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Home My WebLink About2-12-18 Agenda Packet1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, February 12, 2018 7:00 P.M. 1.INVOCATION-JUDITH FEAN- VICE PRESIDENT FOR MISSION, SAINT MARY’S COLLEGE 2.PLEDGE TO THE FLAG 3.ROLL CALL 4.REPORT FROM THE SUB-COMMITTEE ON MINUTES 5.SPECIAL BUSINESS BILL NO. 18-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DECLARING THE WEEK OF FEBRUARY 5-9, 2018 AS NATIONAL SCHOOL COUNSELING WEEK IN SOUTH BEND, INDIANA MAYOR’S ANNUAL ADDRESS TO THE COMMON COUNCIL ON FINANCES AND THE GENERAL CONDITION OF THE CITY PURSUANT TO § 2-3.1 OF THE SOUTH BEND MUNICIPAL CODE 11-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10499-17 AND ORDINANCE NO. 10529-17 RELATING TO THE APPROPRIATIONS AND TAX RATES FOR THE YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 TO CORRECT A SCRIVENER’S ERROR 12-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW FUND: PARK BOND DEBT SERVICE FUND (312) 6.REPORTS FROM CITY OFFICES 7.COMMITTEE OF THE WHOLE TIME: ______ 2 BILL NO. 89-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS. 06-18 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: STREET VACATION – WESTERN AVENUE FROM FRANCES STREET EAST 241 FEET +/- TO PARRY STREET, THE FIRST NORTH/SOUTH ALLEY EAST OF FRANCES STREET, BETWEEN WESTERN AVENUE ON THE NORTH TO THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE, SOUTH BEND, INDIANA. 11-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10499-17 AND ORDINANCE NO. 10529-17 RELATING TO THE APPROPRIATIONS AND TAX RATES FOR THE YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 TO CORRECT A SCRIVENER’S ERROR 12-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW FUND: PARK BOND DEBT SERVICE FUND (312) 8. BILLS ON THIRD READING TIME:______ BILL NO. 89-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS. 06-18 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: STREET VACATION – WESTERN AVENUE FROM FRANCES STREET EAST 241 FEET +/- TO PARRY STREET, THE FIRST NORTH/SOUTH ALLEY EAST OF FRANCES STREET, BETWEEN WESTERN AVENUE ON THE NORTH TO THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE, SOUTH BEND, INDIANA. 11-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 3 10499-17 AND ORDINANCE NO. 10529-17 RELATING TO THE APPROPRIATIONS AND TAX RATES FOR THE YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 TO CORRECT A SCRIVENER’S ERROR 12-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW FUND: PARK BOND DEBT SERVICE FUND (312) 9. RESOLUTIONS BILL NO. 18-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, WAIVING NON-COMPLIANCE BY PETITIONERS JAMES A. MASTERS AND NANCY J. MASTERS WITH IND. CODE § 6- 1.1-12.1-5 ET SEQ 10. BILLS ON FIRST READING BILL NO. 07-18 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565’ SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75’, THEN WEST APPROXIMATELY 88’, THEN NORTH APPROXIMATELY 109’ TO A POINT APPROXIMATELY 530’ SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY 08-18 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST AND NORTHEAST CORNERS OF WESTERN AND WILLIAM AND THE SOUTHWEST CORNER OF WAYNE AND WILLIAM COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 09-18 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT THE EAST SIDE OF OLIVE STREET BETWEEN CALVERT STREET AND DELAWARE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 10-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE 4 ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 11. UNFINISHED BUSINESS BILL NO. 18-03 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 915 27TH STREET 18-04 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 2602 MISHAWAKA AVENUE 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, 4th 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. __________________________________________________________________________________________________________________ ____ OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK 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.gov BIANCA L. TIRADO DEPUTY CLERK DIRECTOR OF POLICY JENNIFER M. COFFMAN CHIEF DEPUTY DIRECTOR OF OPERATIONS JOSEPH R. MOLNAR ORDINANCE VIOLATIONS BUREAU CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: FEBRUARY 8, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, FEBRUARY 12, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:55 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1.Bill No. 18-05- Petition for Waiver to late file Tax Abatement Application for 5015 Masthead Court 4:00 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 2.Bill No. 11-18- Amending Ordinance No. 10499-17 & Ordinance No. 10529-17 3.Bill No. 12-18- Ordinance Establishing New Parks Bond Service Fund 4.Update- 2018 Budget Amendment Schedule & City Wage Information Posted in Gateway- Jennifer Hockenhull, Administration & Finance 4:15 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON 1.Bill No. 06-18- Alley Vacation for Western Ave from Frances Street 4:25 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1.Bill No. 89-17- Mixed Use District Zoning Text Amendments 2.Update- Future Request to Rezone City Owned Properties- Chris Dressel, DCI Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1.Discussion of Council Agenda 2.Update and Announcements 3.Adjournment 4:45 P.M. EXECUTIVE SESSION COMMON COUNCIL 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 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Randy Kelly, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Gavin Ferlic, Member Randy Kelly, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Dr. David Varner, Chairperson Gavin Ferlic, Member Tim Scott, Member Karen L. 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 M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 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 and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dr. David Varner, Member Gavin Ferlic, Vice-Chairperson Randy Kelly, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Randy Kelly, Chairperson Oliver J. Davis, Member Dr. David Varner, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and 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 and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Randy Kelly, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. 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 J. 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 J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. 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 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.01-3-18) 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 M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member Council Rules Committee, Chairperson Sub-Committee on Minutes, Member PARC Committee, Vice-Chairperson OLIVER J. DAVIS, 6TH District Council Member Vice President 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 Council Rules 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. 18-06 RESOLUTION NO. 4672-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DECLARING THE WEEK OF FEBRUARY 5-9, 2018 AS NATIONAL SCHOOL COUNSELING WEEK IN SOUTH BEND, INDIANA Whereas, the National School Counseling Week sponsored by the American School Counselor Association (ASCA) is celebrated from February 5–9, 2018, with this year’s theme “School Counseling: Helping Students Realize Their Potential” to focus public attention on the unique contribution of school counselors within U.S. school systems; and Whereas, the National School Counseling Week highlights the tremendous impact school counselors can have in helping students achieve school success and plan for a career. School counselors are employed in public and private schools to help students reach their full potential; and Whereas, school counselors are actively committed to helping students explore their abilities, strengths, interests, and talents as these traits relate to career awareness and development. School counselors help parents focus on ways to further the educational, personal and social growth of their children; and Whereas, school counselors work with teachers and other educators to help students explore their potential and set realistic goals for themselves. School counselors seek to identify and utilize community resources that can enhance and complement comprehensive school counseling programs and help students become productive members of society. Comprehensive developmental school counseling programs are considered an integral part of the educational process that enables all students to achieve success in school. Now, therefore, be it Proclaimed by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the South Bend Common Council publicly thanks and commends all of the school counselors employed in our public and private school systems for positively engaging with our youth, their parents, and fellow educators in helping further and enhance the educational, personal and social growth of students and youth across our great nation. Section II. The South Bend Common Council hereby declares the week of February 5–9, 2018 as National School Counseling Week in South Bend, Indiana, and sincerely thanks all school counselors for their many contributions aimed at the betterment of our youth, and especially thanks all school counselors working in the City of South Bend, Indiana, for their dedication and service. Signed this 12th day of February in the year 2018 in the City of South Bend, the County of St. Joseph, in the State of Indiana. __________________________________ __________________________________ Tim Scott, 1st District Council Member Oliver J. Davis, 6th District Council Member __________________________________ _____________________________________ Regina Williams Preston., 2nd District John Voorde, At Large Council Member BILL NO. 18-06 __________________________________ _____________________________________ Randy Kelly, 3rd District Council Member Gavin Ferlic, At Large Council Member __________________________________ _____________________________________ Jo Broden, 4th District Council Member Karen L. White, At Large Council Member __________________________________ _____________________________________ Dr. David Varner, 5th District Robert J. Palmer, Council Attorney Attest: Approved this 12th day of February, 2018. ________________________ ______________________________________ Kareemah N. Fowler, City Clerk Pete Buttigieg, Mayor of South Bend, Indiana BILL NO. 11-18 BILL NO. 12-18 Filed in Clerk's Office City of South Bend R DEC 0 5 2011 KAREEMAH FOWLERCommonCouncil CITY CLER SOUTH BEND,IN 441 County-City Building • 227 W.Jefferson Blvd South Bend,Indiana 46601-1830 Fax (574) 235-9173 TDD: (574)235- 5567 Tim Scott http://www.southbendin.gov President Oliver Davis Vice-President November 30, 2017 Gavin Ferlic Chairperson,Committee South Bend Common Council of the Whole 4 Floor, County-City Building South Bend, IN 46601 Tim Scott First District Re: Proposed Mixed Use District Zoning Text Amendments Regina Williams Preston Dear Council Members: Second District I am filing the attached proposed ordinance with the Office of the City Clerk. Randy Kelly The ordinance proposes text amendments to the Zoning Chapter 21 of the South Third District Bend Municipal Code to revise permitted uses and development standards for the MU Mixed Use District. These changes will better support reinvestment in our Jo M. Broden mixed-use neighborhood centers and traditional pedestrian-oriented design. Fourth District These zoning concepts were discussed at the Zoning&Annexation Committee David Varner meetings held on August 28, September 25,November 13, and November 27. Fifth District For procedural purposes, which is required by our Municipal Code and Indiana Code § 36-7-4-607,these proposed zoning text amendments are being initiated Oliver Davis by the Common Council. Sixth District The proposed ordinances would have first reading by the Common Council on Gavin Ferlic December 11. Thank you for your consideration. At Large John Voorde Sincerely, At Large Karen White y At Large o M. Broden John Voorde South Bend Common Council South Bend Common Council Council Member, 4th District Council Member At Large Attachment cc: Larry Magliozzi, Executive Director,Area Plan Commission Angela Smith, Deputy Director, Area Plan Commission Michael Divita, Planner, South Bend Community Investment BILL NO. 89-17 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Experience in using the Ordinance's provisions for the MU Mixed Use District has shown that development in this district frequently requires the use of variances even to complete projects consistent with the neighborhood context. This ordinance revises uses and development standards to better support the development of mixed-use urban neighborhood centers and traditional pedestrian-oriented design. