industrial District to GI General
Industrial District property located at 3333 N.Kenmore Street and the vacant lot west of and adjacent to,City
of South Bend-APC#2840-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of DAFIR Realty LLC and was legally advertised on October
5,2017 and that the Area Plan Commission at its public hearing on October 17,2017 took the following action:
Upon a motion by John McNamara, being seconded by Oliver Davis and unanimously carried,a
proposed ordinance of DAFIR Realty LLC to zone from L1 Light Industrial District to GI General
Industrial District, property located at 3333 N. Kenmore Street and the vacant lot west of and adjacent
to,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.
Rezoning the property to GI General Industrial will allow for the redevelopment of an industrial site in
a manner consistent with the surrounding area.
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, /I
7
Lawrence P. Magltozzl
Attachment
CC: DAFIR Realty LLC
Danch,Harper&Associates, Inc.
Tri-Pac, Inc.,Attn: Vikram Shah
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBLRTY, OSCEOLA & ROSELAND
VIv.w. $JCINOIANA.COM/J0JJa„ play
j
OCT i 8 2011
Staff Report 10/6/2017
APC # 2840-17
Owner: DAFIR Realty LLC
Location: 3333 N. Kenmore Street and the vacant lot west of and adjacent to
Jurisdiction: City of South Bend
Public Hearing Date: 10/17/2017
Requested Action:
The petitioner is requesting a zone change from LI Light Industrial District to GI General
Industrial District and seeking five variances from the development standards
Land Uses and Zoning:
On site: On site is a manufacturing establishment
North: To the north across Nimtz Parkway are 2 vacant lots zoned L1 Light
Industrial District
East: To the east across Kenmore is a vacant lot zoned LI Light Industrial District
South: To the south are industrial buildings zoned LI Light Industrial District.
West: To the west is a vacant lot and cell tower zoned LI Light Industrial District
District Uses and Development Standards:
The GI General Industrial District is established to provide for development of
manufacturing and processing facilities or facilities which may require substantial amounts
of outdoor storage or outdoor operations. Permitted uses in this district tend to generate
heavy traffic and require extensive community facilities. Permitted uses in this district
may require extensive amounts of outdoor storage or outdoor operations.The permitted
uses provided for in this district should be separated from residential districts or low
intensity commercial /mixed use districts by less intense industrial districts.
Site Plan Description:
The 9.14 acres site contains an existing 45,200 square foot building with a 6,000 square
foot office. There are 53 existing parking spaces. The site plan shows a two phase
expansion totaling 56,000 square feet of additional industrial space. The petition is
preserving the mature trees on site, plus adding parking screening and screening of the
proposed loading areas. The proposed site plan includes outdoor storage areas with solvent
and propellant tanks.
Zoning and Land Use History And Trends:
This site has been LI Light Industrial District since the adoption of the new zoning maps in
2005.
Traffic and Transportation Considerations:
Kenmore has two lanes.Nimtz Parkway has four lanes.
Utilities:
The site is served by municipal water and sewer.
Agency Comments:
The City Engineer recommends approval subject to review and approval of sidewalks,
APC# 2840-17 Page I of 4
Staff Report 10/6/2017
curb cut, lighting,and overall improvements to the site. Development of the site requires
City approval of a Drainage Plan and meets the requirement to store all runoff from
developed areas on site,along with compliance with the City's Downspout Disconnection
Program. The approaches shown at the truck entrance near solvent storage tanks will need
to be reviewed by the Engineering Department via the curb cut application process.
The Department of Community Investment(DCI)offers a favorable recommendation
subject to the suggestions provided below. Properties along Nimtz Parkway feature a high
landscape character and above average building design; these comments seek to preserve
that character. DCI recommends the following: Tanks,storage areas,and similar features
should not be located in front yards; Any new gas house/charging area placed in a front
yard should be built in a manner and with materials that complement the existing
building's architecture; The lot should be heavily landscaped, even to exceed ordinance
standards, especially along the Nimtz frontage. To the degree permitted by existing space
and business operations,all parking areas and outdoor tanks and storage areas should be
landscaped screened. Any fencing visible from the Nimtz or Kenmore street frontages
should be of a decorative style(not chain-link).
The Airport authority noted that future expansion will require completion of FAA Form
7460 to ensure the planned height of the facility is not a concern. Additionally, exterior
lighting of this facility must also be considered so as to not cause any issues with arriving
and departing aircraft.
The Building Department had the following comments: Any additions to existing building
must meet the Airport Economic Area guidelines for architecture materials and finishes on
new buildings or additions including at least 1/3 of building facade to be covered with
masonry wainscoting. A request for an alternative covering for an interim period to
accommodate an easier tie-in on the West side between Phase I and Phase II or for the
finishing of Phase II will require a Design Appeal and Approval.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan,November,
2006), Objective ED2: Retain existing businesses and recruit new ones.
Land Use Plan:
The future land use map identifies this area as light industrial.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The properties along Nimtz Parkway and Kenmore have developed as light industrial uses.
APC# 2840-17 Page 2 of 4
Staff Report 10/6/2017
3. Most Desirable Use:
The most desirable use for this site is industrial.
4. Conservation of Property Values:
The site is located in an established industrial area. The proposed site is compatible in
scale and use,and should not adversely affect surrounding property values.
5. Responsible Development And Growth:
It is responsible development and growth to allow the development of industrial uses along
major transportation routes.
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning and 5 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1)from the required landscaping of required perimeter yards to none
2) from the required foundation landscaping to no foundation landscaping on the north
elevation and to the existing on the east
3) from the required interior off-street area landscaping to none
4)from the required minimum loading space dimensions and maneuvering aisle widths;
5)to allow loading between the front lot line and front facade of the building
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved.The standards and their justifications are as follows:
(1)The approval will not be injurious to the public health,safety,morals and general
welfare of the community;
The proposed development variances should not have an impact on the public health,
safety, and general welfare of the community.
(2)The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
Because the property is an established industrial use there will be minimal changes to the
site. Property values should not be adversely impacted.
(3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Due to the fact that the site is an existing building located on a corner lot with two front
yards, strict application of the development standards for loading areas would create
practical difficulties in the development of the site. The landscaping meets the intent of the
ordinance shown on the plan. Strict application would require the removal of mature
landscaping.
Staff Comments:
Because of the nature of the use,the staff recommends the solvent storage area either be
APC# 2840-17 Page 3 of 4
Staff Report 10/6/2017
located behind the front buildin, line or screened with Type B landscaping on the east and
west.
Recommendation:
Based on information available prior to the public hearing,the staff recommends the
rezoning petition be sent to the Common Council with a favorable recommendation. The
staff recommends approval of the landscaping variances(variances 1-3) for the current
building only. Future development should meet the landscaping regulations in place at the
time of development. The staff recommends approval of the variances for the loading areas
(variances 4-5).
Analysis:
Rezoning the property to GI General Industrial will allow for the redevelopment of an
industrial site in a manner consistent with the surrounding area.
All C' 28= 0-17 Page 4of4
Bill No. 54-17
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 3333 N. KENMORE ST, COUNCILMANIC DISTRICT NO.1 IN THE CITY
OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Manufacturing Pharmaceutical and Consumer Products
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 1 : A PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP
38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH.
INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
QUARTER OF SAID SECTION 28; THENCE SOUTH 89°48'05" WEST (THE
BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 28
IS ASSUMED NORTH 90°00'00" WEST). A DISTANCE OF 1 ,345.00 FEET ALONG
THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 000'22"
WEST, A DISTANCE OF 50.00 FEET TO THE WESTERN BOUNDARY OF
KENMORE STREET AND THE POINT OF BEGINNING; THENCE SOUTH 0°00'23"
WEST, A DISTANCE OF 146.47 FEET ALONG THE WESTERN BOUNDARY,
THENCE SOUTHERLY ALONG SAID BOUNDARY 297.10 FEET ALONG AN ARC TO
THE LEFT HAVING A RADIUS OF 1 ,949.86 FEET AND SUBTENDED BY A LONG
CORD HAVING A BEARING OF SOUTH 04 021'31" EAST AND A LENGTH OF 296.77
FEET; THENCE SOUTH 89°48'05" WEST, A DISTANCE OF 499.31 FEET: THENCE
NORTH 00 002'41" EAST, A DISTANCE OF 452.50 FEET TO THE SOUTH
BOUNDARY OF CLEVELAND ROAD; THENCE NORTH 89°48'05" EAST, A
DISTANCE OF 466.42 FEET ALONG SAID SOUTH BOUNDARY; THENCE SOUTH
45 1105'46" EAST, A DISTANCE OF 14.12 FEET TO THE POINT OF BEGINNING,
PARCEL 2: A PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP
38 NORTH. RANGE 2 EAST, CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH.
INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
QUARTER OF SAID SECTION 28; THENCE SOUTH 89°48'05" WEST (THE
BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 28
IS ASSUMED NORTH 90°00'00" WEST). A DISTANCE OF 1821 .42 FEET ALONG
THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 0°00'23"
WEST, A DISTANCE OF 40.00 FEET TO THE NORTH BOUNDARY OF CLEVELAND
ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 0°02'41" WEST A
DISTANCE OF 452.50 FEET; THENCE 89°48'05" WEST A DISTANCE OF 391.24
FEET; THENCE NORTH 0°02'41" EAST A DISTANCE OF 452.50 FEET TO THE
SOUTH BOUNDARY OF CLEVELAND ROAD; THENCE NORTH 89°48'05" EAST A
DISTANCE OF 391.24 FEET ALONG SAID SOUTH BOUNDARY TO THE POINT OF
BEGINNING.
be and the same is hereby established as GI GENERAL INDUSTRIAL DISTRICT.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
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.
City Clerk
Approved and signed by me on the day of 2 , at
o'clock M.
I-""
File ;n nir"!� Office
Mayor, City of South Bend, Indiana -
PUBLIC HL, LIP 10 1 2017
3 rd READING
NOT APPROVGZ
REFERRED KAREEMAH FOWLER
PASSED CITY CLERK,SO'..ITH BEAD;IN
j SEP 2 g 2917
t is 3} s•r•: SIGN PETITION FOR ZONE MAP AMENDNi, AT OCT 1 8 101
City of South Bend Indiana
Y(we) the uniTersig=ake application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
THE SOUTHWEST CORNER OF NIMTZ PARKWAYAND KENMORE STREET ADDRESS:3333 NORTH
KENMORE STREET AND THE VACANT LAND WEST OF AND ADJACENT TO SAID KENMORE PROPERTY,
SOUTH BEND,INDIANA 46628.
2) The property Tax Key Number(s)is/are: 025-1010-038504&025-1010-0.38.505
3) Legal Descriptions:
PARCEL 1:A PART OF THE NORTHEAST QUARTER OF SECTION 28,TOWNSHIP 38 NORTH,RANGE 2 EAST,CITY
OF SOUTH BEND,COUNTY OF ST.JOSEPH,INDIANA,DESCRIBED AS FOLLOWS:COMMENCING AT THE
NORTHEAST QUARTER OF SAID SECTION 28;THENCE SOUTH 89°48'05"WEST(THE BEARING OF THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SECTION 28 IS ASSUMED NORTH 90°00'00"WEST),A DISTANCE OF
1,345.00 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER;THENCE SOUTH 0°00'22"WEST,A
DISTANCE OF 50.00 FEET TO THE WESTERN BOUNDARY OF KENMORE STREET AND THE POINT OF
BEGINNING;THENCE SOUTH 0 000'23"WEST,A DISTANCE OF 146.47 FEET ALONG THE WESTERN BOUNDARY;
THENCE SOUTHERLY ALONG SAID BOUNDARY 297.10 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS
OF 1,949.86 FEET AND SUBTENDED BY A LONG CORD HAVING A BEARING OF SOUTH 04°21'31"EAST AND A
LENGTH OF 296.77 FEET;THENCE SOUTH 89°48'05"WEST,A DISTANCE OF 499.31 FEET,THENCE NORTH
00 002'41"EAST,A DISTANCE OF 452.50 FEET TO THE SOUTH BOUNDARY OF CLEVELAND ROAD;THENCE
NORTH 89°48'05"EAST,A DISTANCE OF 466.42 FEET ALONG SAID SOUTH BOUNDARY;THENCE SOUTH
45 005'46"EAST,A DISTANCE OF 14.12 FEET TO THE POINT OF BEGINNING,
PARCEL 2:A PART OF THE NORTHEAST QUARTER OF SECTION 28,TOWNSHIP 38 NORTH,RANGE 2 EAST,CITY
OF SOUTH BEND,COUNTY OF ST.JOSEPH,INDIANA,DESCRIBED AS FOLLOWS:COMMENCING AT THE
NORTHEAST QUARTER OF SAID SECTION 28;THENCE SOUTH 89°48'05"WEST(THE BEARING OF THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SECTION 28 IS ASSUMED NORTH 90 000'00"WEST),A DISTANCE OF
1821.42 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER;THENCE SOUTH 0°00'23"WEST,A
DISTANCE OF 40.00 FEET TO THE NORTH BOUNDARY OF CLEVELAND ROAD AND THE POINT OF BEGINNING;
THENCE SOUTH 0°02'41"WEST A DISTANCE OF 452.50 FEET;THENCE 89°48'05"WEST A DISTANCE OF 391.24
FEET;THENCE NORTH 0°02'41"EAST A DISTANCE OF 452.50 FEET TO THE SOUTH BOUNDARY OF CLEVELAND
ROAD;THENCE NORTH 89°48'05"EAST A DISTANCE OF 391.24 FEET ALONG SAID SOUTH BOUNDARY TO THE
POINT OF BEGINNING.
4) Total Site Area: 9.14 acres, more or less
5) Name and address of property owner(s)of the petition site:
DAFIR REALTY LLC
C/O P E DITTRICH
52525 HICKORY ROAD
GRANGER, INDIANA 46530
574-272-4701
Name and address of additional property owners,if applicable:
6) Name and address of contingent purchaser(s), if applicable:
Vikram Shah
Tri-Pac, Inc
17336 M-60 East
Vandalia, M149095
vikram.shah @ tri-pac.us
(269)476-2303
p
7) It is desired and requested that this property be rezoned: SAP a 21M t
From: LI Light Industrial District N/A
TO: GI General Industrial District
8) This rezoning is requested to allow the following use(s): INDUSTRIAL USE..
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) From the required landscaping of required perimeter yards to none;
2) From the required foundation landscaping to no foundation landscaping on the north elevation and existing
on the east;
3) From the required interior off-Street area landscaping to none;
4) From the required minimum loading space dimensions and'maneuvering aisle widths 4r
S) To allow loading between the front lot line and front fapade of the building
2) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community: SEEA7TACHED
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and: SEEA7TACHED
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: SEE ATTACHED
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s)being requested: Insert text
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: Insert text
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Insert text
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and: Insert text
I
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and, Insert text
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.Insert text
I
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
i
Site Plan included with this petition_
CONTACT PERSON:
Mram Shah
Tri-Pac, Inc
17336 M60 Ernst
Vandalia,MI 49095
+1(269)476-2303
vikrom.shah @tri pac.its
BY SIGNING THIS PETI'T'ION,THE PETITIONERS/PROPERTYOWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACC PERSON LISTED ABOVE iVIAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN CONMVIISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THERE,ON.
s)of all proper er ),or signature of Attorney fo all property owner(s):
SEP 01 217
REZONING
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Bill No. 55-17
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRfCTUR
q JG
Angela M. Smith
n.p,t,, nl.t•r,or
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEMRSON BLVD., ROOM 1140 Co UsTY•CITV BUILDING, SOU 7"H BEND, INDIANA 46601 (574) 13i•9371
October 18,2017 11
j b CI>;
South Bend Common Council
4th Floor,County-City Building OCT 18 2017
South Bend, IN 46601 j
RE: Bill #55-17
Rezoning: APC#2839-17 - 212 East South Street, South Bend
Dear Council Members:
I
The Area Plan Commission held a public hearing on October 17, 2017 for the above reference petition.
'Phis petition is set for public hearing before the Common Council on Monday,October 27,2017.
Ordinance &Petition Amendments:
The following changes have been made to the above referenced petition:
Ordinance:
l) The Ordinance was amended to request zoning to the OB Office Buffer District
2) Variances were updated to match the revised site plan
A Copy of the revised petition and ordinance are attached.
Public Hearhw Summary:
There was no one present to speak in favor or opposition to the proposed rezoning.
If you have any further questions, please feel free to contact me at(574)235-9571.
Since ely,
David M. Stanton,Jr.
Planner
CC: Bob Palmer
I
i
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.5 T 1 0 S E P H C O U N T Y I N D IA N A.C O N I A K E A Pt AN
i
LAWRENCE P. MAGLIOZZI
LNECUTIPE DIRECTOR
Angela M. Smith
uep�l.ulroolcr
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. fEPPF.RSON BLVD., ROOM 1141) COIIIV I Y.('I'I'Y B111LDING, ulu 111 BEND, INI)IA"''.A 4664)1 (S74)235-9571
Wednesday,October 18, 2017
I 11'ed Itf Olt,
The Honorable Council of the City of South Bend
4th Floor, County-City Building OCT 18 2017
South Bend,IN 46601 ---- -__._j
RE: A proposed ordinance of Robert G.Bottorff,II to zone from SF2 Single Family Two arr►iiy District to MU
Mixed Use District property located at 212 East South Street, City of South Bend-APC#2839-17. j
Dear Council Members:
I hereby Certify that the above referenced ordinance of Robert G.Bottorff,II was legally advertised on October 5,
2017 and that the Area Plan Commission at its public hearing on October 17,2017 took the following action:
Upon a motion by Oliver Davis, being seconded by John Leszczynski and unanimously carried,a
proposed ordinance of Robert G. Bottorff,II to zone from SF2 Single Family&Two Family District
to OB Office Bufffer District,property located at 212 East South Street,City of South Bend,is sent to
the Common Council with a FAVORABLE recommendation,AS AMENDED.
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,
P.
