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03-08-10 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, MARCH 8, 2010 1, INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7:00 P.M. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 01 -10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 07 -10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN'S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST /WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH /SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY 12--10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET 10 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND ( #227) IN 2010 FOR VARIOUS EXPENDITURES 11 -10 PUBLIC HEARING COUNCIL OF THE APPROPRIATING PERFORMING ARTS MARKETING FUND YEAR BILLBOARD PERFORMING ARTS 8. BILLS, THIRD READING BILL NO. ON A BILL OF THE COMMON CITY OF SOUTH BEND, INDIANA, $10,200 FROM THE MORRIS CENTER AND PALAIS ROYALE (FUND NUMBER 273) FOR A ONE LEASE TO MARKET THE MORRIS CENTER TIME: 01 -10 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CI'T'Y OF SOUTH BEND, INDIANA 07 -10 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN'S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST /WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH /SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET, SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY 12 -10 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET 10-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2010 FOR VARIOUS EXPENDITURES 11 -10 THIRD READING COUNCIL OF THE APPROPRIATING PERFORMING ART MARKETING FUND YEAR BILLBOARD PERFORMING ARTS 9. RESOLUTIONS BILL NO. ON A BILL OF THE COMMON CITY OF SOUTH BEND, INDIANA, $10,200 FROM THE MORRIS S CENTER AND PALAIS ROYALE (FUND NUMBER 273) FOR A ONE LEASE TO MARKET THE MORRIS CENTER 10--11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NO. 14 & 15 ON VORDEN PARKWAY ADJACENT TO 3751 OLIVE ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SIX (5) YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS, LLC 10 -12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING THE CITY AS A RECOVERY ZONE 10. BILLS, FIRST READING BILL NO. 14--10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA 15 -10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 521 ECLIPSE PLACE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 2, IN THE CITY OF SOUTH BEND, INDIANA 16 -10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DIS'T`RICT NO. 1, IN THE CITY OF ,SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14, ADJOURNMENT TIME: February 10, 2010 Mr. John Voorde South. Bend City Clerk County -City Building, Suite 400 227 West Jefferson Blvd. South Bend, hidiana 46601 RE: Ray and Joan Kroc Corps Community Center Rezoning Petition Revision Dear Mr. Voorde: 051.60.02 On January 5, 2010, we submitted a petition for rezoning the site of the proposed Kroc Center to Planned Unit Development.. That petition has had first reading by the Common Council. The Area Plan Commission has scheduled a public hearing in their February 16, 2010 meeting. On behalf of The Salvation Army, the owner and operator of the facility, we are requesting an amendment to the petition to reduce the area included in the Planned Unit Developrrzent. . The original,petition submitted in January had the current owners of the property as co- petitioners. The current owners of the original petition area are: City of South Bend Parks & Recreation Board of Commissioners City of South Bend Board of Public Works South Bend Heritage Sherry John and Janette Miller The petition submitted in January had not been signed by Ms. John and Ms. Miller, but the other- three property owners had signed it. After several discussions, with Burkhart Advertising, which leases the John/Miller- property for an off - premises advertising sign, about provisions in the Planned Unit Development for their sign, we have decided to ornit the John/Miller property, and the South Bend Heritage property west of it, from the project area in order to be able to complete the rezoning process prior to the n1anned comrn.e*teerrient of construction of the Center in May. The