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/ Mixed Use Districts, Section 21-03.02 MU Mixed Use District, is hereby deleted and replaced with a new Section 21-03.02 as follows: Section 21-03.02 MU Mixed Use District. Intent- The MU Mixed Use District is established to promote the development of a dense urban neighborhood center environment. The regulations are intended to encourage all the elements of a traditional neighborhood center, including: storefront retail; professional offices; and dwelling units located either in townhouse developments or in the upper stories or rear 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. a) Permitted Uses. 1) Primary Uses. A) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Cottage School; Public Library; School— Commercial, Trade or Business. C) Food Sales and Service: Including but not limited to: Bakery—Retail; Cabaret—Family; Convenience Store; Dairy Bar—Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store—Retail; Manufacturing Retailers;Restaurant—Fast Food(without drive-in or drive-through); Restaurant—Family;Restaurant—Family, with Lounge; Yogurt Store—Retail. D) Governmental Use: Including but not limited to: Governmental Offices; Post Office—without outside parking of delivery vehicles. E) Miscellaneous: Including but not limited to: Bed&Breakfast; Bus Station; Clinic (medical, dental or optometrists); Cottage Business/ Residential;Electrical/Electronics Repair. F) Office/Professional Services: Including but not limited to: Architect; Artist; Bank Machines - Walk-up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop. H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary;Neighborhood Recycling Collection Point; Public or Private Park—Active or Passive; Religious Use. (Ord. No. 9653-06) 1) Recreation: Including but not limited to: Aerobics Studio; Banquet Hall; Dance Studio; Fraternal Organization; Gymnastics Studio; Lodge; Private Club; Social Club; Theater—Indoor. (Ord. No. 9760-07) J) Residential: Including but not limited to: Dwelling Unit—upper level; Dwelling Unit—first floor with business;Multifamily Dwelling; Two Family Dwelling(see Section 21-03.02 (b) (13)for applicable development standards). K) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Music Store;Newsdealer; Shoe Store; Stationery and Book Store; Video Store. Controlled Use. See Section 21-08.02—Special Regulations for Controlled Uses for additional requirements. 2) Special Exception Uses. A) Food Sales and Service: Including but not limited to: Bar *; Cabaret— 21 and Over *;Nightclub *; Restaurant—Drive 1n; Restaurant—Drive Through; Tavern *. B) Government Use: Including but not limited to: Fire Station; Municipal State Road Maintenance Facility; Police Station; Post Office—with outside parking of delivery vehicles. C) Miscellaneous: Including but not limited to: Artificial Lake; Conference Center; Motel. D) Public Facilities: Including but not limited to: Cemetery—with or without Crematory, Funeral Home, Mausoleum or Mortuary;Parking Garage; Parking Lot—Commercial. (Ord. No. 9653-06) E) Recreation: Including but not limited to: Amusement Arcade *; Billiard Hall *; Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. (Ord. No. 9760-07) F) Residential: Including but not limited to: Group Residences; One (1) Single Family Dwelling. (Ord. No. 10451-16) G) Retail: Including but not limited to: Liquor Store; Tobacco Store. H) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers. Controlled Use. See Section 21-08.02—Special Regulations for Controlled Uses for additional requirements. 3) Accessory Uses—See Section 21-03.11 (a)—Accessory Uses, Buildings and Structures. 4) Temporary Uses—See Section 21-03.11 (b)—Temporary Uses, Building Structures. 5) Home Occupations—See Section 21-03.11 (c)—Home Occupations. b) Development Standards. 1) Minimum Lot Width and Frontage - each lot shall have a minimum lot width and frontage on a public street of 25 feet. 2) Yards and Building Setbacks. A) Front- a front yard and building setback measured from the greater of the proposed right-of-way or existing right-of-way shall be provided as follows: Minimum Maximum Limited Access Highway: 50' NA All other Streets: 5' 12' Provided, however, on all streets except limited access highways, building placement shall be in compliance with the following regulations: i.For sites containing one building—in elevation view from the street frontage, at least fifty(50)percent of the length of the fagade of the building facing a street shall be located at or between the minimum setback and the maximum setback; ii. For sites containing multiple buildings—in elevation view from the street frontage, at least fifty(50)percent of the visible fagades of the buildings facing a street shall be located at or between the minimum setback and the maximum setback; and, iii. Parking areas and interior access drives shall not be located in front of a line five (5) feet behind the front building line. If the lot does not have a building,parking areas and interior access drives shall have a minimum front setback of twelve (12) feet. If a parking area or interior access drive is located less than seventeen (17) feet from the front lot line, it shall be screened by a compact row of shrubs/hedge plants planted three feet on- center(3' o.c.) immediately behind the front building line. Shrubs shall be at least twenty-four inches (24") at time of planting and shall be maintained at a maximum height of thirty- six inches (36"). B) Minimum Side Yard and Setback—The minimum side yard and setback shall be as follows: i.Minimum Side Yard—zero (0) feet,provided,however, if a side yard is provided along a side lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Side Residential Bufferyard—five (5)feet. C) Minimum Rear Yard and Setback—The minimum rear yard and setback shall be as follows: i.Minimum Rear Yard—five (5) feet. ii. Minimum Rear Residential Bufferyard—fifteen(15) feet when not separated from a residential use by a public alley. If separated from a residential use by a public alley, no rear residential bufferyard is required,but the minimum rear yard requirement shall apply. 3) Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01 —Landscape Regulations of this Ordinance and shall remain free from structures except where expressly permitted below: A) Minimum Front Yards— i.along limited access highways—may include: parking areas, loading areas, interior access drives, or interior access driveways,provided that no portion of such area may be located closer to the right-of-way than fifteen(15) feet; or signs as regulated by Section 21-07.03 —Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures. ii. along all other streets—may include: driveways or signs as regulated by Section 21-07.03 —Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures. B) Minimum Side and Rear Yards—may include driveways, interior access driveways,parking areas, loading areas, walkways or other pedestrian way connections to adjoining lots,provided that the remainder of said yards shall be maintained as open space free from buildings or structures. C) Minimum Side and Rear Residential Bufferyards—may include driveway connections to adjoining lots, or walkways or other pedestrian way connections to adjoining lots,provided that the remainder of said yards shall otherwise be maintained as open space free from buildings or structures. 4) Building Height. A) Minimum Front Fagade Height— in the elevation view from the street frontage, eighteen(18) feet. B) Maximum Building Height—Forty(40) feet; not to exceed three (3) stories. 5) Landscaping— See Section 21-07.01 —Landscape Regulations. 6) Lighting—See Section 21-07.02—Lighting Regulations. 7) Signs—See Section 21-07.03 —Sign 8) Parking—See Section 21-07.04—Off-Street Parking Regulations. 9) Loading—See Section 21-07.05 —Off-Street Loading Regulations. 10) Greenway Connection Required—If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. 11) Outdoor Operations—All uses and operations (except off-street parking, off-street loading and delivery and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: A) Outdoor seating for restaurants,provided that such outdoor seating: i.shall not be located in any street right-of-way except as permitted by the Board of Public Works; and, ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards. B) Outdoor display or sales of merchandise: i.shall not be located in any street right-of-way except as permitted by the Board of Public Works; ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards; iii. shall not exceed ten percent(10%) of the gross floor area of each non-related and separately operated use; iv. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; and, V.shall be merchandise normally found within the on-premise business. (Ord.No. 9653-06) C) Walk-up customer service windows or Automated Teller Machines ATM's),provided that such facilities are not free-standing and are set flush with the fagade of the building. D) Vending machines,provided that vending machines: i.shall abut the exterior wall of the building; and, ii. shall not be located in a required yard or required residential bufferyard. 12) Building Design and Orientation. A) Orientation. i.Primary fagades shall be oriented to the front lot line. When on a corner lot,the primary fagade shall be oriented to the primary street and the design of the primary fagade shall extend a minimum of ten(10) feet along the secondary street. ii. The primary building entrance shall be located on the front fagade. B) Articulation and Activation. i.Front fagades at least one hundred twenty (120) feet in length should be designed to look like more than one building. For buildings that are one hundred twenty (120) feet or longer, no section of the front fagade longer than sixty (60) feet may look like one building. ii. For commercial and mixed-use buildings,the minimum front fagade surface that shall be glazed (window and door surface area) is as follows: a.Ground floor front fagade surface along a primary street seventy(70)percent; b. Ground floor front fagade surface along a secondary street—twelve and one-half(12.5)percent; C.Upper floor front fagade surface—twelve and one-half 12.5)percent. The ground floor front fagade glazing is calculated based on the total fagade area between two (2) and eight(8) feet above grade. The upper floor front fagade surface area is calculated based on the total surface area located between the elevation of any floor to the elevation of the floor above it or the elevation of the roof. Windows and doors shall have clear (untinted) glass and shall be open to the interior(not faux). iii. A walkway shall connect from the sidewalk to the primary entrance. C) Building Materials. i.Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. ii. Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations,major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section(iii), below, for new construction, however,the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section(i), above, for additions to existing buildings. iii. New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each front fagade: a.All brick or stone (limestone, granite, etc.), excluding window, display window, door, roofing, fascia and soffit materials,provided that the brick or stone used on each applicable fagade shall include at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: 1.Primary Building Material: The primary building material shall be either: brick; stone limestone, granite, etc.); synethetic equivalents of brick or stone; architectural pre-cast concrete, if the surface looks like brick or stone; traditional stucco; or fiber cement, and shall constitute a minimum of sixty-six (66)percent of each applicable fagade excluding glazed surfaces. Exterior insulation and finish system(E.I.F.S.) or equivalent; vinyl; or standard, fluted, or split face concrete masonry units (CMUs) are prohibited as a primary building material. 2.Secondary Building Material: The secondary building material shall constitute a minimum of ten(10)percent of the fagade excluding glazed surfaces. Glass curtain wall may qualify as a secondary building material. 3. Architectural Features: In addition,the exterior building material selection shall be supplemented with the use of multiple colors or architectural elements (e.g., quoins,pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each front fagade. iv. Building materials used on the front faVade shall extend a minimum depth of sixteen(16) inches along the side favade as measured from the face of the front fagade. D) Mechanical Equipment—HVAC equipment shall not be placed in the front yard or on the front faVade. 13) Development Standards for Two Family Dwellings. Notwithstanding anything in this MU District to the contrary, a two family dwelling shall be subject to the applicable development standards of the SF2 District. SECTION II. 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 2 at o'clock M. 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 ED 0 5 2011 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN LAWRENCE P. MAGLIOZZI 1?YFC11"r ICE WRFC I'(I R Angela M. Smith AREA PLAN COMMISSION OF ST, JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 ('OIINTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574)23S-9571 Wednesday, January 17, 2018 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: An ordinance of the Common Council of the City of South Bend,Indiana, amending Chapter 21 of the South Bend Municipal Code,Article 3 Commercial/Mixed Use Districts to revise Permitted Uses and Development Standards-APC#2855-17. Dear Council Members: I hereby Certify that the above referenced ordinance of The Honorable Common Council was legally advertised on January 4, 2018 and that the Area Plan Commission at its public hearing on January 16, 2018 took the following action: Upon a motion by Robert Hawley, being seconded by John Leszczynski and unanimously carried,a proposed ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code,Article 3 Commercial/Mixed Use Districts to revise Permitted Uses and Development Standards, is sent to the Common Council with a FAVORABLE recommendation. Updating the MU Mixed Use District to better reflect the intent and application of the pedestrian-oriented district within the urban context will simplify development and strengthen the mixed-use neighborhood centers. 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. Sincerel , Lawrence P. Magliozzi Attachment SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S)C IN DI AN A.CO H1306/ate.-PI1A LAWRENCE P. MAGLIOZZI I-\LC U TI% F. 1)112 LC TO R Angela M. Smith Depu t D I r e ror AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +6601 (57+) 235-9571 January 16, 2018 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill#89-17 Rezoning: APC 42855-17 Dear Council Members: The Area Plan Commission held a public hearing on January 16, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, January 22, 2018. Ordinance& Petition Amendments: The following changes were made to the Ordinance: Hotel was added as a permitted use (consistent with historical interpretations) Replace"Lot Frontage" requirements with"Project Frontage" Minimum front setback was reduced to 0' Removed additional development standards for Two-family dwellings Public Hearing Summary: There was no one present to speak in favor or opposition to the petition. If you have any further questions,please feel free to contact me at(574) 235-9571. Sincerely, 1- Y,ta6 Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E PH C 0 U N T Y I N D I ANA.C 0 M/A R E A P L A N Staff Report 1/5/2018 APC # 2855-17 Owner: The Honorable Common Council Location: TEXT AMENDMENT Jurisdiction: City of South Bend Public Hearing Date: 1/16/2018 Requested Action: The petitioner is requesting a text amendment to repeal and replace Section 21-03.02 MU Mixed Use District. Staff Comments: Since its adoption in 2004, experience has shown that development in the MU Mixed Use district frequently requires the use of variances and special exception use approvals,even to complete projects consistent with the neighborhood context. This ordinance revises uses and development standards to better support the development of the mixed-use urban neighborhood centers and traditional pedestrian-oriented design. Because the changes involve so many subsections within the chapter,the staff suggesting a replacement chapter. Some of the changes include allowing private clubs and lodges as permitted uses, changing to a minimum project frontage instead of lot frontage in order to allow for integrated developments,reducing setbacks,eliminating plaza requirements, decreasing the minimum height, and updating the architectural standards to better reflect the desired urban design appropriate for the district. Recommendation: Based on information available prior to the public hearing,the staff recommends sending this petition to the Common Council with a favorable recommendation. Analysis: Updating the MU Mixed Use District to better reflect the intent and application of the pedestrian-oriented district within the urban context will simplify development and strengthen the mixed-use neighborhood centers. APC# 2855-17 Page 1 of 1 I Uanch, "arnerrr cV Associates, lnc;. Land Surveyors M Professional Engineers Landscape Architects M Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009 1643 Commerce Drive South Bend, IN 46628 Honorable Members of the City of September 12,2017 South Bend Common Council 4t'Floor County-City Building South Bend, Indiana 46601 RE: Street Vacation — Western Avenue from Frances Street east 241 feet +/- to Parry Street, the First North/South Alley east of Frances Street,between Western Avenue on the North to the First East/West Alley south of Western Avenue, South Bend, Indian 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—Western Avenue from Frances Street east 241 feet to Parry Street, the First North/South Alley east of Frances Street, between Western Avenue on the North to the First East/West Alley south of Western 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. Danch President Danch, Harper&Associates Filed in Clerk's Office File No. 170209 JAN 16 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN BILL NO. 06-18 4s010T11 d 1316 COUNTY-CITY BUILDING v b PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W rEncE FAX 574/235-9171 SOUTH BEND.INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS December 21, 2017 Michael Danch Danch, Hamer&Associates,Inc. 1643 Commerce Drive South Bend,IN 46628 RE: Alley/Street Vacation—Western Avenue from Frances Street running East 175 feet,More or Less and First North/South Alley East of Frances Street,between Western Avenue on the North and running South of 198 feet,More or Less,to the First East/West Alley South of Western Avenue(Preliminary Review) Dear Mr. Danch: The Board of Public Works, at its December 21, 2017, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, and the Solid Waste Division. Per Indiana Code 36-7-3-13 criteria, all departments gave favorable recommendations regarding the vacation of this street/alley. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley/street. Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your alley/street vacation packet. in rely, L nda M. Martin,C1 k c:Federico Rodriguez,Fire Department Donna Hanson,Engineering Bianca Tirado, City Clerk's Office Filed in Clerk's Office ANN i6 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU BILL NO. 06-18 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: Street Vacation — Western Avenue from Frances Street east 241 feet+/-to Parry Street, the First North/South Alley east of Frances Street, between Western Avenue on the North to the First East/West Alley south of Western 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 1. 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—Western Avenue from Frances Street running east 241 feet more or less to Parry Street. 2). Alley Vacation—The First North/South Alley east of Frances Street, between Western Avenue on the North and running south 198 feet more or less to the First East/West Alley south of Western Avenue. hereby determines that it is desirable to vacate said properties. SECTION 11. 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. SECTION III. The following property Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-6006-0166 18-6006-0166.03 18-6006-0166.02 18-6008-0183 18-6006-0163 18-6008-0189 18-6006-0162 18-6006-0161 18-6006-0160 18-6006-0158 18-6006-0156 18-6008-0190 18-6006-0154 18-6006-0164.03 18-6006-0164.02 18-6006-0149 18-6006-0150 18-6013-0297 18-6006-0151 18-6006-0153 18-6006-0164.01 18-6013-0285 18-6013-0286 18-6013-0288 18-6013-0287.01 18-6013-0292 18-6013-0294 18-6013-0297 18-6013-0296 18-6013-0283 18-6013-0295 18-6013-0290 18-6013-0289 18-6008-0184 18-6008-0188 18-6013-0280 18-6013-0281 18-6013-0282 2 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. Tim Scott, Council President Member of the Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at_o'clock m. I Pete Buttigieg, Mayor City of South Bend, Indiana 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—Western Avenue from Frances Street running east 241 feet more or less to Parry Street. 2). Alley Vacation—The First North/South Alley east of Frances Street,between Western Avenue on the North and running south 198 feet more or less to the First East/West Alley south of Western Avenue. Tax Key Numbers owned by the Petitioners: 18-6006-0164.02 18-6008-0184 18-6008-0188 18-6008-0189 18-6008-0190 18-6013-0289 18-6013-0290 18-6013-0295 18-6013-0281 18-6013-0282 18-6013-0280 18-6006-0156 NAME(signed&printed) &ADDRESS or-If e Robe enry Corporation or enry-W' liams, Inc. 404 South Fr ces Street 404 South Frances Street South Bend In iana 46624 South Bend, Indiana 46624 S-T-jWe -7 11, jfi L i_ fie-l l Office of the City Clerk CONTACT PERSON NAME: Kareemah Fowler, City Clerk Michael J. Danch Room 455-County-City Building Danch, Hamer&Associates, Inc. South Bend, IN 46601 1643 Commerce Drive 574-235-9221 South Bend, Indiana 46628 e-mail: mdanch @danchhamer.com Filed in Clerk's Office JAN 16 2018 KAREEMAH FOWLER CITY CLERK.,SOUTH BEND.IN 018-606 016501K 018 b006 135 01 60060131 018-6108 3858 x,01 i, 018-006-i 1t 5 018-6006-013 018,6006101.46M0186006016502018-6006=0139018 6006 0145 018'6108-'-3 1""018-6006-01481.018=60060138, 018=610838 018 1 61 013-6006- 03 018-6006-0166'C 9 018-E 006 0163 a„ 0lo-6)Ot1-0158 6006-01,0 l;l;, X006- 11!56 p C164 R' Oy 53 x_48,61 -397 018-6006-016602' 1 r+ 018-C11-1-1977-3 018-6111; 0 1 87,60 610164)1-n - r E b 1- Li 4L -6013-0 2c._ `< r t = Ci?t c, _lf t 186013_028 r/1 ' 0 8013-0287)1, In 186_C!1028) M8 T E 18-6013-0250 N 3-0292`x-"1,. t 60 29S C18T%b 029 f k C18 60130297 O1S 6008"0191. C 18-6013 0299 A 018-63x01 018'60,1 001: Oj. 018r6013r0300 lZ6:0 401siq,° • 018-6013-0302 0186013-030 t 018-6013 E d in t!18 r 12=t'270 018-6601'13-0308 8 6090 019801 fkN i .•-. ri 01818-6 012 018 6013' 310 o± 018 6013 311 KAREEM Ytlt MY CI ERK o, w=Nae,. City of South Bend Dept. of Public Works Alley Vacation 150' Radius 227 W Jefferson Blvd.