Lawrence P. Magliozzi
Attachment
CC: Robert G.Bottorff,II
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W WW,S)C I N 0 1 AN A.C 0 N 13 O f t
Staff Report 10;6!2017
4
APC# 2839-17 is' r I!i ( It rK`s ,
Owner: Robert G. Bottorff, II
Location: 212 East South Street OCT i 8 2017
Jurisdiction: City of South Bend "
Public Hearing Date: 10/17/2017
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Fatnil\
District to MU Mixed Use District and seeking 2 variances from the development
standards.
Land Uses and Zoning:
On site: On site is a single family home.
North: To the north across South Street are single-family homes zoned MF 1 Urban
Corridor Multifamily District
East: To the east is a vacant lot zoned MFl Urban Corridor Multifamily District
South: To the south is a church zoned SF2 Single Family and Two Family District
West: To the west is a church zoned SF2 Single Family and Two Family District
District Uses and Development Standards:
The MU Mixed Use District is established to promote the development of the a dense
urban village environment. The regulations are intended to encourage all the elements of a
traditional urban village, including: storefront retail; professional offices; and,dwelling
units located either in townhouse developments or in the upper stories of mixed-use
buildings. The development standards in this district are designed to:encourage a
pedestrian oriented design throughout the district; and,maintain an appropriate pedestrian
scale,massing and relationship between buildings and structures within the district.
Site Plan Description:
The site plan includes an existing 2-story residential building situated in the middle of the
block. The building area is approximately 2,675 square feet and sits on a 55'by 55'square
lot. The petitioner is proposing to convert the building for law offices.
Zoning and Land Use History And Trends:
Since the new zoning maps were adopted in 2004,this area has contained a mixture of
uses.
Traffic and Transportation Considerations:
South Street has two lanes.
Utilities:
The site is served by municipal water and sewer
Agency Comments:
The City Engineer recommends approval subject to review and approval of utility
verifications,sidewalks, lighting,and overall improvements to the site. Development of
the site requires City approval of a Drainage Plan and meets the requirement to store all
APC# 2839-17 Page 1 of 3
Staff Report 10/6/2017
runoff from developed areas on site,along with compliance with the City's Downspout
Disconnection Program.
The Department of Community Investment(DCI)offers a favorable recommendation. To
mitigate any potential negative impacts on surrounding properties,the petitioner may wish
to offer written commitments to limit the property to residential or office uses and to limit
the number of residential units to two.
DCI offers a favorable recommendation on the variance to the eliminate the minimum
parking requirement. Potential uses on the site are not significant traffic generators and
adequate on-street parking is available adjacent to the site. DCI also offers a favorable
recommendation on the variance to provide no perimeter yard landscaping, subject to the
petitioner providing one additional shade tree in the tree lawn along South Street.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan, (November,
2006), Objective LU2: Encourage a compatible mix of land uses in the community.
Land Use Plan:
The future land use map identifies this area as high density residential.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The area is predominately single-family and two-family residential in character,with more
intense districts located along Michigan Street and Sample Street.
3. Most Desirable Use:
The most desirable use is one that is compatible with the single-family neighborhood.
4. Conservation of Property Values:
If the site developed for retail uses, surrounding property values could be adversely
affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow for the reuse of a residential structure
provided the use does not have a negative impact on the adjacent residential area.
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning and 2 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1)from the required landscaping of required perimeter yards to none;
2)from the minimum 10 required off-street parking spaces to none
APC 4 2839-17 Page 2 of-3)
Staff Report 10/6/2017
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
(1)The approval will not be injurious to the public health,safety,morals and general
welfare of the community;
The proposed variances would have no impact on the public health, safety, and general
welfare of the community.
(2)The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
Because of the availability of on street parking and existing vegetation on the site,the
adjacent properties should not be adversely affected by the requested variances.
(3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the ordinance would result in practical difficulties in the use of the
property. The site is located mid-block with a zero-lot line to one side and an alley, which
leaves insufficient space to accommodate the parking requirements or the landscaping
required at this site. Large portions of the structure would need to be demolished in order
to meet strict application of the ordinance.
Staff Comments:
The uses requested in this petition are more consistent with the OB Office Buffer District.
The staff would recommend that the petitioner consider amending their request to the OB
Office Buffer District. The OB Office Buffer District would limit the allowable uses to a
range of uses that are suitable to the size and location of the property, and the neighboring
area in which it is located.
Recommendation:
Based on information available prior to the public hearing,the staff recommends the
rezoning petition be sent to the Common Council with an unfavorable recommendation.
The staff recommends approval of the variances, subject to adding one additional shade
tree on South Street.
Analysis:
Rezoning the property to MU Mixed Use District would allow several retail uses that may
not be compatible with the residential character of the neighborhood. The OB Office
Buffer District would allow the use requested, with additional oversight by Council on any
retail uses listed under the Special Exception Uses section of the district.
APC# 2839-17 Page 3 of 3
i
Bill I\10 '51,5- 1 ',,
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 212 EAST SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
For use as a law office or legal services business
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:
A LOT OR PARCEL OF LAND 55 FEET IN LENGTH, EAST AND WEST, TAKEN OFF
OF AND FROM THE ENTIRE WIDTH OF THE EAST END OF LOT NUMBERED
THIRTY-TWO (32) AS SHOWN ON THE RECORDED PLAT OF TAYLOR'S FIELD
ADDITION TO THE CITY OF SOUTH BEND, RECORDED APRIL 11, 1893 IN PLAT
BOOK 6, PAGE 49 IN THE OFFICE OF THE RECORDED OF ST, JOSEPH COUNTY,
INDIANA.
be and the same is hereby established as OB OFFICE BUFFER DISTRICT.
SECTION If.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Member of the Common Council
Attest:
City Clerk
I
i
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of— , 2 , at o'clock M.
City Clerk
t
Approved and signed by me on the day of
2
o'clock M.
at
Mayor, City of South Bend, Indiana
OCT i 8 2017
PETITION FOR ZONE MAP AMENDMENT
City ofSouth Bend lirdiana
I(we) the undersigned make application to the City of South Bend Cousmon Council to amend the zoning
ordinance as herein requested,
t) The property sought to be rezoned is located at:
212 Gas!South Street
Soulh.11end.,Sr..(ose:1►h County. Indl(4ncr 46601
2) The property Tax Key Number(s)is/are: 71-08-12-331-001.(100-026
3) Legal Descriptions: ,tire L'Xl!lBII";l"attached herro. +
4) Total Site Area: hcss than.2?acre .1-8 201 t7
- - I
5) Name and address of property owner(s)of the petition site:
Robert C. Rollor./7'11
5505 Ball Creek Road i -
Charleslown, Clark County, Indiana 47111
(812)406-5489
bn blii;beacreall bob.or g
Name and address of additional property owners, if applicable:N/A
t
G) Name and address of contingent purchaser(s),if applicable: '
N'M SEp 2 0 2017
Name and address of additional property owners,if applicable:NIA
7) It is desired and requested that this property be rezoned:
From: SF2 Single C'amily Two Family District Additional zoningdistrict,if applicable
To: A40'Mixed Use District
8) This rezoning is requested to allow the following use(s): 'I'fre prnpertyis intended for use as a lain r. cc orlegul
.serviC•es i�rrsine,rs.
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to nextsection): S Lx-- IN\!2,'L LN
1) iruriances heing requester)include the fallowing:
A. Variance to the Landscape Regulations relater!to A-fixed Use Distrieyy(Yee Section 21-07.01 tb)(1))
Petitioner is requesting a variance to the above listed regulation. that reeprires a minimum of one(7)devidurms
shade tree planted every forty(a0)•feet of lot line or one(1)ornamental tree planted hcenly Jive feet riflot lire.
Tyre petitioner is seeking variance g1"this requirement to read no decidurrrrs or or•narnewal trees mill he required
to be planted ulon;,the.lot lines of the subject prolx-rlr for the reusonsstated herein(to be sup1demented by
evidence of unv hearing held upon this petition).
B. Parlance to the Qlf-Streel Pcn•king Requirenrunis(,zee generully Secton 21-Z04)
Petitioner is seeking vuria»nee to the above listed regttlatiorts as it relates to required o,(f-str eel parking. The Int
ilse-Vis so small that no ajj=su•eetparkind is practicable In(.rn)•way.As s•rteh,all striff members and clientele n•ill
be required to 1.7prk oli the street,-%Ch parking does not, hoivever.base any signijlcarnt change in the eurrent
b afj is patter».c, or is likely to oJlterwire carrsa congestion. There:are numerous open space-•along the north
facing line o1 the subiec•t proper(p down to the next block;the lots directly arlfacent to the subject property are
not developed lots, brit contain a church side-vurd(that, if parking is ever needed, it is only needed on the
u•eekerefs or nights, thus lot interfereing with the business hours at ihr.>shtbject property, which will largely be
A-fondgv through Friday during normal business hours).and to the east is a community pork.
2) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community: Landscape Regulations. The>property is located directly acyacenl to an alley on the east
side. with improventerlts right up to the lot line;on the.rear lot line(south lot line.)the properly is bitill
within tie•o(2)feel of a church building.on they ivest lot line,the lot is divided by a fens a and vegeiative
grciwdl that is oil die adjoiner's properly(grapevines), that grow up and over the fence of the sul.ject
property and provides vegetative cover along the entire lot lirhz,•f n ther»wre, the lot adjacent to the
subject property to the west is errs open yard space:the favor►(jiving lot line(north property lime),is
h.ordere>el by a concrete walking palh. The absence of the cra•rernly required trees under the code is not
injurious to the public health,.sgfeti;morals and general tselfare afthe coininamity.as the current rise
will not substrmlially change,and adding further vegeluiive cover in/his neighborhood has historically
allon•ed drug-users and other undesirable behaviors to take place under cover.
Parking Regulations.Because of the.nature of the legal practice, and the number of expected employees,
parking fbr more lhtar ten(IQ)cars at any oue time would bee highly untrsrtal cir•cunnstance art this
location. In fact,it is more likely shut the mast at any one time would be closer to eight(N)including all
support sta j)-and ator•nc>)ts. As such, this additional parking tiri11 not be nijtrrious to the prcblic heerltl►,
si fety, morons and general welfihre o/ ie corumunity, especiclj>in light q/the number(f opea on-street
parking locations immediately adjacent ta)the select proper!!:
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and: landscape. For all the sane masons listedd above, the value acrd use
of the adjacent pr•oper•ties in 1he area Ivill iraii suffer•by granting this ift-Wance.
Parking: For all the saute reason listed above,the value and use of the u4jacenlln•opet7ies in the area
will not 810i>r In).the granting of this var•icrnee request. espeeidly ill light of the operational hours of-tt7e
pr'uposed legal business,and the times thol parking is•needed Moan the street 6vhich is typically after
business hours or on the sveckends).
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property:
l crnrlsccrpins,>.,Strict application is praclieally(ii�licuh, (lire to the mrall size of the csi tarn;>lats}urd-snuee.
Parking.Strict application is practivginfra!ifl'icifl Vrirr lot, unda courplc•te lack
ufurea to develop q1j-.street par•klig.
SEP 2 g 2017 }
O "vi
IF A SPECIAL EXCEPTION USE IS BEINGREQUESTED,(if riot;fl'-ai TT oo nex..§ cn} .•f r 3
1) A detailed description and purpose of the Special Exception Use(s)being req>iested: IM.4
2) A statement on how each of the following standards for the grantingof a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: MM
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: NM
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and: N/A
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.N!A
* in the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Robert G. Bottorff 11
-05 Fast Court Avenue
Jq&rsomdlle, IN
(812)914-7100
bob(_@ hellerc•allbob.org
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 COMDIISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Si ture(s)4all per i w�(s), r,s jguatur of Attorney for all property owner(s):
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SEP 2 °2C17
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Addendum
PETITIONER IS SEEKING VARIANCES AS FOLLOWS:
• From the required landscaping of required perimeter yards to none.
• From the minimum ten (14) required parking spaces to none (see attached p. 2 of
Addendum,showing parking ratios on Site Plan).
I
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OCT 18 2017
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Bill No. 69-17
Uanch, "ar-ne�r° Inc.
Land Surveyors M Professional Engineers
Landscape Architects Land Planners
Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009
1643 Commerce Drive M South Bend, IN 46628
Honorable Members of the City of October 2,2017
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Street Vacation — Eddy Street from Corby Street south 180 feet +/, Corby
Street from Eddy Street west 90 feet+/-, Corby Street from Eddy Street east 230
feet +/-, the First East/West Alley between Howard Street on the west and the
First North/South Alley east of South Bend Avenue, South Bend, Indiana
Dear Council Members:
On behalf of our clients, we are requesting the approval of the Vacation for all the Public
Streets and Alleys known as Street Vacation—Eddy Street from Corby Street south 180 feet
Corby Street from Eddy Street west 90 feet+/-, Corby Street from Eddy Street east 230 feet+/-,
the First East/West Alley between Howard Street on the west and the First North/South Alley
east of South Bend Avenue, South Bend, Indiana.
The reason for this request is to allow for the future development of property adjacent to the
the proposed vacated streets and alleys.
If you have any questions concerning this matter, please feel free to give me a call at 234-
4003.
Sincerely,
Michael J. Danc
President
Danch, Hamer& Associates
File No. 170160
Cc: Board of Public Works City of South Bend
Bill No. 69-17
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES:
Street Vacation—Eddy Street from Corby Street south 180 feet+/,
Corby Street from Eddy Street west 90 feet+/-, Corby Street from
Eddy Street east 230 feet +/-, the First East/West Alley between
Howard Street on the west and the First North/South Alley east of
South Bend Avenue, South Bend, Indiana
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the
authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following properties:
1). Street Vacation—Eddy Street from Corby Street running south 180 feet more or less.
2). Street Vacation—Corby Street from Eddy Street running west 90 feet more or less.
3). Street Vacation—Corby Street from Eddy Street running east 230 feet more or less.
4). Alley Vacation—The First East/West Alley between Howard Street on the west and
running east 140 feet more or less to the First North/South Alley east of South Bend
Avenue.
hereby determines that it is desirable to vacate said properties.
SECTION II. The City of South Bend hereby reserves the rights and easements of all
utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities,
including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water
control structures and ditches, within the vacated right-of-way, unless such rights are released by
the individual utilities.
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
To the Common Council Date: 9-12-17
of the City of South Bend,Indiana
We,the undersigned property owner(s), petition you to vacate:
1). Street Vacation—Eddy Street from Corby Street running south 180 feet more or less.
2). Street Vacation—Corby Street from Eddy Street running west 90 feet more or less.
3). Street Vacation—Corby Street from Eddy Street running east 230 feet more or less.
4). Alley Vacation—The First East/West Alley between Howard Street on the west and
running east 140 feet more or less to the First North/South Alley east of South Bend
Avenue.
Tax Key Numbers owned by the Petitioners:
18-5030-1085.05 18-5030-1085 18-5087-3082.01 18-5030-1085.01 18-5094-3311
18-5094-3318 18-5094-3319 18-5094-3326 18-5094-3327 18-5094-3328
18-5094-3325 18-5094-3324 18-5094-3323 18-5094-3322 18-5087-3085
18-5087-3086 18-5087-3087 18-5087-3088 18-5087-3088 18-5087-3089
18-5087-3090 18-5087-3090 18-5087-3091 18-5087-3092 18-50873093
NAME(signed&printed)&ADDRESS
11__1A1- A
or- Five Corners L C
814 Marietta Street
South Bend, Indiana 46601
i
i
Office of the City Clerk CONTACT PERSON NAME:
Kareemah Fowler, City Clerk Michael J. Danch
Room 455-County-City Building Danch, Harper& Associates, Inc.
South Bend, IN 46601 1643 Commerce Drive
574-235-9221 South Bend, Indiana 46628
e-mail: mdanch @danchhamer.com
2
SECTION 111. The following property Tax Key Numbers may be injuriously or
beneficially affected by such vacating:
18-5030-1085.05 18-5030-1085 18-5030-1085.02 18-5030-1085.03 18-5030-1086
18-5030-1086.01 18-5030-108606 18-5030-108602 18-5030-108603 18-5030-108607
18-5030-1085.01 18-5030-108604 18-5030-108605 18-5106-3747 18-5106-3745
18-5106-3738 18-5098-3483 18-5094-3311 18-5087-3096 18-5087-3095
18-5087-3094 18-5087-3093 18-5087-3092 18-5087-3091 18-5087-3090
18-5087-3089 18-5087-3088 18-5087-3087 18-5087-3086 18-5087-3085
18-5094-3326 18-5094-3319 18-5094-3327 18-5092-3257 18-5092-3258
18-5092-3261 18-5092-3262 18-5092-3263 18-5092-3260 18-5092-3259
18-5094-3329 18-5094-3328 18-5094-3325 18-5094-3324 18-5094-3323
18-5094-3322 18-5087-3082.01 18-5087-3097
SECTION IV. The purpose of the vacation of the real properties is to vacate that portion
of all the Public Alleys and Streets in the described area to allow for the development of some of
the adjacent property.
SECTION V. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
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 ,2017, at o'clock M.
City Clerk
Approved and signed by me on the day of , 2017,at
o'clock . M.
Mayor, City of South Bend, Indiana
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227 W Jefferson Blvd. #1316
South Bend, IN 46601 Danch, Harner & Associates, Inc.
"
Phone: (574) 235-9251 The alley to be vacated is the EW area S of Corby,
D 150' Buffer 78' to N bounds of lots 1-6 and 321, running E 244'
*Address List attached from E RoW of N. Eddy St. on S edge, and running
Date Prepared: 9/8/2017 E 185' from E RoW of N. Eddy on N edge.
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City of South Bend
Dept. of Public Works Alley Vacation 150' Radius Map 2 of 3
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south Bend, I The alley to be vacated is 12' in width, and is the
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'`Address List attached of NS alley.
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City of South Bend
Dept. of Public Works Alley Vacation 150' Radius Map 3 of 3
r 227 W Jefferson Blvd. #1316 Danch, Harner & Associates, Inc.