area north of Western Avenue is shown on the site plan as being used for vehicle parking, with construction of that parking area as a second development phase. The primary purpose of that parking lot is for staff parking so that parking closer to the 550 Union Sueet, Mishawaka, IN 46544 P 57=.259.9976 P 574.259.9982 wmv.troyergroup.com ���� AIV. John Foorrle Febiwar)r 10, 2010 fag`' building would be available to patrons. We do ljot believe that the requested reduction of the project area, or reduction of the nuanber parking spaces available in the second phase parking lot rr 1� to 5: ,;rill have z1 adverse impact ___ llI, -- tl:P_. p1' jert T11P_.rfw it �1P 254 parking spaces in the initial construction phase south of Western Avenue, 12 more spaces than we have estimated are necessary for the facility. If the property we are now requesting be deleted from the rezoning petition area is later acquired by The Salvation Army, it is in a Mixed Use zoning district. Parking for the Kroc Center could be added without rezoning it. Including that area in the current rezoning petition is not necessary for later use as additional parking. Attached are copies of the required. petition documents revised for reduction of the rezoning area north. of Western Avenue. The Salvation Airy has not yet completed acquisition of the property. We will ask the three remaining owners of the property to sign the revised rezoning petition application. Due to the meeting schedule of the South Bend Park Board, we will not have signed, revised petitions for the Area Plan Commission hearing, but we expect to have them before the rezoning is decided by the Common Council. Included with the revised petition are signed copies of three agreements with owners of other parking facilities in the vicinity of the Kroe Center indicating their willingness to allow the Kroc Center to use their parking lots for a special event that Haight exceed the parking available at the Center. Not all of those agreements were signed when the original petition was submitted. The Salvation Army requests that the City proceed with the rezoning process with a slightly reduced area to be rezoned, and a revised site plan. A few other minor revisions and clarifications have been made at the request of the Area flan Commission staff. if you have any questions regarding the petition, or this request, please contact me. Sincerely, Gerald iZ. Phipps, PE Copies to: Major Bob Webster, The Salvation Army Jeff Gibney, City of South Bend Robert Henry, South Bend Parks & Recreation Board Gary CTilot, Ply, South Bend Board of Public Works Phillip Byrd, South Bend Heritage Brace Vanderbeek, Burkhart Advertising John Byorni, Area Plan Commission GRftp G'tiProjectslC315rrlvatio+r 4rr+t }:1051 CO- 0�lproject- i+rfoll5 apprnraflre oningpelitior:2- 4- Mrevisio+r letter r122 �EK 11 IN 550 Union Street, Mishawaka, IN 46544 P 574.259.9976 k 574.259.9982 www 4 '�v'. A ,4r rgroup.com ORDINANCE NO° AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY Chapin Street, Norfolk Southern Railroad, Laurel Street, and the first alley north of Western Avenue, Councilmanic District. 2, IN THE CITY OF SOUTH BEM), INDIANA. STATEMENT OF PURPOSE AN INTENT The intent is to rezone the proposed land from several districts to a Planned Unit Development for construction and operation of a community center and assembly space for religious use, with required vehicle parking. Several variances and special exceptions would be required for the development to be located in the current multiple districts, or in any other single district. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No.: 9495 -04 is amended, which ordinance is commonly knows as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate, Parcels A and B, in the City of South Bend, St. Joseph County, State of Indiana: Parcel A Parcel of land situate in the Southeast Quarter of Section 11., Township 37 North, Range 2 East, City of South Bend, County of St. Joseph, and State of Indiana and more particularly bounded and described as follows: Beginning at a point 60.00 feet South and 20.00 feet East of the centerline intersection of Western Avenue and Laurel Street; thence along an assumed bearing of North 89 degrees 54' 24" East, parallel to and 60.00 feet South of the centerline of Western Avenue, 466.28 feet; thence along a 172.00 foot radius curve to the right having an arc length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 82 degrees 03' 06" East; thence along a 57.00 foot radius curve to the right having an arc length of 57.47 feet, a chord length of 55.07 feet and a chord bearing of South 45 degrees 07' 36" East; thence along a 172.00 foot radius curve to the right having an arc length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 08 degrees 12' 06" East; thence Sousa 00 degrees 10' 06" East 150.55 feet along the West line of Chapin Street; thence continuing South 04 degrees 44' 36" East 150.48 feet along the West line of Chapin Street; thence continuing South 00 degrees 10' 06" East 405.34 feet along the West line of Chapin Street; thence South 89 degrees 54' 24 "' West 41.67 feet; thence along a 5,829.98 foot radius curve to the right having an are length of 160.69 feet, a chord length of 160.68 feet and a chord bearing of North 73 degrees 37' 33" West; thence North 86 degrees 16' 05" West 77.87 feet; thence North 73 degrees 22' 05" West 51.54 feet: thence North 00 degrees 10' 51" West 22.69 feet; thence North 74 degrees 23' 21" West 138.37 feet; thence North 00 degrees 17' 51" West 19.44 feet; thence North 73 degrees 47' S 1" West 141.36 feet to the centerline of Laurel Street; thence Naih 00 degrees l.0' 06" i�Test along the centerline of Laurel Street 13939 feet; thence North 89 degrees 49" 54" East 20.00 feet to the East line of Laurel Street, thence North 00 degrees 10' O6" West along a line parallel to and 20.00 feet East of the centerline of Laurel Street 474.92 feet to the point of beginning, containing 9.45 acres, more or less. Parcel B Lots 12, 11 and the east 40' of Lot 10, of Ruckman's Subdivison of Bank Outlet 75, be and the same is hereby established as a Planned Unit Development District. SECTION 7I., This ordinance shall be in full force and. effect from and after its passage by the Conuuon Council., approval by the Mayor, and legal publication. Attest: City Clerk �, U Member of the Cormnon CAncil t 7 5' Presented by nee to the Mayor of the City of South Bend, Indiana on the 2010, at o'clock n.. Approved and signed by nne on. the — V � `s PJ FA.:; r PASSED City Clerk day of , day of . , 2010, At o'clock Mayor of the City of South Indiana filed In Covi',(z CrffHca FEB 20110 Date Filed: 1 -5 -10 Date Revised: 2 -5 -10 )i�'IA Application No. Date received by the Area Plan Con-in-fission ----------------------------------------------------------------------------------- We the undersigned make application to the Common Council of the City of South Bend, lndiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is bounded by: Parcel A: Chapin Street, Norfolk Southern Railroad, Laurel Street and Western Avenue. Parcel B: Western Avenue, Pine Street, the first alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckman's Subdivision of Bank Outlot 75. 2) Name and address of property owner(s) of the petition site: City of South Bend Board of Public Works 1300 County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 City of South. Bead Parks & Recreation Board of Conjunissioners 312 East Walter St. South Bead, Tr diana 46614 South Bead Heritage Foundation, face South Bend Heritage Properties, LLC 803 Lincoln. Way West South Bend, INT 46616 3) Name and address of contingent purchaser(s), if applicable: The Salvation Army 303 S. Chapin Street. South Bend, IN 46601 4) It is desired and requested that this property be rezoned: F i ' . .... :a .g r` U J G:Tro}ects"O3 Salvatioa Army\ o51b0- 021 a) roject- infe125- apprav0're7aninL' peti.tian 2- 4- iMapplication 2- A- l0.doc Front ` -GB" Generat Building District for Lots 14, 15, 20, and 21, the vacated alley between vacated Pine Street and Chapin Street, and the east half of vacated Pine Street west of Lots 20 and 21, Erastus Perkins' 2'd Subdivision of Bank. Outlot 76. From "MF2" High Density Multifamily District for Lots 17, 18, 19, 23 and 24 of Ruckrnan's Subdivision of Bank Outlot 75; and Lots A through