#1316 South Bend, IN 46601 Robert Henry Corporation Phone: (574) 235-9251 The alley to be vacated is the NS alley 14' in width, 0 150' Buffer running -198' from the S RoW of Western St., E of S. Address List attached Francis and W of S. Eddy St., And Western Ave. running Date Prepared: 12/29/2017 DCH E -183' from E RoW of S. Francis St. -20' in width. SpUTH k d , w yPEACE x x 1865 CITY OF SOUTH BEND COMMUNITY INVESTMENT February 8, 2018 South Bend Common Council 4th Floor City-County Building c/o Kareemah Fowler, City Clerk Esteemed Council Members, It is customary for the Department of Community Investment, Economic Resources Team, to provide recommendations and/or guidance to Council for Tax Abatements. A Petition for Wavier of Non-Compliance for James and Nancy Masters of 5015 Masthead Court in South Bend was recently received at DCI. This Residential Tax Abatement was granted in November, 2013. No current members of the DCI Economic Resources Staff were present on staff in November 2013, making it difficult for our team to provide a meaningful recommendation for or against the request. Note that, while Real and Personal Property Tax Abatements for Businesses have meaningful parameters such as job creation and investment that we can confirm compliance with to make meaningful recommendations, Residential Tax Abatements do not provide these data points for our consideration. DCI therefore sends this Petition for Waiver of Non-Compliance to Council with No recommendation. Respectfully, I Daniel J. Buckenmeyer Director of Business Development and Economic Resources Department of Community Investment—City of South Bend EXCELLENCE ACCOUNTABILITY 1 INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Bvld."South Bend,Indiana 46601 p574.235.9371 www.southbendin.gov BILL NO. 18-05 James A. Masters and Nancy J. Masters 5015 Masthead Court South Bend, Indiana 46628 Telephone: 574/291-9941 February 7,2018 Filed in Clerk's Office HAND DELIVERED FEB 07 2018 South Bend Common Council KART= AH-P=O—WEER 4`'Floor County-City Building riTY CLERK,SOUTH BEND,IN 227 West Jefferson Boulevard South Bend,IN 46601 RE: Petition for Waiver to late-file Tax Abatement Application for 5015 Masthead Court, South Bend, IN 46601 Dear Members of the Common Council: This letter submits for your approval our Petition for a waiver of non-compliance to allow the late- filing of our application for tax abatement for our real estate at 5015 Masthead Court, South Bend, Indiana after the filing deadline for Tax Year 2017,pay 2018. The Common Council has the legal authority to waive the failure to file a timely tax abatement deduction application pursuant to Ind. Code 6-1.1-12.1-11.3. We built a new home in The Villas at Lake Blackthorn in January,2017. One of the attractions for building a new home within the city limits was the five(5)year tax abatement available for the subdivision. Our application for the first year of the tax abatement, for Tax Year 2017, pay 2018,was filed in November, 2017. The County Auditor rejected the application for being filed late, more than thirty (30)days after the Form 11 notice of reassessment. The problem is that the Form 11 Notice sent by the County Assessor does not comply with state law. According to Ind. Code § 6-1.1-12.1-5(h)(2017), a county assessor is required to provide notice of the deadline to file a Form 322 tax abatement application with the Form 11 re-assessments notice to the property owner. The deadline to file a tax abatement application is thirty days from the date of the assessor's notice. The Form 11 re-assessment notice we received from the St. Joseph County Assessor for Tax Year 2017 pay in 2018 does not state any deadline to file a Form 322 tax abatement application. According to state law, all other deductions are to be completed and signed by December 31 of the year for the deduction. We filed our Form 322 tax abatement application in November, 2017, well before that deadline and before the tax bills have been issued. Had we been given proper notice that the application was due earlier,we would have submitted it earlier within the dealine. James A. Masters and Nancy J. Masters South Bend Common Council February 7, 2018 Page Two In view of the lack of proper legal notice,we request that the Common Council grant our Petition to allow our Form 322 tax abatement application to be deemed timely-filed for Tax Year 2017,pay 2018, in accordance with your statutory authority. Thank you for your consideration of this matter. Very truly yours, James . Masters JAM:st Filed in Clerk's Office RESOLUTION NO. FEB 07 2018 A RESOLUTION OF THE COMMON COUNCI L KAR --- FOWLER OF THE CITY OF SOUTH BEND,INDIANA, CITY CLERK,SOUTH REND,IN WAIVING NON-COMPLIANCE BY PETITIONE JAMES A. MASTERS AND NANCY J. MASTERS WITH IND. CODE § 6-1.1-12.1-5 ET So WHEREAS, Petitioners James A. Masters and Nancy J. Masters ("Petitioners") are the owners of real property located in The Villas at Lake Blackthorn at 5015 Masthead Court, South Bend, Indiana on which they constructed a new residential dwelling, and WHEREAS, in conjunction with the development of The Villas at Lake Blackthorn, the South Bend Common Council granted a five year tax abatement on new residential dwellings which is in effect and was approved by Resolution 4295-13 adopted on November 14, 2013, and WHEREAS, the Petitioners have brought to the attention of the Common Council that Petitioners failed to timely file an abatement deduction application with the St. Joseph County Auditor for Tax Year 2017,pay 2018 and,as a result,Petitioners may lose the benefit of the five year tax abatement beginning with Tax Year 2017, pay 2018, unless the Common Council grants a waiver, and WHEREAS,pursuant to Ind. Code § 6-1.1-12.1-11.3 (2017),the Common Council has the authority to waive the Petitioners' failure to file a timely tax abatement deduction application with the County Auditor, and WHEREAS, the Common Council accepts the Petitioners' failure to timely file their tax abatement deduction application as an excusable mistake which resulted through inadvertence, and acknowledges that Petitioners filed a tax abatement application before the end of the tax year and before the tax bill was issued, and WHEREAS,pursuant to Ind.Code§6-1.1-12.1-11.3(c),the Common Council has heard and considered the Petitioners' request for a waiver of non-compliance at a duly-called and public meeting of the Council, NOW,THEREFORE,IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION 1. Acting pursuant to the authority granted to it by Ind. Code § 6-1.1-12.1-11.3, the South Bend Common Council hereby waives the failure to comply with the deadlines of the Indiana tax abatement laws by Petitioners James A. Masters and Nancy J. Masters and,specifically, waives Petitioners' failure to file a timely or complete tax abatement deduction application with the County Auditor for Tax Year 2017, pay 2018. SECTION 2. The South Bend Common Council hereby affirms that the five year tax abatement granted for the real estate owned by Petitioners James A. Masters and Nancy J. Masters at 5015 Masthead Court, South Bend, Indiana pursuant to Resolution 4295-13 is in effect for five years commencing with Tax Year 2017, pay 2018. SECTION 3. This Resolution shall be in full force and effect from and after its passage and approval, as required by law. Member, South Bend Common Council 0 STATE OF INDIANA BEFORE THE SOUTH BEND COMMON COUNCIL ST. JOSEPH COUNTY ) JAMES A. MASTERS and NANCY J. MASTERS, Filed in Clerk's Office Petitioners. FEB 0 7 2018 Subject Real Estate:KAREEMAH FOWLER 5015 Masthead Court, CITY CLERK,SOUTH REND,IN South Bend, Indiana 46601, Parcel or identification number: 71-03-18-401-001.000-009/ 025-1010-017664. VERIFIED PETITION FOR WAIVER OF NON-COMPLIANCE The petitioners,James A. Masters and Nancy J. Masters,bring this petition pursuant to Ind.Code§ 6-1.1-12.1-11.3 to respectfully request the Common Council of the City of South Bend, Indiana to grant a waiver of non-compliance to allow the late-filing of an application for tax abatement for the real estate at 5015 Masthead Court, South Bend, Indiana after the initial filing i deadline. As used in this Petition,"we" and "our"refers to the Petitioners James A. Masters and Nancy J. Masters. In support of this petition we,the Petitioners, state: Statement of Purpose and Intent 1. We purchased real estate commonly described as 5015 Masthead Court, South Bend Indiana in June, 2014. The lot is located in The Villas at Lake Blackthorn. 2. In conjunction with the development of property in The Villas at Lake Blackthorn,the developer was granted a five year tax abatement on lots on which a dwelling is completed prior to November 14,2018. The abatement was approved as Resolution 4295-13 on November 14,2013. 1 I A true copy of Resolution 4295-13 is attached to this petition as Exhibit 1. 3. The tax abatement was a factor in our deciding to purchase real estate and build a new home in the City of South Bend. We constructed a new residential dwelling on the lot that was completed in January, 2017. 4. The St. Joseph County Assessor issued a Notice of Reassessment of our property dated July 21, 2017 (Form 11). A true copy of the Form 11 is attached to this petition as Exhibit 2. 5. We filed a tax abatement application(Form 322)for the property on or about November 14, 2017 for Tax Year 2017,pay 2018. True copies of our abatement application and letter to the Auditor are attached to this petition, collectively, as Exhibit 3. 6. The St.Joseph County Auditor rejected our tax abatement application for Tax Year 2017, pay 2018 because it was not filed within thirty(30)days of the date of the Form 11. A true copy of the Auditor's rejection letter is attached to this petition as Exhibit 4. 7. The Form 322 was filed late as the result of excusable and innocent neglect. 8. Ind.Code§6-1.1-4-22 requires the St.Joseph County Assessor to send St.Joseph County property-owners a notice of re-assessment each year. According to Ind. Code § 6-1.1-12.1-5(h), a county assessor is required to provide notice of the deadline to file a Form 322 for a tax abatement with the re-assessment notice. The statute states: The township assessor shall include a notice of the deadlines for filing a deduction application under subsections(a)and(b)with each notice to a property owner of an addition to assessed value or of a new assessment." 9. In this case,the re-assessment notice issued by the St. Joseph County Assessor does not state any deadline to file a Form 322 tax abatement application Tax Year 2017, pay 2018. Consequently,we were not given proper legal notice that the first tax abatement application(Form 2 322) was required to be filed within thirty (30) days of the date of the Assessor's re-assessment notice. 10. According to Indiana law,other property tax deductions are to be completed and signed by December 31 of the year for the deduction and filed with the County Auditor by January 5 of the following year. We filed our Form 322 within the deadline applicable to other tax deductions and well before any tax bills have been issued. 11. Because the re-assessment notice from the St. Joseph County Assessor for Tax Year 2017 pay in 2018 does not state a deadline to file our tax abatement application,an argument can be made that the thirty day deadline to file the application has not yet begun to run,so the tax abatement application is not late. 12. Rather than argue the legal point with the County Auditor and the County Assessor, we are asking the Common Council to grant a waiver of non-compliance so that the Auditor can apply our tax abatement application retroactively for Tax Year 2017,pay 2018. Request for Waiver 13. Under Ind. Code § 6-1.1-12.1-11.3, the Common Council has the authority to waive a taxpayer's non-compliance with Indiana's tax abatement laws. Included with these powers is the power to waive a taxpayer's failure to file a timely or complete abatement deduction application with the County Auditor. Ind. Code § 6-1.1-12.1-11.3(a)(5). 14. The Common Council must conduct a public hearing on the taxpayer's request for a waiver and pass a resolution waiving the taxpayer's non-compliance. Ind. Code § 6-1.1-12.1- 11.3(c). 