South Bend, IN 46601
Phone: (574) 235-9251 The area to be vacated is a parcel running N from NE
150' Buffer corner of Lot 5 180', circling E bounds of cul de sac to
*Address List attached SW corner of Lot 1 running 71 ' E to SE corner of Lot 1,
Date Prepared: 9/8/2017 then S approx. 202' excluding irregular parcel .073 ac. I
I
Substitute Bill No. 78-17
w : � City of South Bend
Common Council
t865_ - 441 County-City Building • 227 W.Jefferson Blvd (574)235-9321
South Bend,Indiana 46601-1830 Fax (574)235-9173
TDD:(574)235-5567
Tim Scot[ http://www.southbendin.gov
President October 17, 2017
Oliver Davis
Vice-President South Bend Common Council
411' Floor, County-Cite Building
Gavin Ferlic South Bend, IN 46601
Chairperson,Committee
of the Whole Re: Proposed Substitute TaxAbateneni Enf07•cement Ordinance,
Tim Scott Dill 78-17
First District
Dear Council Members:
Regina Williams Preston
Second District I am filing today the attached proposed substitute amendment to the
enforcement provisions of the tax abatement ordinance, Chapter 2,
Randy Kelly Article 6, section 2-84.14(g). This proposed amendment addresses
Third District factors beyond the control of the applicant that causes the applicant's
Jo M. Broden inability to substantially comply Nvith all of its commitments and the
Fourth District Department of Community Investment's duty to document and disclose
those factors. This bill had first reading on October 9, 2017 and is
David Varner scheduled for second and third readings and public hearing on October
Fifth District 23, 2017.
Oliver Davis Thank you for your consideration.
Sixth District
Gavin Ferlic Sincerely Yours,
At Large
John Voorde Filed in Clerk's Office
At Large
Karen White Regina Williams-Preston OCT i % 2017
At Large
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IfV
Substitute Bill No. 78-17
SUBSTITUTE ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING A SECTION OF CHAPTER 2,ARTICLE 6 OF THE
SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS
STATEMENT OF PURPOSE AND INTENT
It is the intention of the City of South Bend to enforce its tax abatement ordinance and
provide assurance to the public that taxpayer subsidies are used to provide real benefits to the
community and that companies receiving taxpayer subsidies via tax abatements are complying
with the terms of the abatement throughout the life of the abatement.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,as follows:
Section I. Chapter 2,Article 6, Section 2-84.14 is hereby amended by replacing paragraph (g),
and adding paragraphs 0),(k), and (1)to read as follows:
Sec.2-84.14. -Failure of petitioner to comply may result in fines being imposed or
termination of economic revitalization designation and repayment of taxes previously
abated.
(g) If the Department of Community Investment recommends to the Council that there are factors beyond
the control of the applicant that led to the applicant's inability to substantially comply with all of its
commitments,the Department shall document these factors in detail to the Council. The Council's
Community Investment Committee shall meet promptly to consider the applicant's compliance. All
documentation related to the applicant's compliance shall be included in the Council's packet of materials
distributed before the above-referenced meeting of the Community Investment Committee. Such packet
shall be posted and maintained online on the City of South Bend's website.
(j) Petitioner must inform each of its employees of the benefits provided to them due to the terms
and conditions of its abatement by posting these terms and conditions in conspicuous locations
throughout petitioner's premises including in places where EEOC posters are displayed. The
posted benefits should include instructions as to how and where an aggrieved employee may file
a complaint. Also, all new employees shall be given written notice of the employee benefits due
to this abatement at the time of employment.
(k) The chief executive officer,president, managing partner, general partner, managing member,
owner, or their approved designee, of the petitioner shall represent and warrant to the
Department of Community Investment("DCI")under penalty of perjury within 120 days of the
end of each calendar year in which the petitioner receives the tax benefit of an abatement,that
the petitioner is in compliance with the terms and conditions of the abatement.
(1) DCI shall randomly audit no less than five tax abatement recipients each calendar year and
certify the recipients' compliance with the terms and conditions of the their abatements.
SECTION II. This Ordinance shall take effect upon passage by this Common Council, approval
by the Mayor, and any publication required by law.
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.
Deputy City Clerk
Approved and signed by me on the day of - 2 at
o'clock m.
Mayor, City of South Bend, Indiana
I
i
Red Clerk's Office
1 st READING +
PUBLIC HEARING OCT l N17
3 rd READING
NOT APPROVF" _I
r :f�„
i
SOU I rs
�I
Bill No. 75-17
120ON COUNTY—CITY BUILDING Otc�uTH 8� � PHONE 574/235-9822
227 W.JEFFERSON BLVD. U°- r� FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
W a
� rr.aCe
x x
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
October 2, 2017
Filed in Clerk's Office
Mr. Tim Scott, President
City of South Bend Common Council OCT 04 2017
227 W. Jefferson Boulevard, 411 Floor
South Bend, Indiana 46601
KAi',EEMAN FOWLER
RE: October 2017 Transfer Ordinance CITY CLERK,SOUTH BEND,IN
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request department
heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with
the adopted city budget and propose necessary adjustments periodically throughout the year. For 2017,
we plan to propose adjustments during four time periods—March, June, October and December.
I will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1St reading on October 9, 2017 with 2nd reading, public hearing and
31d reading scheduled for October 23, 2017.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
< C- 0
Jennifer C. Hockenhull
City Controller
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
Bill No. 75-17
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2017
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
(Ordinances#10457-16 and 10458-16 passed on October 24,2016)which necessitate the
increase and reduction of appropriations within the various departments of the General
Fund and other funds of the City of South Bend during 2017.
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of
Soutli Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
Section 11. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
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 , 2017, at o'clock . m.
Deputy City Clerk
Approved and signed by me oil the day of , 2017, at
o'clock . m.
Mayor, City of South Ber ,-Ii
Filed in Clerk's Office
1 st READING OCT 04 2017
PUBLIC HEARING
3 rd READING KAREEMAH FOWLER
NOT APPROVED CITY CLERK,SOUTH
REFERRED
PASSED
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4�ovTx 8�� Bill No. 76-17
120ON COUNTY-CITY BUILDING O / p PHONE 574/235-9822
227 W.JEFFERSON BLVD. U�` f FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
% Y
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
October 2, 2017 --
Filed in Clerk's Office
Mr. Tim Scott, President
City of South Bend Common Council OCT �4 207
227 W. Jefferson Boulevard, 41h Floor I
South Bend, Indiana 46601
KAREEMAH FOWLER
RE.- October 2017 Appropriation Ordinance–Civil City Funds CITY CLERK.SOUTH BEND IN
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request department
heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with
the adopted city budget and propose necessary adjustments periodically throughout the year. For 2017,
we plan to propose adjustments during four time periods—March, June, October and December.
Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your
consideration.
I will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1 st reading on October 9, 2017 with 2"d reading, public hearing and 31d
reading scheduled for October 23, 2017.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
Jennifer C. Hockenhull
City Controller
EXCELLENCE + ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
I
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2017 OF $40,000
FROM GENERAL FUND (#101), $117,571 FROM PARKS FUND (#201), $25,000
FROM COMMUNITY INVESTMENT OPERATING FUND (#211), $80,000 FROM
STATE-SEIZED DRUG MONEY FUND (#216), $2,733 FROM UNSAFE BUILDING
FUND (#219),$97,000 FROM LOCAL ROADS & STREETS FUND (#251), $25,000
FROM POLICE GRANTS FUND(#292), $90,000 FROM FEDERAL DRUG
ENFORCEMENT FUND(#299), $362 FROM ZOO ENDOWMENT FUND(#403),
$40,000 FROM PARKS CAPITAL FUND (#405), $11,755 FROM PROJECT RELEAF
FUND(4655),AND $396,500 FROM SMART STREETS DEBT SERVICE FUND
(#756).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2017 operating and capital budgets in
2016 (Ordinance#10457-16 passed on October 24, 2016) which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2017 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
General Fund(#10 1) $ 40,000
Parks&Recreation (#201) 117,571
DCI Operating Fund(#211) 25,000
State Seized Drug Money(#216) 80,000
Unsafe Building Fund(#219) 2,733
Local Roads& Streets(#251) 97,000
Police Grants(#292) 25,000
Federal Drug Enforcement(#299) 90,000
Zoo Endowment(#403) 362
Parks Capital(#405) 40,000
Project ReLeaf(4655) 11,755
Smart Streets Debt Service(#756) 396,500
TOTAL $ 925,921
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
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 , 2017 at o'clock_. m.
Deputy City Clerk
Approved and signed by me on the day of ,2017 at
o'clock m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
1 st READING OCT 04 2017
PUBLIC HEARING
3 rd READING KAREEMAH FOWLER
NOT APPROVED CITY CLERK„SOILITH BEND,IN
REFERRED
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Substitute Bill No. 77-17
120ON COUNTY-CITY BUILDING ��C450UTH B�
4� PHONE 574/235-9822
227 W.JEFFERSON BLVD. �� FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830 d
w
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
Filed in Clel K's Office
I OCT 12 2017
October 12, 2017
Mr. Tim Scott, President KAREEMAH FOWLER
City of South Bend Common Council CITY CLERK,SOUTH BEND,IN
227 W. Jefferson Boulevard, 41h Floor
South Bend, Indiana 46601
RE: October 2017 Appropriation Ordinance- Enterprise Funds-SUBSTITUTE BILL 77-17
Dear Council President Scott,
On October 4, 2017, based on our budget review, we submitted an ordinance adjusting the 2017 budget
for City Enterprise Funds, among other similar ordinances. Due to a clerical error in the fund number
used for the EMS Operating Fund, I attach for Council consideration a substitute Bill appropriating monies
for the City's Enterprise Funds. This substitute bill corrects the previously described error. No other
changes are required.
I will present this bill to the Common Council at the appropriate committee and council meetings. The 2^d
reading, public hearing and 3rd reading are scheduled for October 23, 2017.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
Jennifer C. Hockenhull
City Controller
ds-k
EXCELLENCE ACCOUNTABILITY <- INNOVATION INCLUSION EMPOWERMENT
Substitute Bill No. 77-17
SUBSTITUTE BILL
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2017 OF $20,000 FROM
EMS OPERATING FUND(#288), $7,823 FROM CONSOLIDATED BUILDING
FUND—CODE ENFORCEMENT(#600), $100,000 FROM SEWER INSURANCE
FUND (#640), $288,850 FROM SEWAGE WORKS OPERATIONS &
MAINTENANCE FUND (#641), $10,800 FROM SEWAGE DEPRECIATION FUND
(#642)AND $200 FROM 2011 SEWER BOND FUND (#659).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2017 operating and capital budgets in
2016 (Ordinance#10458-16 passed on October 24, 2016),which included expenditures
for various City enterprise operations. It is now necessary to appropriate additional funds
for operational expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2017 and
set apart within the following designated funds for operational expenses as follows:
Fund Amount
EMS Operating Fund(#288) $ 20,000
Consolidated Building Fund(#600) 7,823
Sewer Insurance Fund(#640) 100,000
Sewage Works O&M(#641) 288,850
Sewage Depreciation Fund(#642) 10,800
2011 Sewer Bond Fund(#659) 200
S 427,673
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
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 , 2017, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of , 2017, at
o'clock m.
Mayor, City of South Bend, Indiana
Filed in : (Vice
r -
.., 00 T 122017
;cLIC HL.ARING
3 rd READING KAREt
NOT APPROVED WLER
CITYCLER,< ..-, L;TH BEND,IN
REFERRED
PASSED
Bill No. 51-17
ypUTN 8p
120ON COUNTY-CITY BUILDING 04 �G PHONE 574/235-9822
227 W.JEFFERSON BLVD. 1 2 FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
y PEACE
i \
� r
M i
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 20, 2017 Filed in Clerk's Office
Mr. Tim Scott AUG 21 2011
President, South Bend Common Council
4th Floor, County-City Building KAREEMAH FOWLER
227 W. Jefferson Blvd. CITY CLERK,SOUTH BEND,IN
South Bend, IN 46601
Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of
Departments and Funds of the Civil City of South Bend for the fiscal year ending
December 31, 2018
Dear Council President Scott:
Attached herewith please find a bill for consideration by the Common Council of the City of South
Bend appropriating monies for civil city expenditures for the fiscal year commencing
January 1, 2018 and ending December 31, 2018.
This bill is respectfully submitted for 1 St reading filing with the Common Council for the council
meeting on August 28, 2017, 2"d reading and public hearing at the council meeting on
September 25, 2017, with V reading and council vote at the council meeting on October 9.
2017.
1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance
Committee and other meetings of the South Bend Common Council.
Respectfully submitted,
Jennifer C. Hockenhull
City Controller
Excellence I Accountability I Innovation I Inclusion I Empowerment
I
Bill No. 51-17
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL
DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND,INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY 1,2018 AND ENDING DECEMBER 31,2018 INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several
Departments of the Civil City of South Bend,Indiana for 2018.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,AS FOLLOWS:
SECTION 1. For the expenses of the Civil City Government,its various Departments,Funds,
Commissions,and institutions for the fiscal year ending December 31,2018,the following sums of money,
as set forth in the attached budget which is made a part hereof,are hereby appropriated and ordered set
apart out of the Funds hereinafter named,and for the purposes hereinafter specified,subject to the laws
governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized
to be made in said year,unless otherwise expressly stipulated or provided by the laws.
SECTION II. For the fiscal year ending December 31,2018,there is hereby appropriated out of
the General Fund Number 101 and from Funds other than the General Fund,of said City to wit:
(201) Park and Recreation Fund
(202) Motor Vehicle Highway Fund
(203) Park Recreation Non-Reverting Fund
(209) Studebaker Oliver Reverting Grants
(210) Economic Development Grant Fund
(211) Community Investment Administration Fund
(212) Community Investment Grant Fund
(216) Police State Seizures Fund
(217) Gift,Donation,Bequest Fund
(218) Police Curfew Violations Fund
(219) Unsafe Building Fund
(220) Law Enforcement Continuing Education Fund
(221) Landlord Registration Fund
(222) Central Services Fund
(224) Central Services Capital Fund
(226) Liability Insurance&Premium Reserve Fund
(227) Loss Recovery Fund
(249) Public Safety Local Option Income Tax Fund
(251) Local Roads and Streets Fund
(257) LOIT 2016 Special Distribution
(258) Human Rights—Federal Fund
(273) Morris PAC/Palais Royale Marketing Fund
(274) Morris PAC Self Promotion Fund
(278) Police Take Home Vehicle Fund
(279) IT/Innovation/311 Call Center Fund
(289) Hazmat Fund
(291) Indiana River Rescue Fund
(294) Regional Police Academy Fund
(295) COPS More Grant Fund
(299) Police Federal Drug Enforcement Fund
(313) Hall of Fame Debt Service Fund
(377) Professional Sports Development Fund
(401) Coveleski Stadium Capital Fund
(404) County Option Income Tax Fund
(405) Park Department Non-Reverting Capital Fund
(406) Cumulative Capital Development Fund
(407) Cumulative Capital Improvement Fund
(408) County Economic Development Income Tax Fund
(410) Urban Development Action Grant Fund
(412) Major Moves Construction Fund
(416) Morris Performing Arts Center Capital Fund
(450) Palais Royale Historic Preservation Fund
(655) Project ReLeaf Fund
(677) Hall of Fame Capital Fund
(701) Fire Pension Fund
(702) Police Pension Fund
(705) Police K-9 Unit Fund
(711) Self-Funded Employee Benefit Fund
(713) Unemployment Compensation Fund
(714) Parental Leave Fund
(730) City Cemetery Trust Fund
(750) Equipment/Vehicle Leasing Fund
(75 I) Parks Bond Capital Fund
(753) Smart Streets Bond Capital Fund
(755) South Bend Building Corporation Fund
(757) Parks Bond Debt Service Fund
(759) Eddy Street Commons Phase II Capital Fund
(760) Eddy Street Commons Phase II Debt Service Fund
SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
Member,South Bend 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.
City Clerk
Approved and signed by me on the day of 2 ,at
o'clock, .m.
Mayor,City of SoutI sl READING
h Bend, diana Office
PUBLIC HEARING
3 rd READING AUG 21 2017
NOT APPROVED
KAREEMAH FOWLER,
Q ' "� CITY CLERK,SOUTH BEND,IN
RF
1200N COUNTY-CITY BUILDING y0U T11 O� 4 Bill No. 52-17
G PHONE 574/235-9822
227 W.JEFFERSON BLVD. 't FAX 574/235-9928
SOUTH BEND,INDIANA 46601-1830 U
� s
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
August 20, 2017
Filed;in Clerk's Office 21 2017
Mr. Tim Scott
President, South Bend Common Council KAREEMAH FOWLER
4th Floor, County-City Building CITY CLERK,SOUTH BEND,IN
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated
Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2018
Dear Council President Scott:
Attached herewith please find a bill for consideration by the Common Council of the City of South
Bend appropriating monies for enterprise fund expenditures for the fiscal year commencing
January 1, 2018 and ending December 31, 2018.
This bill is respectfully submitted for 111 reading filing with the Common Council for the council
meeting on August 28, 2017, 2nd reading and public hearing at the council meeting on
September 25, 2017, with 3rd reading and council vote at the council meeting on October 9,
2017.
1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance
Committee and other meetings of the South Bend Common Council.
Respectfully submitted,
,(
Jennifer C. Hockenhull
City Controller
Excellence I Accountability I Innovation I Inclusion I Empowerment
I
Bill No. 52-17
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND,INDIANA,FOR THE FISCAL
YEAR BEGINNING JANUARY 1,2018 AND ENDING DECEMBER 31,2018 INCLUDING ALL
OUTSTANDING CLAIMS,AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL
TAKE EFFECT.
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated
Enterprise Funds of the City of South Bend,Indiana for 2018.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,AS FOLLOWS:
SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend,Indiana its
various Departments,Funds,Commissions and institutions for the fiscal year ending December 31,2018,the
following sums of money,as set forth in the attached budget which is made a part hereof,are hereby appropriated
and ordered set apart within the Funds hereinafter named in Section II,and for the purposes hereinafter specified in
Section II,subject to the laws governing the same. The sums herein appropriated shall be deemed to include all
expenditures authorized to be made in said year,unless otherwise expressly stipulated or provided by law.