G, inclusive, of Farrington's Subdivision; and Lots 1 through 8, inclusive, of Buysse's Subdivision; and Lots 1 through 13, Lots 17 through 19, and Lots 22 through 29, inclusive, of Erastus Perkins' 2nd Subdivision of Bank Outlot 76; and vacated Pine Street from east of Lot 26 to Western Avenue; and vacated Perkins Street from Laurel Street to Chapin Street; and the vacated north -south alleys between vacated Pine Street and Chapin Street; and the vacated east -west alley north of Lot 4 of Buysse's Subdivision; and the vacated east -west alley between vacated Perkins Street and Western Avenue from Laurel Street to Chapin Street; and the vacated north -south alley south of vacated Perkins Street between Laurel Street and vacated Pine Street, From "MU" Mixed Use District for Lots 12, 11 and the east 26 feet of Lot 10, William Ruckman's Subdivision of Bank Outlot 75 to "PUD" Planned Unit Development 5) This rezoning is requested to allow the following uses: Community Center and assembly space for religious use. 6) The legal description of the property is attached. 7) Attached is (a) Legal description of the property; (b) Seventeen (17) preliminary site plans; (c) A statement of puzTose and intent; (d) a list of names and addresses for all property owners and. the tax keyed numbers for all properties within 300 feet of the petition property; (e) Addressed, stamped envelopes for all property owners within 300 feet of the petition property; (f) A location map; (g) parking space justification data; and (h) agreements for supplementary parking. Signatures) of all property owners City of South Bend, Indiana Board of Public Works Gary A. Gilot, PE, President G:\pro}ects1C31SaIN -ation A-rm} =107160- 021 proiect- Enfal25- app'c)vaIVezon ill .a petition 2- 4- 10lapplicatior 2- 4- 10.doc City of South Bend, L- idiana Parks & Recreation Board of Con=ssioners Robert Henry, President South Bend Heritage Foundation, Inc. South Bend Heritage Properties, LLC Phillip Byrd, Executive Director Petition Prepared By: The Troyer Group, Inc. 550 Union Street Mishawaka, IN 46544 574 -259 -9976 Contact: Gerald R. Phipps, PE G;1Pro;ccFS1C31SzIlatio�3 Arai �10516C7 02.lpraject info125 ai,proval`sea_onirig petition 2- 4- IMapplication 2.- 4- 10.doc Legal �escr °i�tion — rarc e t Pin ed J ril ��v�lo r ent Parcel A Parcel of land situate in the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, County of St. Joseph, and State of Indiana and more particularly bounded and described as follows- Beginning at a point 60.00 feet South and 20.00 feet East of the centerline intersection of Western Avenue and Laurel Street; thence along an assumed bearing of North 89 degrees 54' 24" East, parallel to and 60.00 feet South of the centerline of Western Avenue, 466.28 feet; thence along a 172.00 foot radius curve to the right having an are length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 82 degrees 03' 06" East; thence along a 57.00 foot radius curve to the right having an arc length of 57.47 feet, a chord length of 55.07 feet and a chord bearing of South 45 degrees 07' 36" East; thence along a 172.00 foot radius curve to the right having an are length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 08 degrees 12' 06" East; thence South 00 degrees 10' 06" East 150.55 feet along the West line of Chapin Street; thence continuing South 04 degrees 44' 36" East 150.48 feet along the West line of Chapin Street; thence continuing South 00 degrees 10' 06" East 405.34 feet along the West line of Chapin Street; thence South 89 degrees 54' 24" West 41.67 feet; thence along a 5,829.98 foot radius curve to the right having an are length of 160.69 feet, a chord length of 160.68 feet and a chord bearing of North 73 degrees 37' 33" West; thence North 86 degrees 16' 05" West 77.87 feet; thence North 73 degrees 22' 05" West 51.54 feet; thence North 00 degrees 10' S1" West 22.69 feet; thence North 74 degrees 23' 21" West 138.37 feet; thence North 00 degrees 17' 51" West 19.44 feet; thence North 73 degrees 47' S1" West 141.36 feet to the centerline of Laurel Street; thence North 00 degrees 10' 06" West along the centerline of Laurel Street 139.39 feet; thence North 89 degrees 49" 