3 15. In accordance with these provisions of Indiana law, we respectfully asks the Common Council to consider this petition at a public hearing and grant our request for a waiver to allow our tax abatement application to be filed with the Auditor for Tax Year 2017, pay 2018. Respectfully Submitted, James A. MAters (#79074-71) ETH,FEENEY, MASTERS & CAMPITI, P.C. 350 Columbia Street South Bend, Indiana 46601 Telephone: (574) 234-0121 Attorney for James A. Masters and Nancy J. Masters Verification We affirm, under penalties for perjury,that the foregoing representations are true. James A Masters, Petitioner 6244!L Z, Nancy J. Masters, Petitioner Dated: rc/j 2 uow 4 Exhibit 1 United States of America III f j 1I I STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I,John Voorde,Clerk of the City of South Bend,County of St.Joseph, Indiana, hereby certify that the attached and foregoing is a full,true,and correct copy of RESOLUTION 4295-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4528, 4536 4546 4606, 4612 LAKE BLACKTHORN DRIVE,6568 DOCKSIDE DRIVE,4636,4644,4710,4720,4728,4814, 4822 STARBOARD DRIVE, 6510, 6507 STILL WATERS COURT,4938,4954, 5011, 4935, 4915 STERN LINE COURT, 6535, 6530, 6634 LEEWAY DRIVE, 5015, 4917 MASTHEAD COURT; 5002,5010, 5013,5003,4925 BOW LINE COURT,4738,4712 PORTSIDE DRIVE, 4627, 4611, 4604, 4614, 4624 PIER COURT, 6613 DOCKSIDE DRIVE,4711,4719,4821,4829 STARBOARD DRIVE, 6530 LAKE CREST CIRCLE, 6735, 6747, 4736, 4739 BLACKTHORN HARBOR DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, NOVEMBER 11, 2013 PRESENTED TO, APPROVED AND SIGNED BY MAYOR PETE BUTTIGIEG, NOVEMBER 12, 2013 ATTEST: DEREK D. DIETER, PRESIDENT OF THE COMMON COUNCIL ATTEST: JOHN VOORDE, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County,Indiana. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official Seal of the City of South Bend,St.Joseph County,Indiana,this_I'OL\ day of 20 1 3 JOHN VOORDE Clerk of the City of South Bend St. Joseph County,Indiana By: t Deputy RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION WI DECLARATORY CITY OF RESOLUTION DESIGNATING CERTAIN Y O AS SOUTH BEND, INDIAN , 4528, 4536, 4546, 4606, 4612 Lake Blackthorn Drive; 6568 Dockside Drive; 4636, 4644, 47103 4720, 4728, 48141 4822 Starboard Drive; 6510, 6507 Still Waters Court; 4938, 4954, 5011, 4935, 4915 Stern Line Court; 6535, 6530, 6634 Leeway Drive; 5015, 4917 Masthead Court; 5002, 5010, 5013, 5003, 4925 Bow Line Court; 4738, 4712, Portside Drive; 4627, 4611, 4604, r4614, 60 Lake Pier Cr Court; 6613 Dockside Drive; 4711, 4719, 4821, 4829 Starboard 4, 6735, 67473 4736, 4739 Blackthorn Harbor Drive AS RESIDENTIALLY DISTRESSED AREAS FOR OF A 5) FIVE-YEAR RESIDENTIAL REAL TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at lake Blackthorn— Section One, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN,SECTION ONE A PART OF THE NORTHWEST,SOUTHWEST,AND SOUTHEAST QUARTERS OF SECTION 18,TOWNSHIP38NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAPLABELED"SEC.CORNER';THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST,A DISTANCEOF1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST,A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATUREOFANON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, h CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, E SOUTH RRDLONG SAID RIGHT OFWAY SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST;( )THENC CURVE,A DISTANCE OF 934.56 FEET;(4)THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, I 1 r A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20.SECONDS WEST, A DISTANCE OF 401.95 FEET;(8)THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST,A DISTANCE OF 256.87 FEET;(9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED M INSTRUMENT NUMBER 8717366,AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST,A DISTANCE OF 181.22 FEET;THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET;THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET;THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET;THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST,A DISTANCE OF 100.00 FEET;THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH,HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES I l MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT I OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST,A DISTANCE OF 66.96 FEET;(2)THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST,A DISTANCE OF 556.25 FEET;(3)THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST,A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18,TOWNSHIP 38 NORTH,RANGE 2 EAST;THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST,A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY,AS INSTRUMENT#0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES,MORE OR LESS. SUBJECT TO ALL EASEMENTS,AND RIGHT OF WAY OF RECORD. and which has Key Numbers: 4528 Lake Blackthorn Drive 025-1010-0176 025-1010-017620 4536 Lake Blackthorn Drive 025-1010-017621 4546 Lake Blackthorn Drive 025-1010-017622 4606 Lake Blackthorn Drive 025-1010-017623 4612 Lake Blackthorn Drive 6568 Dockside Drive 025-1010-017625 4636 Starboard Drive 025-1010-017626 4644 Starboard Drive 025-1010-017627 4710 Starboard Drive 025-1010-017629 4720 Starboard Drive 025-1010-017630 4728 Starboard Drive 025-1010-017631 4814 Starboard Drive 025-1010-017635 4822 Starboard Drive 025-1010-017636 6510 Still Waters Court 025-1010-017637 6507 Still Waters Court 025-1010-017639 4938 Stern Line Court 025-1010-017644 4954 Stern Line Court 025-1010-017646 5011 Stem Line Court 025-1010-017650 4935 Stern Line Court 025-1010.017655 4915 Stern Line Court 025-1010-017657 6535 Leeway Drive 025-1016-017658 5.015 Masthead Court 025-1010-017664 4917 Masthead Court 025-1010-017667 5002 Bow Line Court 025-1010-017672 5010 Bow Line Court 025-1010-017673 5013 Bow Line Court 025-1010-017674 5003 Bow Line Court 025-1010-017675 4925 Bow Line Court 025-1010-017677 4738 Portside Drive 025-1010-017687 4712 Portside Drive 025-1010-017690 4627 Pier Court 025-1010-017693 4611 Pier Court 025-1010-017695 4604 Pier Court 025-1010-017697 4614 Pier Court 025-1010-017698 4624 Pier Court 025-1010-017699 6613 Dockside Drive 025-1010-017703 4711 Starboard Drive 025-1010-017708 4719 Starboard Drive 025-1010-017709 6530 Lake Crest Circle 025-1010-017711 4821 Starboard Drive 025-1010-017717 4829 Starboard Drive 025-1010-017730 6530 Leeway Drive 025-1010-017719 6634 Leeway Drive 025-1010-017724 6735 Blackthorn Harbor Drive 025-1010-017403 6747 Blackthorn Harbor Drive 025-1010-017428 4736 Blackthorn Harbor Drive 025-1010-017429 4739 Blackthorn Harbor Drive 025-1010-017728 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se q., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se 4., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii, evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent(10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years commencing from November 12 2008 or the date of the adoption of this Resolution by the Common Council whichever date is later. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years commencing,from November 12 2008, or the date of the adoption of the Declaratory Resolution by the Common Council whichever date is later. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Bed In ICI CITY CLERK,60U',, 6'-4 Exhibit 2 ROSEMARY MANDRICI NOTICE OF ASSESSMENT OF LAND AND STRUCTURES/IMPROVEMENTS Y St.Joseph County Assessor State Form 21366(R15/11-15) 227 W.Jefferson Blvd., Rm 307 Prescribed by Department of Local Government Finance [FORM 11 South Bend, IN 46601 e This notice Indicates the assessed value of your property. Information on the valuation of your property and a copy of the property record card can be obtained from the Assessing Official at the telephone number and address below. Legal Description LOT 46 THE VILLAS AT LAKE BLACKTHORN SEC 1 04/05 NEW 1:1013 REPLAT TRANS 1955 4/21/03 Name and Address of property owner Parcel or Identification number 71-03-18-401-001.000-009 / 025-1010-017664 70451 •"""AUTO"6-DIGIT 46628 T144 PI MASTERS JAMES A AND NANCY J Property address(number and street,city state and ZIP code) 5015 MASTHEAD CT 5015 MAST HEAD CT,SOUTH BEND, IN 46628 SOUTH BEND,IN 46628.9002 I Illlrl ll lrllrl r lll llll l l l'I IIIII'I"I''llllll Notice to the taxpayer of the opportunity to appeal(IC 6-1.1-15-1):If the taxpayer does not agree with the action of the Assessing Official giving this notice, an appeal can be initiated to challenge that action if thetaxpayerfilesanoticeforreviewinwritingwiththeTownshipAssessor(if any)or the County Assessor not later than forty-five (4 5) days after thedateofthisnoticeofassessment. The written notice for review should include the name of the taxpayer, the address of the property, the keynumberortheparcelnumberoftheproperty,the address of the taxpayer(if different from the property address),and the telephone number ofthetaxpayer. An Assessing Official who receives a notice for review must attempt to hold a preliminary informal meeting with the taxpayer toresolveasmanyissuesaspossible. The taxpayer may use a Form 130-Short to file this appeal. This form is available from the Assessing Official or at https•//forms in Rov/Download aspx?id=6979. An appeal of this assessed value requires evidence relevant to the value of the taxpayer's property as of the assessment date. PREVIOUS ASSESSMENT NEW ASSESSMENT EFFECTIVE JANUARY 1, 2017 LAN D 700.00 LAND 53,000.00 STRUCTURES/IMPROVEMENTS* $0.00 STRUCTURES/IMPROVEMENTS* $276,900.00 TOTAL 700.00 TOTAL 329,900.00 The term"Improvements"Includes,but Is not limited to,buildings,structures,fixtures,and appurtenances. It represents a value added to the value of the land to equaltheproperty's total market value-in-use. It should not be confused with Improvements resulting from routine maintenance to the property,such as painting a house, Reason for revision of assessment: CHANGE IN PROPERTY USE 2017 Annual Adjustment THIS IS NOT A BILL(RETAIN FOR YOUR RECORDS) The Purpose of this form is to notify you of your assessed value for tax year 2017 pay 2018. Your property record card (PRC)is available @ www.st'osephcountyindiana.com Departments: "Assessor" and "Search Property Information" If you believe this assessment is not accurate,you have 45 days from the date on this notice to file an appeal with your assessor. The Deadline to file an appeal is September 7th, 2017. For your information, when filing an appeal, you are disputing your assessed value only. This will be your only opportunity to do so. To submit an appeal you may bring it to the Assessor's office between 8:00-4:30 or e-mail it to AppealsDep co.st-ioseph.in.us For your convenience,we will have extended office hours on July 261h 27`n and September 51n,2017 from 4:30 p.m.to 6:00 P.M. at the County Assessor's office,located on the third floor of the County-City Building,227 W.Jefferson Blvd.,South Bend,IN 46601. In the event that your assessment has been corrected by an appeal,your previous assessment total value above may or may not reflect the corrected value. The term "IMPROVEMENTS" includes, but is not limited to,buildings,structures,fixtures, and appurtenances. It represents avalueaddedtothevalueofthelandtoequaltheproperty's total market value-in-use. It should not be confused with improvements resulting from routine maintenance to the property,such as painting a house. For additional information you can call (574)235-9557 or(574)235-9523 or(574) 245-6708 If the change in assessment is due to a new home, a taxpayer should be aware that there are many property tax benefits or deductions available. PleaseseeINDIANAPROPERTYTAXBENEFITS (State Form 51781) available on the DLGF website, www IN.eov/dlef If the real property is reassessed because ithasbeenrehabilitated, a taxpayer may be eligible for rehabilitation deductions -see Form 322A or Form 322/RE. If the non-residential real property isreassessedbecauseithasbeenrehabilitated,a taxpayer may be eligible for rehabilitation deductions-see Form 322A. Other non-residential construction may be eligible for deductions-see Forms 322/RE&Form 322/VBD. County Taxing District Number-Township Date of Notice(month,day,year) ST.JOSEPH COUNTY 009 SOUTH BEND-GERMAN 07I21I2017 Assessing Official Telephone Number 574)235-9557 (574)235-9523 (574)245-6708 ROSEMARY MANDRICI Address(number and street,city,state ZIP code) 227 WEST JEFFERSON BLVD,SOUTH BEND,IN 46601 Exhibit 3 James A. Masters and Nancy J. Masters 5015 Masthead Court South Bend, Indiana 46628 Telephone: 574/291-9941 November 14, 2017 Auditor, St. Joseph County 2"Floor County-City Building 227 West Jefferson Boulevard South Bend, IN 46601 RE: Tax Abatement Application for 5015 Masthead Court, South Bend, IN 46601 Key Number 71-03-18-401-001.000-009/ 025-1010-017664 Dear Auditor: Enclosed is our Form 322 /RE, Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas for 5015 Masthead Court, South Bend, Indiana 46601 for tax year 2017, pay 2018. Please advise if any additional information or documents are required. Thank you. Very truly yours, James A. Masters JAM:st 3 a APPLICATION FOR DEDUCTION FROM ASSESSED VALUATION 20 18 y OF STRUCTURES IN ECONOMIC REVITALIZATION AREAS (ERA) RE a 11' State Form 16379(R1416-16) Prescribed by the Department of Local Government Finance INSTRUCTIONS: 11 `t 1. This form is to be filed in person or by mail with the County Auditor of the county in whI' erty is IoC 2. To obtain this deduction,a Form 322/RE must be filed with the County Auditor befor ft 10 in yearn wf i addition to mailed e after valuation 1 o If theoifit new assessment)is made,or not later than thirty(30)days after the assessment not' mailed to tpppp,d p y property owner misses the May 10 deadline in the Initial year of assessment,he ca ®pply bet1AIJ1 d 10 of a subsequent year for the remainder of the abatement term. (See also 1C 6-1.1-12.1-11.3 concerning the faflu file a tlk?118811y application.) 