SECTION II. For the fiscal year ending December 31,2018 the above appropriations are made within the
following Funds of the City:
(287) EMS Capital Fund
(288) EMS Operating Fund
(600) Consolidated Building Fund
(601) Parking Garages Fund
(610) Solid Waste Operating Fund
(611) Solid Waste Depreciation Fund
(620) Water Works General Operations Fund
(622) Water Works Capital Fund
(624) Water Works Customer Deposit Fund
(625) Water Works Sinking Fund
(626) Water Works Bond Reserve
(629) Water Works 0&M Reserve Fund
(640) Sewage Repair Insurance Fund
(641) Sewage Works General Operations Fund
(642) Sewage Works Capital Fund
(643) Sewage Works O&M Reserve Fund
(649) Sewage Works Bond Sinking Fund
(661) 2012 Sewer Bond Fund
(670) Century Center Operating Fund
(672) Century Center Energy Savings Debt Service Fund
SECTION III.This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend,Indian on the day of
at o'clock .m.
City Clerk
Approved and signed by me on the
day of ,at o'clock_.m.
Mayor,City of South Bend. Indiana
I
Filed in Clerk's Office
I st READING AUG 212017
PUBLIC HEARING
3 rd READING KAREEMAH FOWLER
NOT APPROVED CITY CLERK,SOUTH BEND, IN
REFERRED
PASSED
�S�,uT11eF Substitute Bill No. 62-17
120ON COUNTY-CITY BUILDING o '1i PHONE 574/235-7678
227 W.JEFFERSON BLVD.
FAX 574/235-9928
SOUTH BEND,INDIANA 46601-1830
A: PEACE: i
„ 1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
October 2, 2017 Filed in Ciei k's Office
OCT 052017
Mr. Tim Scott L__
President, South Bend Common Council KAREEMAF1 FOWLER
41h Floor, County-City Building CITY CLERK,SOUTH BEND,IN
South Bend, IN 46601
Re: 2018 Non-Bargaining Employee and Officer Salary Ordinance—SUBSTITUTE BILL 62-17
Dear President Scott:
Enclosed please find the substitute proposed 2018 Non-Bargaining Employee and Officer Salary
Ordinance. There was immaterial language clean up in the text of the actual ordinance to reflect
current wording as it relates to the City's Employee Handbook. There are no changes to the Salary
Ordinance schedule.
I will present this bill to the Common Council at the appropriate committee and council meetings.
It is requested that this bill be filed for 1 st reading on September 25,2017,with 2nd reading,public
hearing and 3rd reading scheduled for October 9,2017. If you have any further questions or need
additional information,please let me know.
Thank you for your consideration.
Sincerely,
Jennifer C. Hockenhull
City Controller
Substitute Bill No. 62-17
ORDINANCE NO.
AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA,
FOR THE CALENDAR YEAR 2018
STATEMENT OF PURPOSE AND INTENT
This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City
of South Bend for the calendar year 2018. Salaries will be paid pursuant to the budget approved by the
Common Council. The budgeted number to be paid maybe less than the maximum amounts set forth herein.
This Ordinance establishes such compensation for all non-bargaining employees by specific position and title.
The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all
City employees. This Ordinance is in the best interest of the City and the affected non-bargaining employees.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, as follows:
Section I. Maximum Compensation
The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend,
Indiana are hereby established as set forth in the attachment,which is incorporated herein by reference.The
amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated
March, 1993. Accordingly, salaries are set and paid on a Bi-Weekly basis.Amounts by alphabetical position
are set forth, as well as the annual salary for each position.
Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by
Reference
(a) Holidays. Holidays designated by the Board of Public Works shall govern non-bargaining
employees for the calendar year 2018. The provisions of the City's Employee Handbook as it
may be amended from time to time shall apply and are incorporated herein by reference.
(b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's
Employee Handbook as it may be amended from time to time, incorporated herein by
reference.
(c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by
reference in its entirety.
(d) Parental Leave. Parental leave will be offered to all eligible full-time employees in
accordance with the policy adopted by the administration to be effective January 1, 2018.
This policy may be amended from time to time, and will be incorporated into the City's
Employee Handbook.
(e) Insurance.
I
(1) Comprehensive Major Medical Insurance Program. The City shall maintain a
comprehensive major medical insurance program in which, subject to Section III
herein, non-bargaining employees regularly scheduled to work 30 hours or more per
week may participate under the rules and guidelines of the plan document. All
employees are provided access to a copy of a plan document each year.
(2) Short and Long Term Disability. Short and Long Term Disability shall be as set
forth in the City's Employee Handbook, as it may be amended from time to time,
which is incorporated herein by reference.
(3) Payment for Election to Leave Employer's Comprehensive Major Medical
Insurance Program. The City shall pay one hundred and thirty($130) per month
($65 bi-weekly)to any Employee who elects to leave the City's comprehensive major
medical insurance program to be covered by another program for which the City
makes no contribution. This election shall not be mandatory,and the Employee who
made such election may return to the City's comprehensive major medical Insurance
Program, provided that the conditions are a Qualifying Life Event or Open Enrollment
of the City's Comprehensive Major Medical Insurance Program, and the
contributions specified herein are made,but in such event said Employee shall forfeit
the one hundred and thirty dollar($130) payment per month thereafter.
(4) Life Insurance. The City shall provide term life insurance coverage in an amount 1x
annual salary rounded up to the nearest$1,000 for each benefit eligible employee
except for Police and Fire which are at set forth in the collective bargaining
agreement. Such insurance shall become effective upon the award of a group life
insurance bid by the Board of Public Works, or upon the beginning of the plan year,
whichever is later.
(5) Benefit Waiting Period. The City notes that life insurance and comprehensive
major Medical Insurance programs require a minimum eligibility period of thirty(30)
days; and that the long-term disability program requires a minimum ninety(90)day
eligibility period which must be met.
(f) Hiring Bonus.The Mayor, may,at his/her discretion,offer a Hiring Bonus to a new employee
as an incentive for the employee to accept the position offered. This Bonus will be paid to the
employee in addition to the salary set forth in the Salary Ordinance. The range of these
monetary bonuses will be from one hundred ($100) to four thousand dollars ($4,000).
(g) Allowances.
(1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to
city employees in lieu of a City issued car. The allowance may range from one($1)
to five hundred dollars ($500) dollars per month.
(2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business
portion of an employee's cell phone may be provided to those employees whose
position and job responsibilities require the ability to communicate outside of city
premises or after normal city working hours. The allowance shall not exceed one-
hundred dollars($100) per month.
(h) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement
incentive program that may take the form of a bonus upon retirement for years of service or
assistance with health insurance for a retiree who is not Medicare eligible. Such assistance
shall not exceed one(1)year.Any such bonus or assistance must be approved by the Mayor
and Controller and is subject to appropriation by the Common Council before any such bonus
or assistance may be paid.
I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for
employees in PERF covered positions under certain conditions. The Mayor shall have
discretion to offer such early retirement incentive program, pursuant to statute, after
consultation with the Controller and after appropriation by the Common Council.
(i) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's
Employee Handbook as it may be amended from time to time.
Section III. Employee Definitions
(a) Full-Time Employee. Full-time employees are those employees who are regularly
scheduled to work forty(40) hours per week, or a reduced full-time schedule of thirty (30)
hours or more per week as approved by the Mayor on a voluntary basis. Such employees
are eligible for the Employer's Benefits Package subject to the terms, conditions and
limitations of each benefit program. However, solely for purposes of qualification for health
care benefits under the federal Patient Protection and Affordable Care Act (the Act) as
amended,the definition of full time employee shall be the equivalent of that which is provided
in the Act, and this Section shall not be construed to be in conflict with the Act.
(b) Part-Time Employee. Part-time employees are those employees who are not assigned to a
full-time status as defined by the City including those who qualify for health care benefits
under the Act, but who do not meet the City's definition of full-time employee under subpart
(a)of this Section,and who are scheduled to work less than the City of South Bend's full-time
schedule, not to equal or exceed one thousand five hundred sixty (1,560) hours per year.
While they do receive certain mandated benefits (such as worker's compensation, social
security benefits,and for some, health care under the Act),they are not eligible for other City
benefit programs with the exception of the positions listed below:
All Attorneys employed in the City's Legal Department in part-time positions as well as all
elected Council members and the Senior Advisor to the Mayor,are eligible for participation in
all of the Employer's Benefit Programs.
Section IV. City's Employee Handbook Availability
Two(2)copies of the City's Employee Handbook shall be kept on file and made available for public inspection
during regular hours in the office of the City Clerk on the 4th Floor of the County-City Building, South Bend,
Indiana.
Section v. Effective Date
This Ordinance shall be in full force and effect from and after its passage by the Common Council and
approved by the Mayor.
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
2017, at o'clock— M.
Deputy City Clerk
Approved and signed by me on the day of 2017, at
o'clock m.
Mayor, City of South Bend, Indiana
1st READING
[F1 T 0 5 2017
PUBLIC HEARING
3 rd READING iJi.Nor APPROV'_ K,SOUTH BEND,IN
REFERRED
PASSED
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V 1°^^ b w^h @^
y��uTrr� Bill No. 65-17
04 F'�i
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PF:ACF:
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1865:
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
September 18, 2017
r6::::]ffice
Mr. Tim Scott
President, South Bend Common Council 4'Floor, County-City Building ER South Bend, IN 46601 CITY END,IN
Re: 2018 South Bend Firefighters' Salary Ordinance
Dear President Scott:
The 2018 South Bend Firefighters' Association Local No.362 is currently under negotiations with
the City Administration regarding the 2018 Collective Bargaining Agreement. Please note we are
requesting to file this ordinance in name only and will present to the Council the final version of
the ordinance once negotiations are complete.
I will present this bill to the Common Council at the appropriate committee and council meetings.
It is requested that this bill be filed for 1 st reading on September 25,2017,with 2nd reading,public
hearing and 3rd reading scheduled for October 9, 2017. If you have any further questions or need
additional information,please let me know.
Thank you for your consideration.
Sincerely,
J,t C—
Jennifer C. Hockenhull
City Controller
Bill No. 65-1 �F
Ordinance No.
Substitute Bill No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE
BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE
DEPARTMENT FOR CALENDAR YEARS 2018, 2019,2020 AND 2021
CONTRACT CURRENTLY UNDER NEGOTIATION—FINAL VERSION WILL BE
PRESENTED UPON FINAL AGREEMENT.
Filed in Clerk's Office
SEP 2 0 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
Bill No. 17-49
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235-9554
FAX: (574)235-5541
r
Filed :n Cerk's Office
l
October 5,2017
l OCT 052017
The Honorable Common Council South Bend L_�__
Of the City of South Bend KAREEi,/`'`-4.FO1N Eli
CITY C!_i=�tK SOU' + ��=t•"� !i, I
4th Floor, County-City Building l— ------- -- -- - -
South Bend, Indiana 46601
RE: Petition for Special Exception
Rodney L.Eckenberger
10/04/17
Dear Council Members:
The above referenced petition of Rodney L.Eckenbergerwas legally advertised on September 16, 2017. The Area
Board of Zoning Appeals gave it a public hearing on October 4, 2017, at which time the following action was
taken:
Upon a motion by Mr. Young, being seconded by Ms. Schuth and by a unanimous vote, the petition
for Special Exception to allow a tattoo parlor in a"CB" District, located at 4321 S. Michigan St.,Portage
Township,zoned"CB" is sent to the Common Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision
as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of
this report.
Charles C.Bulot, C.B.O. Building
Commissioner
CCB/cah
i
�'
i
�'
��
a
R
Bill No. 17-49
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 4321 S. Michigan St,
South Bend, IN 46614
WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4,and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF TIIE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I.The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,requesting that a
Special Exception be granted for the property located at: 4321 S. Michigan St,
South Bend, IN 46614
in order to permit A tattoo parlor in a "CB"district and variances
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort,community
moral standards,convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V.The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
Filed in Clerk's Office
AUG 14 2017
PRtSEMW
KAREEMAH FOWLER
NOT APPROYM CITY CLERK,SOUTH BEND, IN
PETITION
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS
Eckenberger
FINDINGS OF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT,
COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE:
Due to the commercial nature of neighboring properties,the proposed use should not be injurious to the
public health,safety or general welfare of the community.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA
OR PROPERTY VALUES THEREIN BECAUSE:
The proposed use should not alter the site's impact on surrounding property values.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS
LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
This Special Exception use as a tattoo parlor is consistent with the commercial character of this portion of Michigan
Street.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
The proposed use is consistent with City Plan.South Bend Comprehensive Plan(November 2006);Goal LU 2.2:
Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map.
CONDITIONS OR REVISIONS:
Click here to enter text.
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of
South Bend Common Council with a FAVORABLE RECOMMENDATION
ADOPTED this 4th Day of October,2017
MOTION SECOND RECUSED ABSENT YES NO
❑ ❑ ❑ ❑ ® ❑ MICHAEL URBANSKI
❑ ❑ ❑ ❑ ® ❑ RANDALL MATTHYS
❑ ® ❑ ❑ ® ❑ KATHY SCHUTH
❑ ❑ ❑ ❑ ® ❑ JOHN LESZCZYNSKI
® ❑ ❑ ❑ N ❑ JACK YOUNG
❑ ❑ ❑ ❑ ® ❑ ROBERT HAWLEY
❑ ❑ ❑ ❑ ® ❑ BRENDAN CRUMLISH
Bill No. 17-50
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235-9554
FAX: (574)235-5541
Filed in Clerk's Office
October 5,2017 OCT 05 2017
The Honorable Common Council South Bend KAREEK AH FOWLER
Of the City of South Bend CITY CLERK.SOUTH FEND, IN
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
The Upper Room Recovery Community Inc.
10/04/17
Dear Council Members:
The above referenced petition of The Upper Room Recovery Community Inc.was legally advertised on September
14, 2017. The Area Board of Zoning Appeals gave it a public hearing on October 4, 2017, at which time the
following action was taken:
Upon a motion by Mr. Urbanski, being seconded by Mr. Hawley and by a unanimous vote,the petition
for Special Exception to allow a Group Residence in a "CBD" District, located at 315 N. Main St., Portage
Township,zoned "CBD" is sent to the Common Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision
as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of
this report.
Charles C. Bulot, C.B.O. Building
Commissioner
CCB/cah
Bill No. 17-50
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
3o V\J- Mai✓►��
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty(60)days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW,THEREFORE,BE IT RESOLVED BY THE CONBION COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I.The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at:
315 North Main Street South Bend IN 46601
in order to permit
A Special Exception to operate a "Group Residence" in a CBD zone.
SECTION II.Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III.The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV.Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City
Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
Filed in Clerk's Office
PMENTIM DAUG5 2017
KAREEMAH FOWLER
NOT APPROV ) CITY CLERK,SOUTH BEND,IN
AREA BOARD OF ZOMNG APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235-9554
FAX: (574)235-5541
October 5,2017 Filed in Clerk's Officm
The Honorable Common Council South Bend
Of the City of South Bend OCT 05 1017
4th Floor, County-City Building
South Bend, Indiana 46601 KAREEFr3P.N FOWLER
CITY CLERK SO!.TIJ
RE: Petition for Special Exception ~
The Upper Room Recovery Community
10/04/17
Dear Council Members:
The above referenced petition of Upper Room Recovery Community Inc.was legally advertised on September 14,
2017. The Area Board of Zoning Appeals gave it a public hearing on October 4, 2017, at which time the
following action was taken:
Upon a motion by Mr.Urbanski, being seconded by Mr. Hawley and by a unanimous vote,the petition
for Special Exception to allow a Group Residence in a"CBD"District, located at 333 S. Main St., Portage
Township,zoned "CBD" is sent to the Common Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision
as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of
this report.
Charles C. Bulot, C.B.O. Building
Commissioner
CCB/cah
Filed in Clerk's Office
PETITION
SPECIAL EXCEPTION PURSUANT 21-09.3(D) OCT 05 2017
AREA BOARD OF ZONING APPEALS KAREEt-'11 NLER
The Upper Room Recovery Community In�CITY GLFRK fio!ETN pEIlD, !�'
FINDINGS OF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH,SAFETY,COMFORT,
COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE:
The site is within the Central Business District where a wide range of uses are encouraged.This use should
not be injurious to the health,safety and general welfare of the community.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA
OR PROPERTY VALUES THEREIN BECAUSE:
Adjacent properties are also zoned Central Business District and offer a wide variety of uses compatible
with the proposed use.Therefore,property values should not be affected in a negative manner since they will be
similar in value and scope.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS
LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
A mix of medium and high density residential projects are in the area,along with commercial and business uses.The
mixed-use nature of the project is in character and compatible with the existing and future proposed land uses that would
be allowed.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
The proposed use is consistent with City Plan. South Bend Comprehensive Plan(November 2006)Objective H 6:
Stimulate housing development in the Central Business District(CBD)and Objective LU 3: Increase the urban density of
the Central Business District.
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of
South Bend Common Council with a FAVORABLE RECOMMENDATION
ADOPTED this 4th Day of October,2017
MOTION SECOND RECUSED ABSENT YES NO
® ❑ ❑ ❑ Z ❑ MICHAEL URBANSKI
❑ ❑ ❑ O Z ❑ RANDALL MATTHYS
❑ ❑ ❑ ❑ ® ❑ KATHYSCHUTH
❑ ❑ ❑ ❑ ® ❑ JOHN LESZCZYNSKI
❑ ❑ ❑ ❑ ® ❑ JACK YOUNG
❑ Z ❑ ❑ ® ❑ ROBERT HAWLEY
❑ 0 ❑ ❑ ® ❑ BRENDAN CRUMLISH
Bill No. 17-61
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
325 South Walnut Street, South Bend, Indiana 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
Masterbilt, Incorporated
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
325 South Walnut Street, South Bend, Indiana 46601 and which is more particularly
described as follows:
Business Personal Property
and which has Key Numbers 018-3076-3060 be designated as an Economic Revitalization
Area; 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 an economic
revitalization 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 confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for personal property tax abatement only
and is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION I1. The Common Council hereby determines that the property owner is
qualified for and is granted personal property tax deduction for a period of five (5) years
as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further
determines that the petition, the Memorandum of Agreement between the Petitioner and
the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6,
of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq.