54" East 20.00 feet to the East line of Laurel Street-, thence North 00 degrees 10' 06" West along a line parallel to and 20.00 feet East of the centerline of Laurel Street 47492 feet to the point of beginning, containing 9.45 acres, more or less. Parcel B Lots 12, 11 and the east 40' of Lot 10, of Ruckraan's Subdivison of Bank Outlet 75, City of South Bend, County of St. Joseph, Indiana. GAProjects\C3\Salvation At7ny \05160 -d2l project- iiifo\25- approvalv-ezoning petition 2 -4- IOVegal descr2- 4- 10.doc Area Plan fission of St. Joseph County t 14 0 �- oi- :1€tv- C lsy BLlaidkei South Bend, Indiana 46601 John W. Byorni Executive Director Larry P, Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 February 17, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of City of South Bend Board of Public Works, et at to zone from GB General Business District, MF2 High Density Multifamily District, and ML Mixed Use District to PUD Planned Unit Development, property located at Parcel A: bounded by Chapin Street, the Norfolk Southern Railroad, Laurel Street and Western Avenue; Parcel B: bounded by Pine Street, Western Avenue, the first east/west alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckman's Subdivision of Bank Outlot 75, City of South Bend - APC# 2544 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of City of South Bend Board of Public Works, et al was legally advertised on Thursday, February 4, 2010 and that the Area Plan Commission at its public hearing on Tuesday, February 16, 2010 took the following action: Upon a motion by John DeLee, being seconded by Jack Melt and unanimously carried, with Gerry Phipps abstaining, the proposed ordinance of City of South Bend Board of Public Works, et al to zone from GB General Business District, MF2 High Density Multifamily District, and MU Mixed Use District to PUTD Planned Unit Development, property located at Parcel A: bounded by Chapin Street, the Norfolk Southern Railroad, Laurel Street and Western Avenue; Parcel B: bounded by Pine Street, Western Avenue, the first cast/west alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckrnan's Subdivision of Bank Outlot 75, City of South Bend is sent to the Connmon Council with a favorable recommendation_ The development will not only be an asset to the immediate neighborhood, but to the City of South Bend by increasing the attraction of the area as a recreational and commercial destination. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Ohn W. By. JWB:jsc Attachment CC: City of South Bend Board of Public Works, et at The Salvation Army The Troyer Group. Inc. Serving South Bend, Lakeville, New Carlisle, North liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Ort AFC # 2544 -10 Owner: City of South Bend Board of Public Works, a al Location: Parcel A: boundod by Chapin Street, the Norfolk Southern railroad, Laurel Street and Western Avenue; Parcel 13: bounded by Pine Street, Western Avenue, the first east /west alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckman's Subdivision of Bank Outlot 75. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from GB General Business District, MF2 High Density Multifamily District, and MU Mixed Use District to PUD Planned Unit Development to allow Community Center and assembly space for religious use. Community Center uses includes gymnasium, performance auditorium for religious gatherings, swimming pool, and classrooms. Outdoor uses include on and off site parking and potential playground_. Land Uses and Zonin ®: On site: Parcel A (Phase 1) is Oliver Park. Parcel B (Phase 11) is vacant. North: To the north across Western Avenue is vacant land zoned CB Community Business District. East: To the east, across Chapin Street, is multi- family housing zoned MF2 High - Density Multifamily District. To the northeast is a multi - tenant commercial center, zoned CB Community Business District. South.: To the south are railroad tracks (unzoned) with an industrial park zoned GI General Industrial District south of the tracks. West: To the west, across Laurel Street, are apartments zoned MF1 Urban Corridor Multifamily District. To the northwest is a billboard, the Elks Club and a church zoned MU Mixed Use District. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. Site plan. description: The site plan shows a 72,310 square foot community center building covering 16% of the site. Open space, which include athletic fields and a playground comprises 205,083 square feet or 46% of the site. There are 254 parking spaces on -site, and an additional 51 parking spaces across Western Avenue. These paved areas cover 39% of the site. The perimeter, foundation, and interior off- street area landscaping as presented is similar to the City of South Bend landscaping requirements. Zoning and land use history & trends: In 1966, both sides of Chapin were rezoned multifamily for housing (APC# 36 -66). City of South Bend Board of Public Works, et al #2544- -10 Page l of I Trai`fic and tran.sisortat*0n co si.derattni s: There is a traffic signal at the intersection of Western and Chapin. Western and Chapin have lour lanes with right and left turn lanes. Laurel has two lanes. The cul -de -sac at the south end of Laurel will need to be vacated. There will be access from Laurel Street and Chapin Street. The Chapin Street access will be a right -in, right -out only. Additional information! (Agency comments) The Engineering Division has coordinated with the developer's engineer to create the drainage and access plan. There is no objection to this preliminary site plan. The Staff recommends that the size and height of the entry sign on Laurel be reduced. As shown, the sign is 6 feet tall and has an area of o square feet. The Staff recommends the sign conform to the standards of the higher intensity commercial and industrial districts, where the maximum height is 4 feet and the maximum square footage is 6 feet. 5 Ca-iteria (per IC 36 -7 -4 -643): I. Comprehensive Purr: Policy Plan: cily Plan South Send Com reg erisive Plan. November 2006 LU 2: Encourage a compatible mix of land uses in the community. LU3.2 Encourage pedestrian - oriented, mixed -use development in the CB D. Land Use Purr: The Future Land Use Plan designates this area as parks and open space. Flan irnplementationl0ther Puns: Westem Avenue Commercial Corridor Revitalization Action Plan. June 1999 The intersection of Western and Chapin already has some shopping and should be further developed as a gateway. However, the area between Walnut Street and Chapin Street contains many vacant or underutilized commercial buildings, vacant lots, and various small businesses_ A Vision Plan for the Corrrmercial Corridnr of: The Western Avenue of South Bend. Indiana, February 2003 The Community Feedback Report noted that organized activities/sports for young people would add quality of life to Western Avenue, 2. Current conditions and character: plus the This area has residential in the two multi - family developments bordering the project area, p single family neighborhood to the north of Western. Also in the neighborhood is a retail center and a church. The proposed use will replace an under - utilized park. 3. Most desirable ease: The most desirable use would benefit the surrounding neighborhoods by replacing an under- utilized park with organized recreational activities. 4. Conservation Of property values: It is the staffs opinion that nearby property values should not be adversely affected. 5. Responsible development and growth: The site is currently developed as a park. This community center has the potential to increase the attraction of the area as a commercial and recreational destination. City of South Bend Board of Public Works, et al 92544-10 Page2of2 Recommendation: Based on information available prior to the public hearing, the staff recom=mends that the periti.on be sent to the Common Council with a favorable recommendation subject to the entry sign on Laurel Street being reduced to a Height of 4 feet and 6 square feet in area- Analysis: TIie development will not only be an asset to the immediate r;eighborhood, but to the City of South Bend by increasing the attraction of the area as a recreational and commercial destination. City of South Bend Board of Pubtic Works, et al - 2544 --1 Q Page 3 of 3 11MUT1 MIXED USEr § GENERAL sy: AND T'MF2'T TIP UD" PLANNED UNIT