3. A copy of the Form 11,the approved Form SB-1/Real Property,the resolution ado by the desiRrttAtbody-any Form CF-1/Real Property must be attached to this application. r 1vo Ca9tin 4. The Form CF-1/Real Property must be updated annually and provided to the Coun ditor and tf 7 afin for each assessment year in which the deduction is applicable. 5. Please see IC 6-1.1-12.1 for further instructions. 6. Taxpayer completes Sections 1,11 and 111 below. 7. If property located in an economic revitalization area is also located in an allocation area as define In 36-7-14-39 or IC 36-7-15.1-26,an application for the property tax deduction may not be approved unless the Commission that designated the allocation area adopts a resolution approving the application IC 6-1.1-12.1-2(k)). 6. redevelopment t fordeductions relatedad to redevelopment a may habih be approvreal r th property low/ngfacifit/es(IC6 9.1 consolidated city,a deduction for the a. Private or commercial golf course j. Any facility,the primary purpose of which is(a)retail food and beverageservice;(b)automobile sales or service;or(c)other retail;(unless the b. Country club facility is located in an economic development-target area established c. Massage parlor under IC 6-1.1-12.1-7). d. Tennis club k. Residential,unless the facility is a multi-family facility that contains of modrate income e. Skating facility,including roller skating,skateboarding or ice skating least 20%ofthe unit the habit for located In an economec development f. Racquet sport facility(including handball or racquet ball court) target area established under IC 6-1.1-12.1-7,or the area is designated g. Hot tub facility as a residentially distressed area which is required to meet conditions as h. Suntan facility cited in IC 6-1.1-12.1-2(c)(1&2). i. Racetrack 1. Package liquor store(see IC 6-1.1-12.1-3(e)(12)) SE0710N I: DESCRIPTION,b PROPERTY The owner hereby applies to the County Auditor for a deduction pursuant to IC 6-1.1-12.1-5 beginning with the assessment date January 1,20_L7 County Township DLGF taxing district numhnr Key number 71-03-16-401-001.000-0091 0251010.017664 St. Joseph County German B German 71 -009 Name of owner Legal description from Form 11 James A. Masters and Nancy J. Masters Lot 46 The Villas at Lake Blackthorn Sec 1 04/05 New Replal Trans 1955 4/21/03 Date of Form 11(month,day,year) Property address(number and street,city,state,and ZIP code) 7/21/2017 5015 Masthead Court, South Bend, Indiana 46628 use of structure Type of structure Residential Home Detached single family home Governing body that approved ERA designation Date ERA designation approved(month,day,year) Resolution 4295-1 3 South Bend Common Council November 11, 2013 s r r C tQJJrQF g1NNER,OR; EPRESENTATIVE- Date signed(month day,/ear) Signal own or represent rve(1 hereby certify that the rep se afions on this application are true.) November, 201 7 F. A dress number and street,city,state,and ZIP code)rinted ma of owner or representative James A. Masters/Nancy J. Masters 5015 Masthead Court, South Bend, IN 46628 AUDITOWS r. :: t:. A.Rehabilitation structure I.Assessed valuation AFTER rehabilitation 2.Assessedessed vat nation BEFORERE rehabilitation 3.Difference in assessed valuation(Line 1 minus Line 2) $ 4.Assessed valuation eligible for deduction for the increase in AN from the rehabilitation,not Including the increase in AN from the reassessment of the entire structure)329,900-00 B.New structure 1.Assessed valuation 329,200.00 2.Assessed valuation eligible for deduction _ J 1 « l(kRIPI 'G OIV at=sSESSING QFFICIAL I verify that the above described structure was assessed and the owner was notified on with the effective date of the assessment being January 1,20 and that the assessed valuations in Section III are correct. Signature of assessing official Printed name of assessing official Date(month,day,year) Page i of 2 1 T O 1l a a _BPI . YIiERE THE STATEMENT OF'BENEFITS WAS, x y .,APP _YED R R._ 1.- 20,E R A,'O Q S .J E PER IG.6 1.1.12 1 17 YEAR OF DEDUCTION/ASSESSED VALUE/PERCENTAGE/DEDUCTION* YEAR OF DEDUCTION/ASSESSED VALUE/PERCENTAGE/DEDUCTION** 1)For deductions allowed over a one(1)year period: 8)For deductions allowed over a eight(8)year period: 1 20__pay 20_ $ 100% '__% $1 20_pay 20_ $ 100% '—% $_ 2 20_pay 20_ $88% '-% $_ 2)For deductions allowed over a two(2)year period: 3 20_pay 20! $75% '—% $- 1 20__pay 20_ $ 100% '—% $4 20__pay 20__ $63% '—% 50%5 20_pay 20_,_ $50% 2 20_pay 20_ $ 6 20_pay 20_ $38% 3)For deductions allowed over a three(3)year period: 7 20_pay 20^ $25% o 1 20__pay 20•_, $ 100% '—% $8 20 20pay 13/o 2 20_pay 20_ $66% '_% $ 3 20_pay 20_ $33% '—% $ 9)For deductions allowed over a nine(9)year period: 1 20_pay 20 $ 100% .-% $_ 4)For deductions allowed over a four(4)year period: 2 20_pay 20_ $88% '—% $_ 1 20_pay 20_ $ 100% '—% $3 20_pay 20_ $77% '—% $_ 2 20_pay 20_ $75% '—% $4 20_pay 20_ $66% '-% $_ 3 20_pay 20__ $50% ' % $5 20_pay 20__ $55% *-% $_ 4 20__pay 20_ $25% '—% $6 20_pay 20_ $44% —% $_ 7 20_pay 20_ $33% '_% $_ 5)For deductions allowed over a five(5)year period: 8 20_pay 20_ $22% '_% $_ 100%9 20_pay 20_ $11% 1 20 pay 20_ $ 2 20_pay 20__ $80% `—% $ 60% 10)For deductions allowed over a ten(10)year period: 3 20_pay 20_ $ 4 20_pay 20_ $40% '_% $1 20_pay 20_ $ 100% 5 20__pay 20_ $20% `—% $2 20_pay 20` $95% 3 20_pay 20` $80% 6)For deductions allowed over a six(6)year period: 4 20—,pay 20_ $65% 1 20_pay 20_ $ 100% '—% $5 20_pay 20_ $50% 0 2 20__pay 20,_ $85% '—% 5 6 20_pay 20_ $40% 66%7 20_pay 20_ $30%5- 3 20_pay 20_ $ 50%8 20,_pay 20_ $20% 4 20•_pay 20_ $ 34%9 20_pay 20_ $10% 5 20_pay 20_ $ 17%10 20_pay 20_ $ 5% 6 20_pay 20_ $ 7)For deductions allowed over a seven(7)year period: NOTE: The deduction percentages shown in this section apply to a statement of benefits approved before July 1, 2013 that did not 1 20•_pay 20_ $ 100% '—% $ have an alternative deduction schedule adopted by the 2 20_pay 20_ $85% '—% $ designating body.All other abatements shall use the percentages 3 20_pay 20_ $71% `—% $ reflected in the abatement schedule adopted by the designating 4 20_pay 20_ $57%body perk 6-1.1-12.1-17. 5 20_pay 20_ $43% —% $The amount of the deduction shall be adjusted annually to reflect changes 6 20_pay 20_ $29% `—% $ to the assessed valuation resulting from a reassessment or an appeal of 7 20_pay 20_ $14% `—% S the assessment per IC 6-1.1-12.1-4(b). Mn EC NtY( FOR ESID Ni Y DISTRESSED AREA WHERE7! S ATEMEIJT rOF"BENEFITS WAS APPROVED BEFORE JULY 1, 2013J6 f nE DEDUCTION SCHF,0 MPER-ICL6 1 DEDUCTION IS THE LESSER OF: DEDUCTION ISALL0:4ED FCLUDESE(5) TYPE OF DWELLING YEAR PERIODEATRST INCLUDES IC 6-1.1-12.1-4.1(b)) One(1)family dwelling Assessed value(after rehabilitation or redevelopment) $or$74,880 AV pay_through__pay Two(2)family dwelling Assessed value(after rehabilitation or redevelopment) $ or$106,080 AV pay_through pay Three(3)unit multifamily dwelling Assessed value(after rehabilitation or redevelopment) $ or$156,000 AV pay_through pay_ Four(4)unit multifamily dwelling TAssessed value(after rehabilitation or redevelopment) $ or$199,680 AV pay_through pay_ Assessed value limits for taxes due and payable prior to January 1,2005 were$36,000,$51,000,$75,000,and$96,000 for one to four family dwellings,respectively. 10NzV l_iAPPRQ,AL Q, l N'. - GD TOR.COMPL6,EONUY lFirAPPROVED This application Is a2proved in the amounts shown above. Date signed(month,day,year) Signature of County Auditor Printed name of County Auditor Page 2 of 2 w STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS 20_ PERGa 0--- 0 Stele Forth 51767(R4 12-113) FORM Se-1 1 l Prop ertyPrescribedbytheDepartmentofLocal0ovemmentFinance PRIVACY NOTICEThisstatementisbeingcompletedforrealpropertythatqualifiesunderthefollowingIndianaCode(check one box); The cost and anyspeciliolnclMduai'sRedevelopmentorrehabilitationofrealestateimprovements(IC 6-1.1A2.1-4) salary Information Is confidential;the Residentially distressed area(IC 8-1.1-12.1-4.1) balance of the fling is p'jblic record Per IC 6.1.1.12.1.5.1(c)end(d). INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requiresinformationfromtheapplicantInmakingItsdecisionaboutwhethertodesignateanEconomicRevitalizationArea. Otherwise,this statement must besubmittedtothedesignatingbodyBEFOREtheredevelopmentorrehabilitationofrealpropertyforwhichthepersonw1shestoclaimadeductor.Projects'planned orcommitted to after July 1, 1987,and areas designated after July 1, 1987,require e STATEMENT OF BENEFITS, (IC 6-1,1.12.1)2. Approval of the designating body(City Council, Town Board,County Council,etc.)must be obtained prior to Initiation of the redevelopment orrehabilitation,BEFORE a deduction maybe approved. 3. To obtain a deduction,a Form 3221RE must be filed with the County Auditor before May 10 in the yearin which the addition to assessed valuation Ismadeornotlaterthanthirty(30)days after the assessment notice is mailed to the property owner Nit was mailed aRerApril 10. If the prop any ownermissestheMay10deadlineintheInitialyearofoccupation,he can apply between March 1 and May 10 ore subsequent year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991,.must attach a Form CF•1 1Real Property annually to the application toshowcompliancewiththeStatementofBenefits, (iC 6-1.1-12.1-5.1(b)and iC 6.1.1-12.1-5.3Q)J. 5. The schedules established under IC 6-1.1-12.1-4(d)for rehabilitated property apply to any economic revitalization areas designated after June 30,2000,unless an altemetive deduction schedule is adopted by the designating body(IC 6-1.1-12.1-17). The schedules effective prior to July 1,2000,shall cgqontinuel to/apply to economic revitalization areas designated before July 1,2000. ti Name of taxpayer COOREMAN REAL ESTATE GROUP, INC, Address of taxpayer(number and street,city,state,and ZiP code) 4404 TECHNOLOGY DRIVE, SOUTH BEND, IN.46628 Name of contact person Telephone number E-rraC address STEVE C}OOREMAN y n ({5743 1.2.77-0116 STEVEQ COOREMAN.COM J `, .:.._. _.........,_...._.. _._,._.........r t Name of designating body r ot SOUTH BEND COMMON COUNCIL Res numb Location of properly County DLGF taxing district number N OF BRICK RD./E OF ORANGE RD./W OF US 31 BYPASS ST.JOSEPH GERMAN Descriplion of real properly improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estvnated sta-i date(month,day,yeahFiftyone(51)homes in The Villas at Lake Blackthorn Section I and II-a single family home subdivision 11/12/2013whichhasatotalof114lots, located on 56+/-acres with a large lake,gazebo park,and small pond. Avg home price is$250,000.Avg lot price is$47,000.Eslrmaled completion date(month,day,year) 11/12/2018 7 c '4.'L 3 j:71}(1 . 