Year 1-100%
Year 2- 80%
Year 3- 60%
Year 4-40%
Year 5-20%
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
Member of the Common Council
Filed in Clerk's Oflice
PRESENTED �C! U 4 201 t !�
NOT APPRO',� KAREE V:A4 I F)W_ER
t Gov;r CITY CLERK.SOUTi 3,3r7N!D:IN
Bill No. 17-63
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
3333 N Kenmore St, South Bend, IN 46628
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SEVEN (7) YEAR REAL
PROPERTY TAX ABATEMENT FOR
Tri-Pac, Inc.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas
for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 3333 N
Kenmore St, South Bend, in 46628 described as follows:
466.42'X452'BEG 821.42'W NE COR SEC 28-38-2E 5AC
391.24'X 452' NE OF DRAINAGE COURSE SEC 28-38-2e 4.064 AC
and which has Key Numbers 025-1010-038504 and 025-1010-038505, respectively, and be
designated as an Economic Revitalization Area; 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 an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such
designation is for real property tax abatement only and is limited to two (2) calendar years from
i
the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted real property tax deduction for a period of seven(7)years as shown by the schedule
outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further
determines that the petition, the Memorandum of Agreement between the Petitioner and the City
of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6-1.1-12 et sea.
Year 1 - 100%
Year 2 - 100%
Year 3 - 100%
Year 4 - 100%
Year 5 - 100%
Year 6 - 100%
Year 7 - 100%
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
Member of the Common Council
Filed in Office
OCT 0 5 2017
PRESENTED KAREEMAh FOWLER
NOT APPROVEC CITY CLERK,SOUTH BEND,IN
-Ar)QPTFO
Bill No. 17-67
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
3333 N Kenmore St, South Bend, IN 46628
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
Tri-Pac, Inc.
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
3333 N Kenmore St,and which is more particularly described as follows:
Business Personal Property
and which has Key Numbers be designated as an Economic Revitalization Area;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 an economic
revitalization 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 confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for personal property tax abatement only
and is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION Il. The Common Council hereby determines that the property owner is
qualified for and is granted personal property tax deduction for a period of five (5) years
as shown by the schedule outlined below as well as the attachment pursuant to Indiana
Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of
Agreement between the Petitioner and the City of South Bend, and the Statement of
Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6-1.1-12 et sea.
Year 1 -100%
Year 2—80%
Year 3 —60%
Year 4—40%
Year 5—20%
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
Member of the Common Council
Filed in Clerk's Office
OCT 04 2017
<. .,N,t.D
NOT APPROVED KAREENIAH FOWLER
CITY CLERK,SOUTH BEND,
AAOPno _
Substitute Bill No. 17-69
"-
Filed in
Fn CT i 9 2017
x x KAREEMAH FOVVLER
Is65 CITY CLERK,SOUTH BEND,IN
::-
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
October 19,2017
Mr.Tim Scott, President
South Bend Common Council
4`h Floor City-County Building
South Bend, IN 46601
RE:Substitute resolution and Memorandum of Understanding regarding Tax Abatement for 23464 Adams Rd. (the"Property")
Dear President Scott:
On October 9, 2017,the Common Council adopted Resolution No.4678-17 directing the City Clerk to give notice of a public hearing
on a proposed resolution(the"Proposed Resolution"),which would modify the Common Council's Resolution No.4607-17,dated
January 9, 2017,declaring a 9-year tax abatement for the Property. The Proposed Resolution would replace the original 9-year tax
abatement schedule with a more aggressive 6-year tax abatement schedule.
i
Enclosed for the Council's consideration on October 23, 2017,is a substitute version of the Proposed Resolution,along with an
associated Memorandum of Agreement to be executed in the event the Common Council adopts the Proposed Resolution. This
substitute version corrects errors in the property description and the corporate entity name of Great Lakes Capital company
responsible for this project appearing in the originally filed version of the Proposed Resolution.
Again,the Department of Community Investment appreciates the Council's support on this project which will bring a critically
important piece of commercial real estate inventory to the City of South Bend-and subsequently bring a new business entrant and
accompanying jobs,investment and eventual tax revenue.
Both I and Jeff Smoke of Great Lakes Capital will attend the Community Investment Committee and Council meetings on October 23,
2017 to address any questions.
Thank you,
Sincerely,
Daniel . Buckenmeyer
Director of Business Development
Department of Community Investment
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT
1400S County-City Building 227W.Jefferson Bvld.1 South Bend,Indiana 46601 p 574.235.9371 www.SOUthbendin.gov
Substitute Bill No. 17-69
RESOLUTION NO.
A RESOLUTION SUPERSEDING A CONFIRMATORY RESOLUTION
AND MODIFYING AND CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
23464 Adams Road, South Bend, IN 46628
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A REAL
PROPERTY TAX ABATEMENT FOR
GLC PORTAGE PRAIRIE II, LLC
WHEREAS, on January 9, 2017, the Common Council (the "Common Council")
of the City of South Bend, Indiana (the "City"), adopted Resolution No. 4607-17 (the
"Declaratory Resolution") designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, the Declaratory Resolution designated the area commonly known as
23464 Adams Road, South Bend, IN 46628 (the "Property") which is more particularly
described as follows:
Lot 1 of the recorded plat of Portage Prairie Minor #8, recorded on March 2,
2017, as Document No. 1704972 in the Office of the Recorder of St. Joseph
County, Indiana.
and which has Key Number 025-1009-014608, be designated as an Economic
Revitalization Area; and
WHEREAS, on February 13, 2017, the Common Council adopted Resolution No.
4610-17(the"Confirmatory Resolution")confirming the Declaratory Resolution following
a public hearing advertised and conducted pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, on October 23, 2017, the Common Council conducted a public
hearing for the purpose of hearing all remonstrances and objections from interested persons
concerning the proposed amendment of the tax abatement schedule that the Common
Council approved on January 9,2017, under the Declaratory Resolution and confirmed on
February 13, 2017, under the Confirmatory Resolution; and
I
WHEREAS,the Council has determined to supersede the Confirmatory Resolution
and to modify and confirm the Declaratory Resolution by adopting an amended tax
abatement schedule with respect to the Property.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Confirmatory Resolution is hereby superseded by this Resolution.
SECTION II. The Common Council hereby modifies and confirms the Declaratory
Resolution designating the Property as an Economic Revitalization Area for the purposes
of tax abatement. Such designation is for real property tax abatement only and is limited
to two(2)calendar years from the date of adoption of the Declaratory Resolution.
SECTION III. The real property description and Key Number contained in the Declaratory
Resolution are hereby deleted and replaced by the description of the Property and Key
Number contained in this Resolution. No real property included in the real property
description set forth in the Declaratory Resolution but excluded from the description of the
Property stated in this Resolution will be designated as an Economic Revitalization Area
or will be otherwise subject to the tax abatement confirmed by this Resolution.
SECTION IV. Each reference to "GLC SBDC II, LLC" contained in the Declaratory
Resolution is deleted and replaced by"GLC Portage Prairie, LLC."
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted a real property tax deduction for the Property for a period of
six(6)years, as shown by the amended tax abatement schedule attached hereto as Exhibit
A,pursuant to Indiana Code 6-1.1-12.1-17 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.
SECTION VI. All of the Common Council's findings and determinations under the
Declaratory Resolution remain in full force and effect unless expressly modified by this
Resolution.
SECTION VII. Upon the Common Council's adoption of this Resolution, the Common
Council will execute a Memorandum of Agreement (the "Updated MOA") reflecting the
amended tax abatement schedule, which Updated MOA will supersede and replace the
Memorandum of Agreement dated February 13,2017.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approved by the Mayor.
Member of the Common Council
2
Exhibit A
Tax Abatement Schedule
[See attached.]
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MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (this "Agreement") dated as of the 23rd day of
October, 2017, serves as confirmation of a commitment by GLC Portage Prairie II, LLC (the
"Applicant"), to comply with the project description,job creation and retention (and associated
wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments
and this Agreement(the"Commitments").
1. Commitments of City and Applicant. Subject to the South Bend Common
Council's (the "SBCC") adoption of a resolution modifying and confirming its Resolution No.
4607-17 dated January 9, 2017 (the "Declaratory Resolution"), the City of South Bend, Indiana
(the "City") commits to providing a six (6) year real property tax abatement for the Applicant,
based on the Applicant's commitment set forth in Commitments regarding the construction of a
building located on property at 23464 Adams Rd., South Bend, IN 46628 approved as part of the
Commitments. The Applicant commits to a capital expenditure (from all sources of funds) of
$8,800,000 to construct a new approx. 210,000 sq. ft. spec commerciallbulk distribution facility.
This project will create 10 permanent full-time jobs in the first three years, representing an
annual payroll of$374,400.
2. Potential Impact of State of Indiana Circuit Breaker Law: The parties note that
the calculations regarding the affect of the tax abatement in question are based on the State of
Indiana's tax rates currently in effect at the time of entering into this Memorandum of
Agreement. The complete impact of the State of Indiana's Circuit Breaker law on the City's
property tax revenues is unknown at this time. To assure that the City receives the projected
amount of property tax revenues, which amount was calculated at the time of granting the tax
abatement for the Applicant, the parties to this Memorandum of Agreement agree to adjust the
length of the abatement and/or the percentage of deduction if the tax revenues due under the
Circuit Breaker Law are less than what was initially projected and represented to the Common
Council, as evidenced by the supporting documentation submitted to the Council with the
Applicant's tax abatement petition. However, in no case will the adjustments cause the property
taxes to be paid to exceed the tax payments as initially projected and represented to the Common
Council by the aforementioned supporting documentation.
Memorandum of Agreement
Page 2 of 6
3. Applicant's Compliance with City and State Laws. During the term of the
abatement, the Applicant shall comply with Chapter 2, Article 6 of the South Bend Municipal
Code entitled "Tax Abatement Procedures" and all governing provisions of the Indiana Code.
During the term of this abatement, the City may annually request information from the Applicant
concerning the nature of the Project, the approved capital expenditure of the Project, the number
of full-time permanent positions newly created by the Project, and the average wage rates and
salaries (excluding benefits & overtime) associated with the positions, and the Applicant shall
provide the City with adequate written evidence thereof within 15 days of such request (the
"Annual Survey"). The City shall utilize this information and the information required to be
filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that
the Applicant has complied with the commitments contained in the Commitments at all times
after the Commitment Date and during the duration of the abatement. The Applicant further
agrees to provide the City with such additional information requested by the City related to the
information provided in the Annual Survey and the CF-1 form within a reasonable time
following any such additional request.
4. Substantial Compliance and Rights of Termination. The City, by and through the
SBCC, reserves the right to terminate the Economic Revitalization Area designation and
associated property tax abatement deductions if it determines that the Applicant has not made
reasonable efforts to substantially comply with all the Commitments, and the Applicant's failure
to substantially comply with the Commitments was not due to factors beyond its reasonable
control. As used in this Agreement, "substantial compliance" shall mean the Applicant's
compliance with the following: (a) a minimum investment amount of Eight Million Eight
Hundred Thousand ($8,800,000) for new building construction. (b) this project will create 10
permanent full-time jobs in the first three years.
5. Factors Beyond Control. As used in this Agreement, factors beyond the control
of the Applicant shall only include factors not reasonably foreseeable at the time of designation
application and submission of Statement of Benefits which are not caused by any act or omission
of the Applicant and which materially and adversely affect the ability of the Applicant to
substantially comply with this Agreement.
Memorandum of Agreement
Page 3 of 6
6. Repayment of Tax Abatement Savings. If at any time during the term of this
Agreement the Applicant shall: (i) be delinquent or in default with respect to any tax payment in
St. Joseph County, Indiana; or (ii) cease operations at the facility for which the tax abatement
was granted; or (iii) announce the cessation of operations at such facility, then the City may
immediately terminate the Economic Revitalization Area designation and associated tax
abatement deductions, and upon such termination, require Applicant to repay all of the tax
abatement savings received through the date of such termination.
7. Notice/Hearing of Termination. In the event that the City determines that the
Economic Revitalization Area designation and associated tax abatement deductions should be
terminated or that all or a portion of the tax abatement savings should be repaid, it will give the
Applicant notice of such determination, including a written statement calculating the amount due
from the Applicant, and will provide the Applicant with an opportunity to meet with the City's
designated representatives to show cause why the abatement should not be terminated and/or the
tax savings repaid. Such notice shall state the names of the person with whom the Applicant
may meet and will provide that the Applicant shall have thirty days from the date of such notice
to arrange such meeting and to provide its evidence concerning why the abatement termination
and/or tax savings repayment should not occur. If, after giving such notice and receiving such
evidence, if any, the City determines that the abatement termination and/or the tax repayment
action is proper, the Applicant shall be provided with written notice and a hearing before the
SBCC before any final action shall be taken terminating the abatement and/or requiring
repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St.
Joseph County Superior or Circuit Court.
8. Repayment. In the event the City requires repayment of the tax abatement
savings as provided hereunder, it shall provide Applicant with a written statement calculating the
amount due (Statement), and Applicant shall make such repayment to the City within 30 days of
the date of the Statement. If the Applicant does not make timely repayment, the City shall be
entitled to all reasonable costs and attorneys' fees incurred in the enforcement and collection of
the tax abatement savings required to be repaid hereunder.
9. Modification/Entire Agreement. This Agreement and the schedules attached
hereto contain the entire understanding between the City and the Applicant with respect to the
subject matter hereof, and supersede all prior and contemporaneous agreements and
Memorandum of Agreement
Page 4 of 6
understandings, inducements, and conditions, expressed or implied, oral or written, except as
herein contained. This Agreement may not be modified or amended other than by an agreement
in writing signed by the City and the Applicant. The Applicant understands that any and all
filings required to be made or actions required to be taken to initiate or maintain the abatement
are solely the responsibility of the Applicant. In accordance with the SBCC's Resolution No.
, dated October 23, 2017, the City and the Applicant mutually acknowledge and
agree that this Agreement supersedes and replaces the Memorandum of Agreement dated
February 13, 2017, between the City and GLC SBDC II, LLC, which entity was erroneously
identified as the applicant.
10. Waivers. Neither the failure nor any delay on the part of the City to exercise any
right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor
shall any single or partial exercise of any right, remedy, power or privilege preclude any other or
further exercise of the same or of any other right, remedy,power or privilege with respect to any
occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to
any other occurrence. No waiver shall be effective unless it is in writing and is signed by the
party asserted to have granted such waiver.
11. Governing Laws of Indiana. This Agreement and all questions relating to its
validity, interpretation, performance, and enforcement shall be governed by the laws and
decisions of the courts of the State of Indiana.
12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents
to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or
Superior Court in connection with any action or proceeding arising out of or relating to this
Agreement or any documents or instrument delivered with respect to any of the obligations
hereunder, and any action related to this Agreement shall be brought in such County and in such
Court.
13. Notices. All notices, requests, demands, and other communications required or
permitted under this Agreement shall be in writing and shall be deemed to have been received
when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on
the third business day following the mailing, by registered or certified mail, postage prepaid,
return receipt requested,thereof, addressed as set forth below:
Memorandum of Agreement
Page 5 of 6
If to Applicant: GLC Portage Prairie I1, LLC
112 West Jefferson Blvd., Suite 200
South Bend, IN 46601
Attn: Jeff Smoke
If to the City: City of South Bend,Indiana
227 West Jefferson Blvd. Suite 1400S
South Bend, Indiana 46601
Attn: Daniel Buckenmeyer, Department of
Community Investment
14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and
inure to the benefit of the City and the Applicant and their successors and assigns, except that no
party may assign or transfer its rights or obligations under this Agreement without the prior
written consent of the other party hereto, in which consent shall not be unreasonably withheld.
15. Valid and Binding Agreement. This Agreement may be executed in any number
of counterparts, each of which shall be deemed to be an original as against any party whose
signature appears thereon, and all of which shall together constitute one and the same instrument.
By executing this Agreement, each person so executing affirms that he has been duly authorized
to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and
binding obligation of the party.
16. Severability. The provisions of this Agreement and of each section or other
subdivision herein are independent of and separable from each other, and no provision shall be
affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other
or others of them may be invalid or unenforceable in whole or in part unless this Agreement is
rendered totally unenforceable thereby.
17. No Personal Liability. No official, director, officer, employee or agent of the City
shall be charged personally by the Applicant, its employees or agents with any liabilities or
expenses of defense or be held personally liable to the Applicant under any term or provision of
this Agreement or because of the execution by such party of this Agreement or because of any
default by such party hereunder.
[Remainder of page intentionally blank.]
Bill No. 17-71
4sovTN 8� � Filed in Cler<,.'s OifiicE: -
w a j OCT 112017
PEACE
x x
KAI?EEi,'.' :t OVIIL.E`,'
1865 CITY(,�ERA
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
October 11,2017
Tim Scott, President
South Bend Common Council
4th Floor, County-City Building
RE: A Resolution of the Common Council of the City of South Bend, Indiana,
Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of
Services to an Annexation Area in Clay Township (Old National Annexation Area)
Dear President Scott:
I am attaching for filing the above resolution, which is a companion to Bill No. 12-17.
That bill proposes to voluntarily annex contiguous territory in Clay Township to the City
of South Bend. This resolution provides for the Common Council's approval and
adoption of the written plan and policy concerning the provision of services,both capital
and non-capital,to the territory to be annexed.
This 1.9-acre annexation area contains one parcel at the northeast corner of State Road 23
and Douglas Road. All public improvements, if any, will be required to be done at the
expense of the developer.
I request that the attached resolution be placed on the October 23, 2017, agenda of the
Common Council meeting at which the companion Bill is given Second Reading. I will
be attending the meeting,as well as the Zoning& Annexation Committee hearing,as the
presenter.
If you have any questions, please feel free to contact me at 235-5843. Thank you.
Sincerely,
`t�F9
Michael P. Divita, AICP
Planner
EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT
1400S County-City Building 1 227 W.Jefferson Bvld. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov
Bill No. 17-71
BILL NO.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND,INDIANA,ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CLAY TOWNSHIP
(OLD NATIONAL ANNEXATION AREA)
WHEREAS,there has been submitted to the Common Council of the City of South Bend,
Indiana,an Ordinance and a petition by all(100%)property owners which proposes the annexation
of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly
described at Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately 1.9 acres
of land containing one vacant commercial building formerly used as a bank,which is at least 12.5%
contiguous to the current City limits, i.e., approximately 65.0% contiguous, generally located on
the northeast corner of State Road 23 and Douglas Road. It is anticipated that the annexation area
will be used for commercial purposes; and
WHEREAS,this development will require a basic level of municipal public services of a
non-capital improvement nature,including police and fire protection,street and road maintenance,
street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital
improvement nature, including street and road construction, sidewalks, street lighting, a sanitary
sewer system, a water distribution system, and a storm water system and drainage plan; and
WHEREAS,the South Bend Common Council now desires to establish and adopt a fiscal
plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital
nature,including police and fire protection,street and road maintenance,street sweeping,flushing,
and snow removal,and sewage collection,and other non-capital services normally provided within
the corporate boundaries; and services of a capital improvement nature including street and road
construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm
water system to be furnished to the territory to be annexed (2) the method(s) of financing those
services; (3) the plan for the organization and extension of those services; (4) that services of a
non-capital nature will be provided to the annexed area within one(1)year after the effective date
of the annexation, and that they will be provided in a manner equivalent in standard and scope to
similar non-capital services provided to areas within the corporate boundaries of the City of South
Bend, regardless of similar topography, patterns of land use, and population density; (5) that
services of a capital improvement nature will be provided to the annexed area within three (3)
years after the effective date of the annexation within the same manner as those services are
provided to areas within the corporate boundaries of the City of South Bend regardless of similar
topography, patterns of land use, or population density, and in a manner consistent with federal,
state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees
or other governmental entities whose jobs will be eliminated by the proposed annexation.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be
annexed that the following described real property located in Clay Township, St. Joseph County,
Indiana be annexed to the City of South Bend:
That Part of the Southwest Quarter of Section 29, Township 38 North, Range 3
East, St. Joseph County, Indiana, being more particularly described as follows:
Beginning at the Northwest Corner of Lot"A"in Standard Federal Bank Replat
of Lots 1 and 2 in Tower Minor Subdivision, recorded August 29, 1994 as
Instrument Number 94-32933 in the Office of the Recorder of St. Joseph County,
Indiana;thence West along the existing City Limit Line 122' more or less to the
West Right-of-Way Line of State Road 23,also being the East Line of Lot 2A of
Foundation Center First Replat Subdivision; thence Southwesterly along the West
Right-of-Way Line of State Road 23, 417 feet,more or less,to the South Right-
of-Way Line of Douglas Road; thence East 120 feet, more or less, to the East
Right-of-Way Line of State Road 23; thence North along the East Right-of-Way
Line of State Road 23 to the existing City Limit; thence West 18 feet, more or
less, and Northeasterly 127 feet, more or less,along the existing City Limit Line;
thence Southeasterly 30 feet more or less, and Easterly 215 feet, more or less,
along the existing City Limit Line to the Southeast Corner of Lot"A"in Standard
Federal Bank Replat of Lots 1 and 2 in Tower Minor Subdivision,recorded
August 29, 1994 as Instrument Number 94-32933 in the Office of the Recorder of
St.Joseph County, Indiana; thence North along the East Line of said Lot 160 feet;
thence East along the South Line of said Lot 102.3 feet; thence North along the
East Line of said Lot 80 feet to the Northwest Corner of said Lot; thence West
along the North Line of said Lot 143.6 feet to the Point of Beginning.
Containing approximately 1.89 acres.
Section II. It shall be and hereby is now declared and established that it is the policy of
the City of South Bend,to furnish to said territory services of a non-capital nature, such as police
and fire protection, street and road maintenance, street sweeping, flushing, and snow removal,
within one (1) year of the effective date of the annexation in a manner equivalent in standard and
scope to services furnished by the City to other areas of the City regardless of similar topography,
patterns of land utilization, and population density; and to furnish to said territory, services of a
capital improvement nature such as street and road construction, sidewalks, a street light system,
a sanitary sewer system, a water distribution system, a storm water system and drainage plan,
within three(3)years of the effective date of the annexation in the same manner as those services
are provided to areas within the corporate boundaries of the City of South Bend regardless of
similar topography, patterns of land use,or population density.
Section III. The South Bend Common Council, shall and does hereby now establish and
adopt the Fiscal Plan, attached hereto as Exhibit"A", and made a part hereof,for the furnishing of
said services to the territory to be annexed, which provides, among other things, that the public
sanitary sewer and water network is available with capacity sufficient to service this area with
costs for lateral extensions and any improvements in sewer or water capacity to be paid for by the
developer in compliance with state and local law; that no additional street lighting will be
necessary;that no new roads or streets will be required; and that the developer will be responsible
for extending the sidewalk along the north side of Douglas Road adjacent to the annexed parcel.
Section IV. Site planning should employ Complete Streets principles; and sidewalks
should be provided along public streets and be in compliance with the Americans with Disabilities
Act(ADA) under the PROWAG standards.
Section V. It is required as a condition of annexation that any future alterations to the
property meet the City of South Bend's building and zoning requirements.
Section VI. This Resolution shall be effective from and of the date of adoption by the
Common Council.
Member, South Bend Common Council
Filed in Clerk's Or ice
OCT i 1 2017
r+cE�,ENTEU
KAREEM,,-`,1 FOWLER
NO-1 APP&QM CITY CLERK.SOu.'i'ia BE 0D ICI
Exhibit "A"
THE CITY OF SOUTH BEND
FISCAL PLAN
OLD N
ANNEXATION AREA
Prepared by
City of South Bend
Department of Community Investment
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601
October 2, 2017
lama"
Old National Annexation Area 2
TABLE OF CONTENTS
SECTION I. INTRODUCTION...............................................................................3
SECTION II. GENERAL DATA...............................................................................3
A. Location
B. Legal Description
C. Contiguity
D. Size of Annexation Area
E. Buildings & Land Use
F. Zoning& Subdivisions
G. Population
H. Tax Rate & Impact
I. Parcel Ownership &Assessments
J. Municipal Legislative District
K. Hiring Plan
SECTION III. MUNICIPAL SERVICES....................................................................6
A. Public Works
B. Police Department
C. Fire Department & EMS
D. Code Enforcement
E. Environmental Services
F. Administrative Services
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA.......................11
SECTION V. FISCAL IMPACT...............................................................................12
Fiscal Impact: TABLE 1
SECTIONVI. APPROVAL.......................................................................................14
LegalDescription ......................................................................................................15
Map: MAP 1 ....................................................................................................16
Old National Annexation Area 3
SECTION I. INTRODUCTION
This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the
annexation of property in Clay Township, St. Joseph County, Indiana (hereinafter, "Annexation
Area"), and was developed through the cooperative efforts of the Area Plan Commission and
the following City Departments:
Legal Department
Department of Public Works
South Bend Fire Department
South Bend Police Department
Department of Code Enforcement
Department of Community Investment
Department of Administration & Finance
SECTION IL GENERAL DATA
A. Location
The Annexation Area is located at the northeast corner of State Road 23 and Douglas Road.
See Map 1.
B. Legal Description
The Annexation Area is part of the Southwest Quarter of the Southeast Quarter of Section 29,
Township 38 North, Range 3 East, in Clay Township, St. Joseph County, Indiana. For a
complete legal description, see Page 15.
C. Contiguity
The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits:
Contiguous 997.9 feet 65.0%
Non-Contiguous 537.0 feet 35.0%
Total 1,534.9 feet 100%
D. Size of Annexation Area
The Annexation Area is approximately 1.9 acres in area.
Old National Annexation Area 4
E. Buildings& Land Use
The Annexation Area contains one vacant commercial building, formerly used as a bank. A
gas station and convenience store are proposed for the land.
F. Zoning&Subdivisions
The one property in the Annexation Area is currently zoned "C" Commercial District in St.
Joseph County. With the annexation petition, the petitioner seeks to rezone the land to "CB"
Community Business District in the City. The annexation parcel falls within the Standard
Federal Bank Replat of Tower Minor Subdivision.
G. Population
No people currently reside in the Annexation Area. After development, no residents are
proposed to live in the Annexation Area.
H. Tax Rate& Impact
The tax rates used are those of 2016 payable 2017. The total tax rate for unincorporated
Clay Township is 2.6286 per $100 of taxable real estate. The total tax rate for South Bend
Clay Township is 5.9686 per $100 of taxable real estate.
Per State law, the tax caps expressed as a percentage of the gross assessed value for
different classifications of property are as follows, regardless of the property's location being
within South Bend or unincorporated St. Joseph County:
Property Type Cap
Homestead Residential 1.0%
Non-Homestead Residential 2.0%
Agricultural 2.0%
Other(Commercial) 3.0%
For at least the four years after the effective date of the annexation, the expected tax rates,
tax levies, expenditure levels, service levels, and annual debt service payments are estimated
to be approximately the same as those in effect at the time of annexation for each of the
political subdivisions to which the proposed annexation applies.
Because of the relatively small size of the Annexation Area and its assessed value relative to
the total size and tax base of the various political subdivisions, this annexation is expected, for
at least four years after the effective date of this annexation, to have a negligible impact on
the finances and tax revenues of South Bend and other political subdivisions to which the
proposed annexation applies, on the political subdivisions in St. Joseph County not part of this
annexation, and on taxpayers not part of this annexation.
Old National Annexation Area 5
I. Parcel Ownership &Assessments
Parcel Assessed
Identification Address Parcel Owner Value
Number (Total)
02-2019-041102 17730 State Road 23 Star 002 LLC $227,500
Total Assessments
Land: $ 68,000
Improvements: $159,500
Total (Gross): $227,500
Total (Net): $227,500
Assessments are based on 2016 payable 2017 St. Joseph County property tax records.
J. Municipal Legislative District
The Annexation Area will be in the 4th District.
K. Hiring Plan
This annexation is not anticipated to result in the elimination of jobs for employees of any
other governmental entities. The Clay Township Trustee has been notified of this proposed
annexation.
I
Old National Annexation Area 6
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer - A 10"-diameter sanitary sewer line runs along the centerline of Douglas Road
adjacent to the Annexation Area. This pipe continues west along Douglas Road and connects
with a 10" main, also on Douglas Road, via a lift station. The line and the lift station have
adequate capacity to serve the Annexation Area. An 8" stub extending northward from the
Douglas Road sewer near the east end of the Annexation Area may be available to tie into the
system.
Development of the site requires City approval of a drainage plan that meets the City's
requirement to store on site all runoff from developed areas.
Water-The South Bend Water Works currently has a 10" water main near the centerline of
Douglas Road and a 12" water main on the west side of State Road 23. Either water main will
provide more than adequate capacity for the Annexation Area.
Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22-2,
I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer
Utility. The Annexation Area will be subject to system development charges for both water and
sewer services.
Street Lighting - Street lighting is provided along Douglas Road, including at its intersection
with State Road 23. Should any additional lighting be necessary along State Road 23 at the
western edge of the Annexation Area, street lighting on wood poles with overhead wiring can
be provided through an ongoing contract with Indiana Michigan Power. If the developer
wishes to construct and dedicate additional street lighting, especially of a decorative nature or
with underground wiring, the City may accept it for maintenance and operation, supported by
property tax revenue.
Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect
for this area.
Streets - No new public streets are proposed with this annexation. The portion of Douglas
Road adjacent to the Annexation Area is already within the city limits. The annexation would
add approximately 440 feet of State Road 23 to the City, but that street will continue to be
maintained by the Indiana Department of Transportation. If any changes are made to the
driveway location along Douglas Road, a City Curb Cut Application will be required. An INDOT
permit would be required for any new driveway approaches to private property from State
Road 23.
The petitioner will be responsible for extending the sidewalk along the north side of Douglas
Road adjacent to the parcel being annexed.
Old National Annexation Area 7
2016 Actual Budget Report for the Department:
Expenditures: $13,682,549
Miles of Roadway in City: @502
Cost per Mile: @$27,256
New Mileage within Area: @0.00 miles (0 feet)
Estimated Maintenance Cost
for Annexation Area per year: @$0
Old National Annexation Area 8
B. Police Department
The Annexation Area would be added to the existing Beat 11. Police patrols, traffic
enforcement, and emergency responses will be part of the services the City will offer to this
area. This proposed annexation would require officers to cover a relatively small additional
area on this beat.
At this time, it is not expected that this annexation would cause calls for service to increase
significantly, and it is not anticipated that it will be necessary to increase police patrols beyond
the existing beat patrol. The addition of this Annexation Area will not significantly increase
response time within the beat.
The cost for servicing the proposed area is not expected to impact the existing budget of the
Police Department with any significance. The patrol costs would be assumed by the Police
Department budget. However, this area, as well as all other areas of the City, will continually
be monitored for level of service demands and other criteria that would necessitate additional
resources through budgetary increases or possible shifting of existing resources, such as a
beat restructure.
Police services and response time in this area can be expected to be comparable with that as
in all other areas of the City. Police coverage to this area could begin immediately upon
annexation.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2016 Actual Budget Report for the Department:
Expenditures (including pension cost): $38,121,438
Number of Households in City (2010): @39,760
Cost per Household: @$959
Number of Parcels in City (2017): @48,000
Cost per Parcel: @$794
Proposed Number of Households in Area: 0
Proposed Number of Parcels in Area: 1
Cost for Annexation Area per year: $794 (1 parcel x $794/ parcel)
Old National Annexation Area 9
C. Fire Department& EMS
Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire
department. The Annexation Area will be serviced primarily by Fire Station #3, located at
1805 McKinley Avenue, approximately 2.5 miles away. Additional Fire Department units
would respond from Fire Station #9 at 2520 Mishawaka Avenue, which is approximately 3.5
miles away.
The South Bend Fire Department does not foresee any unusual fire protection problems
related to this annexation. Response times will be comparable to other areas of the City. No
additional equipment will need to be purchased or personnel hired to service the Annexation
Area. Fire coverage to this area could begin immediately upon annexation. Adequate water
supply will be necessary as development takes place.
Emergency Medical Response - The City will provide emergency medical response to the
Annexation Area. This area will be serviced by Medic #3, which is at Fire Station #2, located
at 402 Charles Martin Sr. Drive (approximately 4.1 miles away), and Medic #2, which is at Fire
Station #1, located at 1222 S. Michigan Street (approximately 4.7 miles away).
Response times will be comparable to other areas of the City. No additional equipment will
need to be purchased or personnel hired to service the Annexation Area. Emergency medical
services are supported by user fees and would be available upon annexation.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2016 Actual Budget Report for the Department:
Expenditures (including pension cost): $34,455,772
Number of Households in City (2010): @39,760
Cost per Household: @$867
Number of Parcels in City(2017): @48,000
Cost per Parcel: @$718
Proposed Number of Households in Area: 0
Proposed Number of Parcels in Area: 1
Cost for Annexation Area per year: $718 (1 parcel x $718/ parcel)
D. Code Enforcement
The Annexation Area will be added to Area 4. The Department of Code Enforcement will be
able to provide services to the Annexation Area with comparable response times. The
Department will respond to calls for service upon the effective date of the annexation. Full
and dedicated response will be in place within one year of the effective date of the
annexation.
Old National Annexation Area 10
2016 Actual Budget Report for the Department:
Expenditures: $3,722,813
Number of Parcels in City(2017): @48,000
Cost per Parcel: @$78
Proposed Number of Parcels in Area: 1
Cost for Annexation Area per year: $78 (1 parcel x $78/ parcel)
E. Environmental Services
Wastewater Treatment-Wastewater treatment services are supported by user fees and are
paid through the Water Works billing system.
Solid Waste - Larger scale commercial or industrial customers are generally not served by the
Bureau of Solid Waste. However, the Bureau of Solid Waste is able to provide service to small
commercial customers at $16.22 per month, or the prevailing rate at that time, for a 96-gallon
container with service beginning on the effective date of the annexation.
F. Administrative Services
The City of South Bend provides a wide range of services other than those noted above, such
as the Mayor's Office, the Legal Department, and Venues Parks &Arts.
These services are available upon the effective date of the annexation. Full and dedicated
response for non-capital services will be in place within one year of the effective date of the
annexation. Costs for these services have not been calculated.
The incorporation of the Annexation Area will not affect the provision of other services
currently provided to this property on a countywide basis. The St. Joseph County Health
Department, the St. Joseph County Public Library, the Area Plan Commission, and the St.
Joseph County/South Bend Building Department are among the countywide agencies that will
continue to provide the same type and level of services to the Annexation Area.
Countywide services will continue to be supported by the County and Township taxes that will
remain in effect.
Old National Annexation Area 11
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA
This proposed annexation will add one commercial property to the City of South Bend. The
petitioner proposes to redevelop the former bank building into a gas station and convenience
store. The Annexation Area is presently zoned "C" Commercial District in unincorporated St.
Joseph County. A day care center zoned "0" Office District in the City is located to the north.
To the east is a vacant parcel zoned "CB" Community Business District in the City. To the
south is a bank zoned "B" Business District in unincorporated St. Joseph County. To the
southwest are a nursing home and another day care center, zoned "R-2" Multi-Family District
and "R" Single Family District, respectively, in unincorporated St. Joseph County. To the west,
across State Road 23, is the Foundation Center, a medical-oriented complex zoned "B"
Business District in unincorporated St. Joseph County.
The Annexation Area is located at the intersection of State Road 23 and Douglas Road, noted
as a regional commercial node on the future land use map of City Plan, South Bend's
comprehensive plan. A concentration of commercial and office uses is found near the
intersection. Land uses generally taper in intensity to residential uses as one moves away
from the intersection.