4 i 1? t-tc t' g`i 1., r .. Current number Salaries Number retained Salaries Number additional .•Salaries 3t,: - c ` ? 1 r'` 111 e i 7 e ;•f e REAL ESTATE ItdPROVEMENTS COST ASSESSED VALUE Current values 1175.00iQ eta 530,000.00 Plus estimated values of proposed project, 5 6, r rr 1'3*`6t 6 Y3"SLessvaluesofanypropertybeingreplacedr .00 0.00 Net estimated values upon completion of pro ecl _ 15,100,000,00r----r 15,100,000.00 edit.: a' ,::.;r. Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits SECTION 6 TAXPAYER CERTIFICATION I here by ce at the rep r tatfons in this statement are true. Signature of tali Tlue Oats signed(mon ,day,year) i PRESIDENT G Page 1 of 2 s We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following Ilmllatrons: A. The designated area bas been limited to a period of time not to exceed_calendar yearn (see below). The date this designation expires is l —L (a B. The type of deduction that is allowed in the designated area Is limited to: 1.Redevelopment or rehabilitation of real estate Improvements %Yes 0 No 2.Residentially distressed areas 4,Yes 0 No C, The amount of the deduction applicable is limited to$ D, Other limitations or conditions(specify) E. The deduction Is allowed for years*(see below). F. Did the designating body adopt an alternative deduction schedule per IC G 1.1 12.1-17? 0 Yes No If yes,attach a copy of the alternative dedvction schedule to this form. We have also rev* ved the information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the t ality of be is sufficient o Juslity the deduction described above. Approved(signature a !i ing body) Telephone number Defe s goad(month,day,year) ktfested=Ila!rster) Designated body / S r SI YYW Wf l If the Ignating body limits the time period during which an area is an economic revitalization area,it does not limit the length of lime a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1.12.1.4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1, if the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. It the Economic Revitalization Area was designated after June 30,2000,and is not in a residentially distressed area,the deduction period may not exceed ten(10)years. Page 2 of 2 rage .t ui i James Masters From: "Stephanie Petsche" <spetsche @cooreman.com> Date: Tuesday,November 14,2017 2:02 PM To: Steve Cooreman" <steve @cooreman.com>; "James Masters"<jmasters(a nfmlaw.com> Subject: Fwd:Tax Abatement Re: CF-lA Forwarded message ---------- From: Angelina Billo<abillo(@,southbendin.gov> Date: Tue,Nov 14, 2017 at 1:44 PM Subject: Tax Abatement To: "spetsche cooreman.com" <spetsche(a,cooreman.com> Stephanie, Per our conversation earlier today, I am confirming that the CF-1 for a residential real property is not required. Thanks, A A x rir A . Angelina Billo Economic Resources Al Department of Community Investment Ins 574)235-5838 abiIlo @southbendin.gov City of South Bend 227 W.Jefferson Blvd. South Bend,IN 46601 A A IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming a-mails are not routinely screened for response deadlines, and as such,please notify the sender separately by fax of any message containing deadlines. In addition, E- Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission, If verification is required, please request a hard-copy version. 11/14/2017 Exhibit 4 I ST. JOSEPH COUNTY AUDITOR 227 W. Jefferson Blvd. Second Floor County City Building South Bend, IN 46601 Telephone 574-235-9668 Michael J. Hamann Fax 574-235-5024 John H. Murphy Auditor Chief Deputy Auditor James A. & Nancy J. Masters 5015 Masthead Ct. South Bend, IN. 46628 Date: 12/4/17 RE: Abatement Application Dated 11/17/17—(Denied for 2017/payable 2018) Tax ID#: 025-1010-017664 Dear Taxpayers, I have received your Residential Abatement form (Form 322/RE) that you filed in our office on Nov. 1.7, 2017. Per the instructions on the form, this deduction is to be filed "before May 10th in the year in which the addition to assessed valuation (or new assessment) is made, or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed after April 10." Your Notice of Assessment was mailed to you on 7/21/2017. 1 regret to inform you that you missed the thirty (30) day filing window. Therefore, the abatement will not be applied to your 2017/pay 2018 tax bill. You have missed the filing date for year#1 of the five (5) year abatement. You will need to reapply next year prior to May 10th to receive the benefit of the second year of your abatement. This will be year#2 of your 5 year abatement. If you should have any questions, please feel free to call me at (574)235-9398. Sincerely, Kathy Gregorich Office Manager/Settlement Specialist St.Joseph County Auditor's Office 0 Filed in Clerk's Office January 30, 2018 FEB 0 5 2018 KAREEMAH FOWLER VIA U.S. MAIL CITY CLERK, SOUTH BEND,IN City of South Bend Office of the City Clerk Clerk Kareemah Fowler Room 455, County-City Building South Bend, IN 46601 Re: Menard, Inc. Petition to Vacate Public Rights-of-Way South Bend, Indiana Clerk Kareemah Fowler- Menard, Inc. is relocating from its existing store to a brand new location to be built upon the site of the long-vacant former K-Mart located at 4640 South Michigan Street. Key to that effort is the vacation of the southern portion of the St. Joseph Street right-of- I ad way adjacent to the parcels Menard, Inc. owns. To that end, I am enclosing the following: 1. Petition to Vacate Public Rights-ofWay 2.Proposed Ordinance 3.Envelopes addressed and stamped with certified mail for all property owners within 150' feet of the right-of-way to be vacated. Also enclosed are copies of the Ship Request Forms for the City's tracking purposes. 4.Check in the amount of$150.00. 5. A copy of the radius map. 6. This letter explaining the request. Menard, Inc. owns property on both sides of the proposed vacation. The vacation is necessary to obtain additional north to south distance for our site planning needs. The request also moves the southern limits of the City right-of-way back to the realigned intersection with Callendar Street, a more logical termination point for St. Joseph Street. I look forward to discussing the request with the City Council. I would appreciate confirmation of the meeting dates and times. I maybe reached at 715.876.2810. r truly yours, v Thomas W. O'Neil Real Estate Acquisitions Menard, Inc. 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876-5911 FAX (715) 876-2868 BILL NO. 07-18 BILL NO. 07-18 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75', THEN WEST APPROXIMATELY 88', THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY 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 property: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST.JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75',THEN WEST APPROXIMATELY 88',THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY Now hereby determines that it is desirable to vacate said property. 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. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 023-1035-1766 (Menard, Inc.) 023-1035-1771 (Menard, Inc.) SECTION IV. The purpose of the vacation of the real property is to allow Menard, Inc. to redevelop the former K-Mart property, realign St. Joseph Street at the Callendar Street intersection, and widen the Menard, Inc. property south of the right of way vacation sufficient to allow the construction of I a Menards home improvement and building materials supply store. 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock . M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY Filed in Clerk's Office STREETS/ALLEYS) FEB 0 5 2018 KAREEMAH FOWLER TO THE COMMON COUNCIL JANUARY 29, 20P CITY CLERK, SOUTH BEND,IN OF THE CITY OF SOUTH BEND, INDIANA MENARD, INC., A WISCONSIN CORPORATION, THE UNDERSIGNED PROPERTY OWNER, PETITIONS THE CITY TO VACATE: A.THE SOUTHERLY PORTION OF ST. JOSEPH STREET, DESCRIBED AS FOLLOWS: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75', THEN WEST APPROXIMATELY 88', THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY NAME ( ' ed & rin ed) ADDRESS LOT # MENARD, INC., A WISCONSIN CORPORATION 5101 MENARD DRIVE EAU CLAIRE, WI 54703 AS OWNER OF THE PROPERTY LOCATED AT 4640 SOUTH MICHIGAN STREET. GENERALLY KNOWN AS THE FORMER K-MART. THE PARCEL ID NUMBER IS 023-1035-1771 CONTACT PERSON (S) NAME: TOM O'NEIL REAL ESTATE ACQUISITIONS RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 5101 MENARD DRIVE KAREEMAH FOWLER, CITY CLERK EAU CLAIRE, WI 54703 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 PHONE: 715-876-2810 574-235-9221 EMAIL: TONEIL @MENARD-INC.COM Updated 6/22/12 5 O q w w i 023-1035-1730 023-1035-172901 s 023-1035-1735vp --- 023-1035-1762 023 1035 1763 I E Callan f 68 C23 0351.766 023-1035-17350 023 FilQdin Cler;,,:'s Office 023-10 FEB 0 51014 KAREEMAH Ft,WLEF-1 1035 y CLERK,SOUTH SEND,IN City of South Bend Dept. of Public Works Alley Vacation 150' Radius 227 W Jefferson Blvd. #1316 South Bend, IN 46601 Menards, Inc., 4640 S. Michigan Phone: (574) 235-9251 Right of way to be vacated begins at a point approx. 565' south on South 0 150' Buffer St.Joseph Street from the E. Ireland S. ROW, running south approx. 75', Address List attached then west approx. 88', then north approx. 109' to a point approx. 530' Date Prepared: 1/26/2018 DCH south along South St. Joseph Street from the E. Ireland S. ROW. 5ou'rrr l4A[E ig65 Y INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 12111/2417 TO: Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Matt Longfellow, Engineering Department Chris Dressel, Community Investment ederico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Imaglioz(a),co.st- ose h.in.us or 235-9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (pmgriffin((,nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT:Menard Inc., A Wisconsin Corporation LOCATION: South St. St. Joseph St where it dead-ended at the former Kmart DATE DUE: December 19, 2017 FAX OR E-MAIL TO: 235-9171 / Imartin(c southbendin.gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: O4S013T88 d 1316 COUNTY-CITY BUILDING U C PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W rgA cs FAX 574/235-9171 SOUTH BEND.INDIANA 46601-1830 It fi • 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS December 21,2017 Menard, Inc. 4640 S. Michigan Sheet South Bend,IN 46614 RE: Street Vacation—South St.Joseph Street at Dead-End at Former K-Mart (Preliminary Review) To Whom It May Concern: The Board of Public Works, at its December 21, 2017, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, Street Department, and the Solid Waste Division. Per Indiana Code 36-7-3-13 criteria, all departments gave favorable recommendations regarding the vacation of this street. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this street. Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius man. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your street vacation packet. ySin erel y, CaM. Martin,C k c:Federico Rodriguez,Fire Department Donna Hanson, Engineering Bianca Tirado, City Clerk's Office GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU CITY OF SOUTH BEND 227 W.JEFFERSON BOULEVARD PHONE 574/235-9251 DEPARTMENT OF PUBLIC WORKS SUITE 1316 COUNTY-CITY BUILDING FAX 574/235-9171 SOUTH BEND,INDIANA 46601 TDD 574/235-5567 Street/Alley Vacation Form IIR THIS FORM MUST BE REVIEWED BY THE CITY ENGINEERING D TMENT PR19R TO GRANTING A RADIUS MAP* Submission Date: December 8, 2018 Applicant Name: Menard, Inc., a Wisconsin corporatio Phone#:715-876-2810 Email:toneil@menard-inc.com Property Address: 4640 S. Michigan Street Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(ex. Church PI,between E.Colfax Ave&E. LaSalle Ave): South St.Joseph Street where it dead ended at the former K-Mart Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes No If no,use the attached table to provide the following information for all affected property owners: Name,Address, Consent for the proposed alley vacation Reason for street/alley vacation and proposed use: The street needs to be vacated in order to accommodate the Menards store site plan /redevelop the former K-Mart Does the existing alley provide garage access to other property owners? Yes 0 No Does the alley receive daily traffic excluding your own use? Yes Q No Would the vacation hinder public access to any of the following:a church,school,or any Yes No other public building or place? OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: Yes/— o Board of Public Works Authorized Signatures: Version 1.0[6/14/2016] it m — WT IF to la jo 8 Of 601fIX BDq 1ytll M FRCP HA1P(Tl'P.) c. a) Rla _ CA0617LW!