The petitioner proposes to raze the vacant commercial building to construct a gas station with
a convenience store. The preliminary site plan shows a store of approximately 3,462 square
feet, pump islands with a canopy, and 26 parking spaces.
The petitioner should give careful consideration to urban design and circulation elements as
part of its site planning. The site design should orient the building and canopy to the public
streets. The finishes of those structures and of any signage should be consistent with the
quality of surrounding properties, most of which contain brick buildings. To maintain the
area's relatively green appearance, landscaping should be provided at a level similar to the
Foundation Center and other nearby properties. The site should be laid out to minimize
conflicts among vehicles and pedestrians, both on site and at access points from the two busy
streets that serve the parcel.
Any improvements or future changes must meet the City's applicable building, zoning, and
subdivision ordinances.
pp—
Old National Annexation Area 12
SECTION V. FISCAL IMPACT
1) Essential city services can be made available to the residents (and territory) of the
Annexation Area in a timely and comparable fashion per the requirements of State law and
this fiscal plan.
2) The City is financially able to support city services to the territory sought to be annexed.
3) Required improvements made by the petitioner and/or owner of the parcel(s) must be
made in accordance with the standards of the City of South Bend.
4) Required improvements made by the City will be completed within the time frames provided
by State law and this fiscal plan.
5)All figures are estimates. Final cost of capital expenditures, if any, will not be determined
until bids are publicly solicited, contracts are awarded, and projects are closed out.
6) Property tax revenue and land assessment estimates are based on a combination of 2016
payable 2017 tax information, assessments of comparable developments, estimates of units
built, estimates of unit values and land assessments, and tax abatements or adjustments, if
any. Tax rates are subject to change every year, and property tax revenues may be subject to
tax caps.
7) Department expenditures and revenues are derived from the City of South Bend Budget.
8)The estimated costs to provide services, noted in Section III, Municipal Services, is a City-
wide average based on a particular budget year. In the case of the proposed development in
the Annexation Area, some of these services may not be required or possibly requested for
many years. Hence, the cost of providing services over the first five years should be evaluated
with this in mind.
Old National Annexation Area 13
TABLE 1
Summary Table - Estimated Fiscal Impact
Expenditures Capital Non-Capital Notes 5-Year Total
(Est.) Per Year (Est.)
Street Construction $0 $0
Connection at
Sewer Extension $0 petitioner's $0
expense
Connection at
Water Extension $0 petitioner's $0
expense
Street Lights $0 $0
Street Maintenance $0 $0 $0
Police $0 $794 $3,970
Fire $0 $718 $3,590
Code $0 $78 $390
Approximate 5-Year Expenditures $7,950
Revenues Notes Total (Est.) 5-Year Total
Year 1 $4,762
Year 2 $4,762
Property Taxes
(to City) Year 3 $5,756 $26,792
Year 4 $5,756
Year 5 $5,756
MVH/LRSA Estimated at revenue $0 $0
per mile of$22,520
Approximate 5-Year Revenues $26,792
Revenue estimate based on $227,500 net assessment and capped tax rate of 3%of
$227,500 gross assessment in Years 1 and 2; and $275,000 net assessment and capped
tax rate of 3% of$275,000 gross assessment, first taxable in Year 3.
Old National Annexation Area 14
SECTION VI. APPROVAL
Approved by the City of South Bend Common Council this day of ,
2017.
Old National Annexation Area 15
LEGAL DESCRIPTION
That Part of the Southwest Quarter of Section 29, Township 38 North, Range 3 East, St.
Joseph County, Indiana, being more particularly described as follows: Beginning at the
Northwest Corner of Lot "A" in Standard Federal Bank Replat of Lots 1 and 2 in Tower Minor
Subdivision, recorded August 29, 1994 as Instrument Number 94-32933 in the Office of the
Recorder of St. Joseph County, Indiana; thence West along the existing City Limit Line 122'
more or less to the West Right-of-Way Line of State Road 23, also being the East Line of Lot
2A of Foundation Center First Replat Subdivision; thence Southwesterly along the West Right-
of-Way Line of State Road 23, 417 feet, more or less, to the South Right-of-Way Line of
Douglas Road; thence East 120 feet, more or less, to the East Right-of-Way Line of State Road
23; thence North along the East Right-of-Way Line of State Road 23 to the existing City Limit;
thence West 18 feet, more or less, and Northeasterly 127 feet, more or less, along the
existing City Limit Line; thence Southeasterly 30 feet more or less, and Easterly 215 feet,
more or less, along the existing City Limit Line to the Southeast Corner of Lot "A" in Standard
Federal Bank Replat of Lots 1 and 2 in Tower Minor Subdivision, recorded August 29, 1994 as
Instrument Number 94-32933 in the Office of the Recorder of St. Joseph County, Indiana;
thence North along the East Line of said Lot 160 feet; thence East along the South Line of
said Lot 102.3 feet; thence North along the East Line of said Lot 80 feet to the Northwest
Corner of said Lot; thence West along the North Line of said Lot 143.6 feet to the Point of
Beginning. The Annexation Area contains approximately 1.89 acres.
Old National Annexation Area 16
MAP 1
Old National Annexation Area
5 f
Douglas
- Elkins
NORTH
0 50 100 200 300
Q City of South Bend=CNd N ational Annexation Area
Feet
Prepared by City of South Bend Department of Community Investment March 9.21717
Bill No. 17-72
CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR
PEACE:"_l�
a x x
October 17,2017 `;lerk's office
Mr.Tim Scott, President
South Bend Common Council XT � 2017
4°i Floor County-City Building
South Bend IN 46601 KAREEMAH FOWLER
CITY CLERK,5QU1 M MNb,IN
RE: My SB Parks& Trails Redevelopment Bond
Dear President Scott,
Attached is A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING AND AUTHORIZING THE ISSUANCE OF BONDS OF THE CITY OF
SOUTH BEND REDEVELOPMENT DISTRICT AND RELATED MATTER.
The My SB Parks&Trails initiative seeks to leverage over$12 million worth of private funds and grants
to make a transformative impact throughout the city's shared green spaces. The entire portfolio of
projects includes parks improvements to 32 parks and dozens of miles of trails,throughout every
neighborhood in the city,benefiting six focus areas: neighborhood improvement,public safety, social
equity,ecological stewardship,public health,and economic impact. Every defined project has been
established through a substantial amount of resident engagement, including dozens of community forums,
hundreds of hours of stakeholder&neighborhood sessions,and thousands of pieces of written feedback.
These are all documented through City Plan 2025, Parks&Recreation Master Plan 2014, Riverfront
Parks&Trails Conceptual Framework,City Cemetery Master Plan,Coal Line Trail Plan,and various
neighborhood plans. The projects have been additionally informed by a substantial amount of
professional consultation, industry benchmarks, and certified research. When complete,the My SB Parks
&Trails investments will fundamentally change the landscape of South Bend to benefit every resident for
many generations to come.
This resolution approves of the issuance of Redevelopment District Bonds in a principal amount not to
exceed$12,200,000 to fund improvements to Pulaski,Leeper, Howard,and Seitz Parks as well as repairs
and improvements to the mixed use Riverfront Trail throughout the River West TIF District. The bonds
would be payable from TIF Revenues from the River West Development Area Allocation Area and also
backed up by a tax levy(to be used only if TIF Revenues were ever insufficient)to secure a better bond
rating and lower interest rates which will result in a lower cost of borrowing. The Redevelopment District
bonds are proposed to be issued in early 2018.
Thank you for your consideration. We will attend the Committee and Council meeting along with
representatives from Barnes&Thornburg&Umbaugh to address any questions.
Cordially,
Aaron Perri James Mueller
Executive Director Executive Director
Venues Parks&Arts Community Investment
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT ly.
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Bill No. 17-72
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING AND AUTHORIZING THE ISSUANCE OF BONDS OF
THE CITY OF SOUTH BEND REDEVELOPMENT DISTRICT AND RELATED
MATTERS
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
governing body of the South Bend Department of Redevelopment and the Redevelopment
District of the City of South Bend, Indiana (the "District"), exists and operates under the
provisions of Indiana Code 36-7-14,as amended from time to time(the"Act"); and
WHEREAS, with the approval of the Common Council (the "Common Council") of the
City of South Bend, Indiana (the "City"), the Commission has previously created, amended and
expanded an economic development area within the City currently designated as the River West
Development Area (the "Area"), designated the Area as an allocation area (the "Allocation
Area") under the Act and adopted an Economic Development Plan (as amended from time to
time,the"Plan"), which sets forth various economic development projects for the Area; and
WHEREAS, the Act authorizes the Commission to approve of the issuance of bonds of
the District, in the name of the City, in anticipation of revenues of the District and to use the
proceeds of such bonds to finance local public improvements located in or serving the Area, all
subject to approval of the Common Council pursuant to Section 25.1 of the Act;and
WHEREAS, the Commission has adopted Resolution No. 3415 at a meeting held on
October 12, 2017, contemplating the issuance of bonds of the District in one (1) or more series
and in an aggregate principal amount not to exceed Twelve Million Two Hundred Thousand
Dollars ($12,200,000) (the "Bonds") for the purpose of financing the cost of certain local public
improvements in or serving the Area, including without limitation (i) renovations and upgrades
at Pulaski, Leeper and Seitz Parks and improvements to the mixed use riverfront trail; (ii) other
infrastructure improvements to park and recreation areas in or serving the Area, all of which will
enhance the cultural attractiveness of the Area and the City; and (iii) any and all improvements
related to any of the improvements described in clauses (i) or (ii) (clauses (i) through and
including (iii), collectively, the "Projects") and to pay related and incidental expenses to be
incurred in connection therewith and on account of the issuance of the Bonds;and
WHEREAS, the Commission has determined that sufficient funds will be available to the
Commission to make the payments of the principal of and interest on the Bonds with such funds
being derived from tax increment revenues collected in the Allocation Area (the "TIF
Revenues"); however, if such funds, including the TIF Revenues, are insufficient for such
purpose,the Commission will levy a special tax upon the taxable property of the District, which
is coterminous with the boundaries of the City, pursuant to Section 27 of the Act (the "Special
Tax"); and
WHEREAS, Section 25.1 of the Act requires the approval of the legislative body of the
City before the Bonds may be issued and the Common Council as the legislative body of the City
now desires to approve of the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend,Indiana, as follows:
SECTION I. The Common Council hereby approves of the issuance of the Bonds, in one
or more series, in an aggregate principal amount not to exceed Twelve Million Two Hundred
Thousand Dollars ($12,200,000), to provide for the Projects and to pay all incidental expenses
incurred in connection therewith,including the costs of issuance of the Bonds.
SECTION II. The interest rate on the Bonds shall not exceed five percent (5.00%) per
annum. A portion of the Bond proceeds may be applied to to fund a reserve fund for the Bonds
if determined to be necessary or appropriate by the Controller of the City with the advice the
Commission's financial advisor. The final maturity date of the Bonds shall not be later than
February 1, 2033. The Bonds may be subject to redemption prior to maturity on terms
determined by the President of the Commission prior to the sale of the Bonds, with the advice of
the Commission's financial advisor, provided that the Bonds may be subject to optional
redemption not earlier than August 1, 2026.
SECTION III. The proper officers of the City are hereby authorized and directed, for
and on behalf of the City, to execute and deliver any contract, agreement, certificate, instrument
or other document and to take any action as such person determines to be necessary or
appropriate to accomplish the purposes of this Resolution, such determination to be conclusively
evidenced by such person's execution of such contract, agreement, certificate, instrument or
other document or such person's taking of such action.
SECTION IV. This Resolution shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor as required by law.
Member of the Common Council
OC 118 2017
PRESENTE p"10999608
NOT. APPROVE 2
�lOPTiD
Bill No. 17-73
CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR
A / Y
PEACE
Filed in Clerk's Office
October 17,2017 OCT 18 2017
Mr.Tim Scott,President
South Bend Common Council KARk�aiAh Fc�V1�Lr.Fs
41h Floor County-City Building Or��°CLERK,SOUTH BEND,(N
South Bend IN 46601
RE: My SB Parks&Trails Parks Bond
Dear President Scott,
Attached is A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING AND AUTHORIZING THE ISSUANCE OF BONDS OF THE CITY OF
SOUTH BEND PARK DISTRICT AND RELATED MATTERS.
The My SB Parks&Trails initiative seeks to leverage over$12 million worth of private funds and grants
to make a transformative impact throughout the city's shared green spaces. The entire portfolio of
projects includes parks improvements to 32 parks and dozens of miles of trails,throughout every
neighborhood in the city,benefiting six focus areas: neighborhood improvement, public safety,social
equity,ecological stewardship,public health,and economic impact. Every defined project has been
established through a substantial amount of resident engagement, including dozens of community forums,
hundreds of hours of stakeholder&neighborhood sessions,and thousands of pieces of written feedback.
These are all documented through City Plan 2025, Parks& Recreation Master Plan 2014, Riverfront
Parks&Trails Conceptual Framework,City Cemetery Master Plan,Coal Line Trail Plan,and various
neighborhood plans. The projects have been additionally informed by a substantial amount of
professional consultation, industry benchmarks,and certified research. When complete,the My SB Parks
&Trails investments will fundamentally change the landscape of South Bend to benefit every resident for
many generations to come.
This Resolution approves of the issuance of Park District Bonds in 1 I series in principal amounts not to
exceed those listed for each series at Exhibit A to the resolution to fund the improvements described with
respect to each series at Exhibit A. The bonds would be payable from a tax levy on the Park District
(which has boundaries coterminous with the City boundaries)which levy will replace the expiring Hall of
Fame debt service levy. The Park District bonds are proposed to be issued before the end of the year.
Thank you for your consideration. We will attend the Committee and Council meeting along with
representatives from Barnes&Thornburg&Umbaugh to address any questions.
Cordially,
Aaron Perri James Mueller
Executive Director Executive Director
Venues Parks&Arts Community Investment
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
Bill No. 17-73
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING AND AUTHORIZING THE ISSUANCE OF BONDS OF
THE CITY OF SOUTH BE PARK DISTRICT AND RELATED MATTERS
WHEREAS,the City of South Bend, Indiana(the"City")has,by Ordinance No. 7108-82
adopted pursuant to Indiana Code 36-10-4 (the "Act"), established the Board of Park
Commissioners of the City (`Board")through its Department of Parks and Recreation which has
jurisdiction over the Park District of the City(the"District");and
WHEREAS, the Board adopted Resolution No. 0006-2017 at a meeting held on
September 25, 2017,preliminarily determining to issue park district bonds, in eleven(11) series,
to finance (i)each of the projects described at Exhibit A hereto and made a part hereof, (ii) other
park improvements throughout the geographic boundaries of the District, and (iii) all projects
related to any of the projects described in clauses (i) or (ii) (clauses (i) through and including
(iii), collectively, the "Projects") which resolution the Board confirmed following a public
hearing with the adoption of Resolution No. 0007-2017 at a meeting held on October 16, 2017;
and
WHEREAS, the Board adopted Resolution No. 0008-2017 at a meeting held on October
16, 2017, determining to issue bonds designated "City of South Bend, Indiana, Park District
Bonds, Series 2017_" (with the series designation to be completed to match the series
designations set forth at Exhibit A hereto(collectively,the"Bonds")in eleven(11) series with an
original aggregate principal amount for each series not to exceed the amount set forth at Exhibit
A hereto for each series (for each series, the "Authorized Amount") for the purpose of providing
for the payment of (i) costs of the each of the Projects, (ii) reimbursement of preliminary
expenses related thereto and all incidental expenses incurred in connection therewith, including
necessary engineering,design, supervisory and related activities(all of which are deemed to be a
part of the Projects),and(iii)the costs of selling and issuing each series of the Bonds;and
WHEREAS, the Bonds are not corporate obligations or indebtedness of the City, but are
an indebtedness of the District as a special taxing district and the Bonds and the interest thereon
are payable solely out of a special tax levied upon the taxable property located in the District
pursuant to the Act;and
WHEREAS, Section 35 of the Act and Indiana Code 6-1.1-17-20.5 require the approval
of the legislative and fiscal body of the City before the Bonds may be issued and the Common
Council, as the legislative and fiscal body of the City, now desires to approve of the issuance of
the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend,Indiana, as follows:
SECTION I. The Common Council hereby approves of the issuance of the Bonds, in
eleven(11) series, in an aggregate principal amount for each series not to exceed the Authorized
Amount set for at Exhibit A hereto to provide for the Projects and to pay all incidental expenses
incurred in connection therewith, including the costs of issuance of the Bonds.
SECTION II. The interest rate on each series of the Bonds shall not exceed five percent
(5.00%) per annum. The final maturity date of each series of the Bonds shall not be later than
January 15, 2033. Each series of the Bonds may be subject to redemption prior to maturity on
terms determined by the President of the Board prior to the sale of the Bonds, with the advice of
the Board's financial advisor,provided that the Bonds may be subject to optional redemption not
earlier than January 15,2026.
SECTION III. The proper officers of the City are hereby authorized and directed, for
and on behalf of the City, to execute and deliver any contract, agreement, certificate, instrument
or other document and to take any action as such person determines to be necessary or
appropriate to accomplish the purposes of this Resolution, such determination to be conclusively
evidenced by such person's execution of such contract, agreement, certificate, instrument or
other document or such person's taking of such action.
SECTION IV. This Resolution shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor as required by law.
Member of the Common Council
OCT 18 2017
p 01 i PRO 2
&T)OF,M
EXHIBIT A
Descriptions Of Projects and Bond Amounts for Each Series
Series A Project—$1,130,000
Expand and repair multiuse trail along the riverfront along Howard Park.
Series B Project—$1,465,000
Add on-street, surface parking, streetscape amenities,and mixed use trail along St. Louis
Boulevard between Jefferson Boulevard and Governor Joe Kernan Park.
Series C Project—$1,075,000
Improve and expand mixed use,riverfront trail from Colfax Avenue to Seitz Park, including new
water access point.
Series D Project—$1,275,000
Improve and expand mixed use,riverfront trail from Howard Park, along Governor Joe Kernan
Park, south to Sample Street.
Series E Project—$825,000
Improve and expand mixed use,riverfront trail from Miami Street to Twyckenham Drive.
Series F Project— $1,150,000
Improve and expand mixed use,riverfront trail from Seitz Park to Howard Park, including new
water access point and improve Seitz Park parking.
Series G Project—$1,540,000
Improve Seitz Park entrance sequence to north and east. Improve and expand mixed use trail
along the East Race.
Series H Project—$1,880,000
Improve Pinhook Park Pavilion for public use. Enhance water quality in the lagoon, introduce
new park landscaping,and provide additional recreational amenities.
Series I Project—$1,780,000
Modernize and bring all park restrooms throughout the city in to ADA compliance. Improve
system-wide lighting, security, and storage constraints.
Series J Project—$930,000
Introduce a multi-use trail to connect Pinhook Park to surrounding neighborhoods and trail
systems.
Series K Project—$1,025,000
Increase geographic levels of park service to the public by introducing new park space and
amenities through partnerships,buildouts, connectivity and acquisitions.
DMS 11000171v1
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Bill No. 79-17
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City of South Bend
Common Council
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It36S 441 County-City Building • 227 W.Jefferson Blvd (574)235-9321
South Bend,Indiana 46601-1830 Fax (574)235-9173
TDD:(574)235-5567
Tim Scott hrtp://wwwsouthbendin.gov
President October 17, 2017
Oliver Davis
Vice-President South Bend Common Council
4th Floor, County-City Building
Gavin Ferlic South Bend, IN 46601
Chairperson,Committee
of the Whole Re: Proposed TaxAbuteme nt Ordinance, amending Chapter 2,
Tim Scott Article 6, Sec.2-84.9
First District
Dear Council Members:
Regina Williams Preston
Second District I am filing today the attached proposed amendment to provisions of the
ordinance providing for advisory review by the Community Investment
Randy Kelly Department.The addition to subsections 2-84.9(c) provides for
Third District additional disclosure of the written report of the Community and
Jo M. Broden Economic Development Committee in the Council's packet of materials
Fourth District and on the City's website.
David Varner The proposed additional language in Sec. 2-84.9(e) addresses the
Fifth District redaction of personal information about the employees of the petitioner
and/or employees of the petitioner's construction contractors or
Oliver Davis subcontractors.
Sixth District
The bill should be scheduled for first reading on October 23, 2017 with
Gavin Ferlic
At Large second and third readings and public hearing on November 13, 2017.
John Voorde Thank you for your consideration.
At Large
Karen White Sincerely Yours,
At Large
Filed in Cierk's Office
Regina Williams-Preston CCI 1 7 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
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Bill No. 79-17
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTIONS 2-84.9(c)AND 2-84.9 (e) OF CHAPTER 2,
ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO
TAX ABATEMENTS
STATEMENT OF PURPOSE AND INTENT
It is the intention of the City of South Bend to provide assurance to the public that
taxpayer subsidies through tax abatements are used to provide real benefits to the community
and that companies receiving taxpayer subsidies via tax abatements are complying with the
terns of the abatement throughout the life of the abatement.
I
NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,as follows:
i
Section I. Chapter 2, Article 6, Sections 2-84.9(c) and(e) are amended to read as follows:
Sec.2-84.9.—Advisory review by Community Investment Department.
(c) Within fifteen(15)days from the receipt of the documents from the Office of the City Clerk,the
Community Investment Department shall prepare a written report setting forth a review of its advisory
findings. The report shall be sent to the Council's Community and Economic Development Committee,to
the City Clerk,and to the petitioner. The report shall be included in the Council's packet of materials and
shall be posted and maintained online on the City of South Bend's website.
(e) The Community Investment Department's report shall also attach to it a copy of the
petition and statement of benefits form and all attachments thereto. The attachments shall
include all documentation in support of benefits points awarded and all documentation in
support of the minimum wage requirement set forth in 2-76.3(3). Any documentation
divulging personal information about any employee of the petitioner, or about any employee
of the petitioner's construction contractors or subcontractors, shall be redacted.
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.
Deputy City Clerk
Approved and signed by me on the day of 2 at
o'clock .m.
Mayor,City of South Bend,Indiana
Filed in Clerk's Office
1st READING OCT 17 017 '
PUBLIC HEAR;NG
3 rd READING
NOT APPROVED KAREE-ViAh i=;l!'VLEH
REFERRED CITY CLERK,SOUTH BEND,IN
PASSED
Bill No. 17-70
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
3q 1 R W. tJ1qS141N o ni S2
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5,of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval;and
WHEREAS, the Common Council must take action within sixty(60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation. pursuant to
applicable state law.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at:
3419 W. WASHINGTON ST. 46619
in order to permit
A COMMUNITY CENTER IN A"SF2" DISTRICT
SECTION II.Following a presentation by the Petitioner, and after proper public hearing,the
Common Council hereby approves the petition of the Area Board of Zoning Appeals,a copy of
which is on file in the Office of the City Clerk.
SECTION III.The Common Council of the City of South Bend, Indiana,hereby finds that:
1. The proposed use will not be injurious to the public health, safety,comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property vaiues therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
i
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City
Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
File! in Clerk's Office
PRESENTEE) OCT 10 2017
NOT APPRO
KAREEM .N FOWLER
�noopT o CITY CLERK.SOEJTH BEN['
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd. Suite 100,South Bend,Indiana 46601
574-235-9554 -(Fax)574-235-5541
buildillg(@.SOLlthbendiii.gov
wvmsoutbendin.gov
SPECIAL EXCEPTION PETITION
ABZA DATE: Wednesday, November 1st , 2017
PETITIONER
Jones Petrie Rafinski 574-232-4388 cchockley @jpr1source.com
Name Phone Email
325 S. Lafayette Boulevard South Bend IN 46601
Address Cit> ST Zip
PROPERTY OWNER(IF DIFFERENT THAN PETITIONER)
South Bend Venues Parks and Arts (574) 299-4765 aperri @southbendin.gov
Name Phone Email
321 E Walter Street South Bend IN 46614
Address C ith ST Zip
PRESENTER(IF DIFFERENT THAN PETITIONER)
Name Phone Finail
Address C'it\ ST Zip
PROPERTY INFORMATION
SF-2 Portage
7.011111!, Tr��nship
3419 W Washington St South Bend IN 46619
Address Cit\ ST Zip
Lots 1 Thru 5 &All Of Lots 1086 1087 1089 &So 46' Lot 1088 Incl All
Adj Vac Streets &Alleys Cont 7 Ac +- Lasalle Park 3rd Proposed
Lot 1088 Ex 46 Ft S End Lasalle Park 2nd Add
Lcual Description
Filed in Clerk's Office
OC 1 112017
KAREE'VIAH FOWLER
CITY CLERK, SO!.'TH HIND.IN
t
IT HTION TO AREA BOARD OF ZONING APPEALS FOR SPECIAL EXCEVI ION
SPECIAL EXCEPTION
Seeking:
Special Exception to allow a Community Center in a "SF2" District. In addition, this project
is seeking a variance approval to allow for a reduction of parking from the approximate 273
parking spaces to a parking count of 116 spaces, which includes both existing and new
parking spaces. Additional parking needs are met through the use of on-street parking.
REASON FOR REQUEST(S)
When the building was originally construction and when a new building addition was
constructed in 1997 the property was zoned Commercial. In 2004 the property was rezoned
as "SF2"which then reclassified the existing building as a non-conforming use.
APPROVALSTANDARDS
1. The approval %viII not be injurious to the public health. safety. morals and general welfare of the
comnumity because:
the project consists of existing building renovations and an addition to better serve the
community by providing additional programming space.
2. The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein because:
the project consists of the renovation and addition to an existing community building.
3. The proposed use will be consistent with the character of the district in which is located and the land
uses authorized therein because:
the project will enhance an already existing community recreation facility
4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan because:
it meets the Public Facility and Community Assets goal to "Provide efficient and
progressive public facilities and services that accommodate future growth and meet the
community's changing needs".
10-10-2017
(CANT SIGNATURE Date
Chris ockley OCT 112017
Nanic
KAREEMAH FOWLER
CITY CLERK,SC)! -f BE�!D IM
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AREA BOARD OF ZONING APPEALS Filed in Clerk's Office
125 S. Lafayette Blvd. Suite 100, South Bend, Indiana 46601
574-235-9554 • (Fax)574-235-5541 OCT 112017
buildinu a suurhl :ndin.L1u\
-*vNvw.soutbendin.gov
KA.RE`iv7A4-1 FOVILER
I CITY C!_ERK,SOUTH PEND,IN
NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public
hearing in the Council Chambers on the 4th Floor of the County-City Building,227 W.Jefferson Blvd.,
South Bend, Indiana on the 1 st day of Novell~!, 2017 at 1:30 p.m. or as soon thereafter as the
matter can be heard.This hearing is for the purpose of considering a petition that was filed by::�. 1.
Jones Petrie Rafinski �� l/�/x /�� �a,.I,-
Seeking:
Special Exception to allow a Community Center in a "SF2" District. In addition, this project
is seeking a variance approval to allow for a reduction of parking from the approximate 273
parking spaces to a parking count of 116 spaces, which includes both existing and new
.-n_-1 re.al:.-_estate-___com_- A -1-1.1._.__1 _I_.__ .____I_ ___ .--_111___...L 1L- ..__ _1 -.- -a__ _1 __I_.._-. 13
Omonly described as:
3419 W Washington St South Bend IN 46619
and is legally described as follows:
Lots 1 Thru 5 &All Of Lots 1086 1087 1089 & So 46' Lot 1088 Incl All
Adj Vac Streets &Alleys Cont 7 Ac+- Lasalle Park 3rd Proposed
Lot 1088 Ex 46 Ft S End Lasalle Park 2nd Add
Dated this/ day of
�ff�
AREA BOARD OF ZONING APPEALS
Caro yn A. He `��
Secretary to the Board
TO THE PETITIONER: It is your responsibiliv, to complete this form correctly and deliver it to the Secretary of the
Board of Zoning Appeals with the other papers at the time of original filing.Once it is signed by the Secretary,then
it is your responsibility to make arrangements to have publication of notice made in a local newspaper having,
-eneral circulation in St.Joseph County. Stich notice must be published one(I)time,being at least ten(10)days
prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the
time of public hearing.
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd. Suite 100, South Bend, Indiana 46601
574-235-9554 • (Fax)574-235-5541
buildinsO usouthbendin.�*ov
www.soutbendin.gov
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on
Wednesday, the 1 St day of Nover13 2017 ,at 1:30 p.m. in the Council Chambers on the 4th Floor
of the County-City Building,227 W.Jefferson Blvd.,South Bend,Indiana.
A petition is on file by:
Jones Petrie Rafinski
Seeking:
Special Exception to allow a Community Center in a "SF2" District. In addition, this project
is seeking a variance approval to allow for a reduction of parking from the approximate 273
parking spaces to a parking count of 116 spaces, which includes both existing and new
parking spaces. Additional parking needs are met through the use of on-street parking.
On property commonly described as:
3419 W Washington St South Bend IN 46619
Said public hearing will be held as authorized by the applicable "Zoning Ordinance and Chapter 138, Acts
of 1957 of the General Assembly of the State of Indiana.
As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes,
for reasons beyond our control, property owners within the immediate area of the subject property will
not receive a copy of this notice. If you know of someone who should have received notice but didn't,
please inform them of this hearing.Any persons desiring to oppose or support this petition will be heard
at the time of the hearing.
AREA BOARD OF ZONING APPEALS
Carolyn A. Henry
Secretary to the Board
Filed in Clerk's Office
OCT 112017
KAREEidAIA FOWLER
CITY CLERK,SOUTH K.YD Its
i
Filed in Clerk's Office
'1rr 2017
CIVIL CITY OF SOUTH BEND WILIAMS J T LASALLE PARK HOMES II INC
K,"rFEIVI H FOWLER
227 W Jefferson Blvd 13th FI 1815 Champlain Dr 102 S Falcon St SOUTH Qi=1`tD,IN
South Bend IN 46601 Niles MI 49120 South Bend IN 46619 —
DAVIS OTIS V&TYRONE&MANSON DEPT OF PUBLIC PARKS BRODIE GAIL A
TIC
102 North Sheridan 301 S St Louis BI 114 Lake Street
South Bend IN 46619 South Bend IN 46617 South Bend IN 46619
MCCLAIN JOHN H AND CHRISTINE MARTINEZ ERIKKA S LLOYD LENORA
110 S Iowa St 2626 Dunham St 121 S Iowa St
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
JENNINGS DEBRAH A GAILDAY ELTON AND MARIE CIVIL CITY OF SOUTH BEND
121 S Kentucky St 114 S. Kentucky St., 227 W Jefferson Blvd 1400
South Bend IN 46619 South Bend IN 46619 South Bend IN 46601
LASALLE PARK HOMES INC DEPT OF PUBLIC PARK BROWN ROSE M.
102 S Falcon St 301 S St Louis Blvd 442 S Jackson Street
South Bend IN 46601 South Bend IN 46617 South Bend IN 46619
NEWMAN CHRISTINA GTSC LLC
3019 S.Michigan Street PO Box 5464
South Bend IN 46614 Fort Wayne IN 46805
LEONARD VICKI BONEY CHRISTOPHER S LLOYD LENORA
122 S Lake Street 118 S Iowa St 121 S Iowa St
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
JENNINGS DEBRAH A MFC SOUTH BEND HOLDINGS II LLC JENNINGS FLORINE
121 S Kentucky St 309 S Logan St 110 S Lake St
South Bend IN 46619 South Bend IN 46615 South Bend IN 46619
I
LLOYD LENORA MCCLAIN JOHN H AND CHRISTINE MI CASA FUNDING GROUP LLC
121 S Iowa St 110 Iowa St. 53393 Peggy Av
South Bend IN 46619 South Bend IN 46619 South Bend IN 46635
CIVIL CITY OF SOUTH BEND LOPEZ ALFREDO AND GRISELDA ARROYO VALENTIN
227 W Jefferson Blvd 1400 105 Lake 106 Lake
South Bend IN 46601 South Bend IN 46619 South Bend IN 46619
Fired in Clerk's Office
OCT 1 1 2017
MCCLAIN JOHN R AND CHRISTINE CIVIL CITY OF SOUTH BEND HARDEN PAULETTE BIBBS �-7riD,IN
110 Iowa St 227 W Jefferson Blvd 14th FL 105 S Kentucky Street
South Bend IN 46619 South Bend IN 46601 South Bend IN 46619
MFC SOUTH BEND HOLDINGS 11 LLC CIVIL CITY OF SOUTH BEND FLEMING YOLANDA A
309 S Logan St 227 W Jefferson Blvd 14th FL 113 S Lake St
South Bend IN 46615 South Bend IN 46601 South Bend IN 46619
CIVIL CITY OF SOUTH BEND CIVIL CITY OF SOUTH BEND BONEY CHRISTOPHER S
227 W Jefferson Blvd 14th FL 227 W Jefferson Blvd 14th FL 118 S Iowa St
South Bend IN 46601 South Bend IN 46601 South Bend IN 46619
LLOYD LENORA GAILDAY ELTON AND MARIE CIVIL CITY OF SOUTH BEND
121 S Iowa St 114 S Kentucky St 227 W Jefferson Blvd 13th FI
South Bend IN 46619 South Bend IN 46619 South Bend IN 46601
SPIRITUAL ISRAEL CHURCH&ITS DAVIS OTIS V&TYRONE&DAVIS BELLA DEV INC
ARMY MANSON TIC
3517 W Washington St 2921 W Sample 109 Lake
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
CIVIL CITY OF SOUTH BEND CALDERA MARIA LASALLE PARK HOMES
227 W Jefferson Blvd 13th FI 26997 Jackson Rd 120 S Falcon
South Bend IN 46601 South Bend IN 46619 South Bend IN 46619
FULTZ ALFRED D CIVIL CITY OF SOUTH BEND CIVIL CITY OF SOUTH BEND
2046 N Meade 227 W Jefferson Blvd 1400 227 W Jefferson Blvd 1400
South Bend IN 46628 South Bend IN 46601 South Bend IN 46601
CIVIL CITY OF SOUTH BEND DE LA CRUZ EUNICE HARDEN PAULETTE BIBBS
227 W Jefferson Blvd 14th FL 3102 W Washington 105 S Kentucky Street
South Bend IN 46601 South Bend IN 46619 South Bend IN 46619
FOWLER SAMMIE AND DELORES J CIVIL CITY OF SOUTH BEND DUKES JOHN AND HELEN
1012 S. Stoneacre Ave 227 W Jefferson Blvd 14th FL 206 N Kenmore
Compton CA 90221 South Bend IN 46601 South Bend IN 46619
VANLIER ELVERNA UND 1/2 INT& OWENS BENITA
GREEN BILLIE UND 112 INT
PO Box 1126 321 S Kenmore St
South Bend IN 46624 South Bend IN 46619
Filed in Clerk's Office
11201
MAYSONET RENITA L STEWART ROSE FOWLER DELORES&EDDIS BUTLER
AND JESSE WALKER JR. LIFE ESI*E
214 N Kenmore St 442 S Jackson St 1150 79th Street ;_;,ID: IN
South Bend IN 46619 South Bend IN 46619 Los Angeles CA 90044
SOUTH BEND PARK DEPT LASALLE PARK HOMES INC CITY OF SOUTH BEND
301 S St Louis Blvd 102 S Falcon St 1200 County City Bldg.
South Bend IN 46617 South Bend IN 46619 South Bend IN 46601
Type: Filing—Fees Filed in Derk's Office
Payor:JONES PETRIE3 FAFINSKI _
License Number: OCT 112017
Address:3419 W WASHINGTON
"EEM,AJI FOWLER
SP EXCEPTION & PARKING VARIANCE FOR SOUT -�r��_ERK:SOUTti BEND:IN
BEND PARKS &VENUES/CHARLES BLACK CENTER
10/10/2017 12:14:51 PM
Filing_Fees $345.00
Check 393999 $345.00
chenry 9365