(M n w l:Nl T or Ila at Stree_ STOP G/w -Asool Swlx!) 11'"(TTV.) r smp m (m.) ttt 11S40C TRUCK TURNING MOVEMENTS SCALE 1" = 100' fy RI +t17 eg np T --- ...._..__ .... Y r r__—_ lTy a. 0 5 I DETENTION POND d1 R It 4-4-1 1 P I J 0.00' SSL+Y 110.00• AIM i 4f4 e6V OA (fall SSW law to Tv u P,/Atn 1 V" dam K PAVEMENT LEGEND 1 FF HEAVY DUTY ASPHALT i D STANDARD DUTY ASPHALT g 07Y OF SOUTH BEND ASPHALT GRAPHIC SCALE I g 60 0 30 60 120 CONCRETE PAVEMENT D AGGREGATE PAVEMENT 1 I SCALE 1" = 60' z i 1 1 J Raschelle Beckwith From: Federico Rodriguez Sent: Monday, December 11, 2017 10:35 AM To: Raschelle Beckwith Subject: RE: Street Vacation-Mendards Inc., A Wisconsin Corporation Favorable SBFD Federico (Chico) Rodriguez Fire Marshal Office: (574) 235-7564 Mobile: (574) 876-6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu @southbendin.gov We deliver services that empower everyone to thrive. Excellence ( Accountability I Innovation { Inclusion I Empowerment Original Message----- From: Raschelle Beckwith Sent: Monday, December 11, 2017 10:33 AM To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Matt Longfellow mlongfel @southbendin.gov>; Chris Dressel<cdressel @southbendin.gov>; Federico Rodriguez frodrigu @southbendin.gov>; Imaglioz @co.st-joseph.in.us; Eugene Eyster<eeyster @southbendin.gov>; pmgriffin@nisource.com Subject:Street Vacation-Mendards Inc., A Wisconsin Corporation Please Provide Recommendation Original Message----- From: SouthBend Sent: Monday, December 11, 2017 10:21 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 12.11.2017 10:21:01 (-0500) Queries to: southbend @southbendin.gov Raschelle Beckwith From: Pete Kaminski Sent: Monday, December 11, 2017 11:15 AM To: Raschelle Beckwith Cc: Derick Roberts Subject: RE: Street Vacation-Mendards Inc., A Wisconsin Corporation Hi Raschelle,the City of South Bend Street Division has no objection to this vacate request, thank you. Original Message----- . From: Raschelle Beckwith Sent: Monday, December 11, 2017 10:33 AM To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Matt Longfellow mlongfel @southbendin.gov>; Chris Dressel <cdressel @southbendin.gov>; Federico Rodriguez frodrigu @southbendin.gov>; Imaglioz @co.st-joseph.in.us; Eugene Eyster<eeyster @south bendin.gov>; pmgriffin @nisource.com Subject: Street Vacation-Mendards Inc.,A Wisconsin Corporation Please Provide Recommendation Original Message----- From: SouthBend Sent: Monday, December 11, 2017 10:21 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 12.11.2017 10:21:01 (-0500) Queries to: southbend @southbendin.gov i Raschelle Beckwith From: Eugene Eyster Sent: Monday, December 11, 2017 12:50 PM To: Raschelle Beckwith; Pete Kaminski; Michael Bronstetter; Matt Longfellow; Chris Dressel; Federico Rodriguez; Imaglioz @co.st-joseph.in.us; pmgriffin @nisource.com Subject: RE: Street Vacation-Mendards Inc.,A Wisconsin Corporation Ms. Beckwith, The Police Department would give this request a favorable recommendation. Lt. E. Eyster Original Message----- From: Raschelle Beckwith Sent: Monday, December 11, 201710:33 AM To: Pete Kaminski<pkaminsk @south bendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Matt Longfellow mlongfel @southbendin.gov>; Chris Dressel <cdressel @southbendin.gov>; Federico Rodriguez frodrigu @southbendin.gov>; Imaglioz @co.st-joseph.in.us; Eugene Eyster<eeyster @southbendin.gov>; pmgriffin @nisource.com Subject:Street Vacation-Mendards Inc.,A Wisconsin Corporation Please Provide Recommendation Original Message----- From: SouthBend Sent: Monday, December 11, 2017 10:21 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 12.11.201710:21:01 (-0500) Queries to: southbend @southbendin.gov t i INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 121111201 r TO: Pete Kaminski,Street Department Mire Bronsiefter,Solid Waste Mail Longlel10W,Englneedng Department Chris Oresael,CommvNgr i.eatmenl Federico Roddgu0z,Fire Department Larry Magronl,Area Plan Comrt imam pglaallozAcc sl- laseoh.ln.us or231:8813fa) Gene Eyster,Pace Department Phil Griffin,NIPSCO urca co ((FYI Only(FROM: Linda M.Martin,Clerk SUBJECT: REQUEST FOR RECOMMENDATION—STREET VACATION i APPLICANT: Menard IncA Wiecnnala Corporatlon LOCATION: South St Sit Joseph St where It dead-endeda—the Fortner Kmart I DATE DUE: peaamberi8,1817 j FAXORE-MAILTO: 15.9 oulhbendln. 0v i PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 38•T-3-13 CRITERIA: 1.The vacation wouWgpLjld not hinder the growth or orderly development of the unIt or neighborhood In which ll Is located or to which It S contiguous. l2.The vacation wouldf—uld rwh make access to the lands of the aggrieved person by means of pudic way difficult or inconvenient 3.Thor vacationgmu1cL%yVMj j hinder the public's access to a church,school or other pubric building or place. 4.The vacatlonyrouWMurd not hinder the use of a public right-af-vmy by the neighborhood N which It is located or to which it Is conllguove. COMMENTS: This alley vacation would not hinder Solid Waste operations. r LAWRENCE P. MAGLIOZZI F.xr.CUTIVS nlBrcTOR Angela M, Smith ne p L I)I r ret ur AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 N, ILFFLRSO.N BLVD„ ROODS 11+0 COU-,TI'-CfTV BUILDING. SOUTH BESD, INDIANA 46601 (S74) 23S-9571 December 13,2017 City of South Bend Board of Public Works 131h Floor,County-City Building South Bend,Indiana 46601 RE: Street&Alley Vacation Applicant:Menards,Inc. Location: South end of South St.Joseph Street. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13.It is the staff's opinion that: 1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The street is no longer part of an integral circulation system,only providing access to a limited number of users. 2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. All surrounding owners have access to either the remaining portion of St.Joseph Street,or Ireland Road. 3) The vacation would not hinder the public's access to a church,school,or other public building or place. No church,school or other public building or place is accessed by either the alley. 4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The vacation will not hinder access to other adjacent public ways. Sincere , A Larry Magliozz SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S J C1 N D I A N A.C H/3 0 6/A h R A-PLAN Raschelle Beckwith From: Matt Longfellow Sent: Monday, December 18, 2017 12:49 PM To: Raschelle Beckwith Cc: Toy Villa; Donna C. Hanson; Kara Boyles; Sue Ellen Doudrick Subject: RE: Street Vacation-Mendards Inc., A Wisconsin Corporation Attachments: engineering response.pdf Raschelle, Engineering has no objections to this vacation at the Menards site. Regards, Matt Original Message----- From: Raschelle Beckwith Sent: Monday, December 11, 201710:33 AM To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Matt Longfellow mlongfel @southbendin.gov>; Chris Dressel <cdressel @southbendin.gov>; Federico Rodriguez frodrigu @southbendin.gov>; Imaglioz @co.st-joseph.in.us; Eugene Eyster<eeyster @southbendin.gov>; pmgriffin @nisource.com Subject: Street Vacation-Mendards Inc., A Wisconsin Corporation Please Provide Recommendation Original Message----- From: South Bend Sent: Monday, December 11, 2017 10:21 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 12.11.2017 10:21:01 (-0500) Queries to: southbend @southbendin.gov 1 Raschelle Beckwith From: Chris Dressel Sent: Monday, December 18, 2017 11:09 AM To: Raschelle Beckwith Cc: Tim Corcoran Subject: RE: Street Vacation-Mendards Inc., A Wisconsin Corporation Recommended for approval based upon the following IC-36-7-3-13 Criteria: 1 -The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. -The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3-The vacation would not hinder the public's access to a church,school or other public building or space. 4-The vacation would not hinder the use of a public right of way by a neighborhood in which it is located or to which it is contiguous. Christopher D Dressel,AICP Planner Bicycle Coordinator Brownfields Coordinator Department of Community Investment 574) 235-5847 cdressel @southbendin.gov City of South Bend 227 W.Jefferson Blvd., Suite 14005 South Bend, IN 46601 We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation ( Inclusion I Empowerment Original Message----- From: Raschelle Beckwith Sent: Monday, December 11, 2017 10:33 AM To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Matt Longfellow mlongfel @southbendin.gov>; Chris Dressel <cdressel @south bendin.gov>; Federico Rodriguez frodrigu @southbendin.gov>; Imaglioi @co.st-joseph.in.us; Eugene Eyster<eeyster @southbendin.gov>; pmgriffin @nisource.com Subject: Street Vacation-Mendards Inc.,A Wisconsin Corporation Please Provide Recommendation Original Message----- From: SouthBend Sent: Monday, December 11, 201710:21 AM To: Raschelle Beckwith BILL NO. 08-18 BILL NO. 09-18 BILL NO. 10-18 Bianca Tirado From: Angela Smith <ASmith @sjcindiana.com> Sent: Tuesday, February 06, 2018 12:21 PM To: Bianca Tirado Cc: Kareemah Fowler; Bob Palmer Subject:Special Exception Use Attachments: 915 27th ordinance.docx; 2602 mishawka ordinance.docx Attached are 2 Resolutions for Special Exception Uses. Please place them on your agenda for first reading at your February 12, 2018 Common Council Meeting. They will be heard by the ABZA at the February 14th meeting (1:30 in Council Chambers),with recommendation being forwarded on April 15th.The petitions should be ready for public hearing at your February 26th Council meeting. Please let me know if you have any questions or if you need paper copies. n Swa4, Deputy Director Area Plan Commision of St. Joseph County 574)235-9571 Filed in Clerk's Office FEB 0 6 2018n KAREEARAi- FOWLERLCLERK, SOUTH BEND,IN 1 BILL NO. 18-03 Filed in Clerk's Office BILL NO. 18-03 FEB 0 6 2016 RESOLUTION NO. KAREEhIIAt IOiNLER CITY CLERK,SOUTH BEND,IN 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 91527 TH STREET 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 property located at: 91527 TH STREET In order to permit a Child Caring Institution in the OB Office Buffer 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 of 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. Tim Scott, Council President South Bend Common Council Bianca Tirado From: Angela Smith <ASmith @sjcindiana.com> Sent: Tuesday, February 06, 2018 12:21 PM To: Bianca Tirado Cc:Kareemah Fowler; Bob Palmer Subject: Special Exception Use Attachments: 915 27th ordinance.docx; 2602 mishawka ordinance.docx Attached are 2 Resolutions for Special Exception Uses. Please place them on your agenda for first reading at your February 12, 2018 Common Council Meeting. They will be heard by the ABZA at the February 14th meeting (1:30 in Council Chambers), with recommendation being forwarded on April 15th.The petitions should be ready for public hearing at your February 26th Council meeting. Please let me know if you have any questions or if you need paper copies. 409C&n. .5ota4, Deputy Director Area Plan Commision of St. Joseph County 574) 235-9571 Filed in Clerk's Office FEBF-- 06 2019 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN i BILL NO. 18-04 Filed in Clerk's Office BILL NO. I8-04 FEB 0 6 2016 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN 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 2602 MISHAWAKA AVENUE 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 property located at: 2602 MISHAWAKA AVENUE In order to permit a Coffee Shop with Drive Through/up Window in the LB Local Business 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 of 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. Tim Scott, Council President South Bend Common Council