DEVELOPMEHT DISTRICT SOUTH BEND "SFE'S €N la LEFAhAIL-I TWOFAMILYDISTRICT SOUTH BEND "MF'1" URBAN C0RRIDOP hdULTIFR4W1 Uf DISTRICT SOUTH BEND "W21 HIiaH- DENSITY MU1_TIFAAMILY DISTRICT SOUTH BEND "t "iU" 1U1IxED USE D €STRICT SOUTH BEN D "CB" COKII,11JNM BUSINESS DISTRICT SOIJTH BEPFD "GB "(:ENERA.LDUSINES.S COIJTH DEN T' "it "OENERALINDI13TRIA.LDI3TRICT �J 7 5 1 inch 2.00 feet a Page; 1 of I Janice Talboorn - Fwd. Kroc Center Rezoning From. "Christa Nayder" To: Date, 3/4/2010 11.05 AM Subject-. Fwd; Kroc Center Rezoning 4 gyp} � � 8 Christa Nayder Planner Area Plan Commission 574- 235 -9571 cnayder @ co.st- Joseph. i n. us >>> "Gerry Phipps" <grp @troyergroup.com> 3/4/2010 9:18 AM >>> Ms. Talboorn, On behalf of the Salvation Army, we request that the Common Council continue consideration of rezoning of the Kroc Center property to their March 22, 2010 meeting. The revised rezoning petition will not be signed by all property owners before the Council's March 8 meeting. The revised rezoning petition needs to be signed by the South Bend Park Board and they do not meet again until March 15, 2010. The rezoning petition is on the agenda for that meeting. We expect the Board of Public Works will approve the revised petition in their meeting on March 8. We are also proceeding with a petition for vacation of the cul -de -sac at the south end of Laurel Street to be able to provide the parking shown on the Planned Unit Development site plan. We are expecting the first reading of that petition will also be on the Council's agenda for the March 22 meeting. The Salvation Army is planning to give the Council a report on Kroc Center land acquisition, replatting and the construction schedule at that meeting. If you have questions please call at 259 -9976, or reply. Gerry Phipps y��tw file: / /C:\Documents aild Sett1ngsl,ITALB00M\Loca1 Settings \Teiiip\XPgrpwise14B8F93EI... 3/4/2010 (j By and Among THE CITY OF SOUTH BEND, INDIANA Acting by and Through its BOARD OF PUBLIC WORDS and its BOARD OF PARK COMMISSION, SOUTH BENT) HERITAGE FOUNDATION, INC. and THE SALVATION ARMY The Ray and ,Toast Igoe Corps Community Center Project !& JV , 2007 THIS MEMORANDUM OF UNDERSTANDING, made effective the 16, Lday of tSU, 2007, is entered into by and among THE CITY OF SOUTH BEND, INDIANA acting by and through its BOARD OIL PUBLIC WORKS And Its BOARD OF PARK COMMISSIONERS; SOUTH BEND HERITAGE ]FOUNDA.TTON, INC.; and THE SALVATION ARMY, AN ILLINOIS CORPORATION. RECITALS WHEREAS, The Salvation Army Inc., an Illinois Corporation ( "Corporation ") is a not- for- profit corporation having its offices at 10 W. Algonquin Road, Des Plaines, Illinois 60016; and WHEREAS, the Corporation conducts business in South Bend, Indiana and the Corporation holds title to real property situated in Indiana through the The FS'alvution .Army, an Illinois Corporation; and WHEREAS, one of the Corporation's missions is to work with local communities and facilitate development by establishing and implementing programs that are based upon various community initiatives; and WHEREAS, the Corporation is the recipient of a grant from Mrs, Joan Kroc, widow of McDonald's founder Ray Kroe, to develop and build a number of Salvation Army facilities supported in part by the local community that would assist The Salvation Army in carrying out its mission ( "Ray and Joan if roc Corps Corrnmunity Center "); and WHEREAS, the City of South Bend, Indiana, is currently being considered as a potential site for a Ray and Joan Kroc Corps Community Center ( "RJKCCC ") to be located near the intersection of Chapin Street and Western Avenue on real property that is owned or will be awned by the City of South Bend; and WHEREAS, the City of South Bend may dispose of real property through its Board of Public Works ( "Works Board ") pursuant to I.C. 36 -1 -11 and through its Board. of Park Commissioners ("Park Comtrnission ") pursuant to I.C. 36 -14 -3 and may dispose of real property without restriction to an Indiana not -for- profit corporation pursuant to I.C. 36- 1- 11- 1(a)(7) (the Works Board and Park Commission are collectively referenced hereinafter as the "City "); and WHEREAS, South Bend Heritage Foundation, Inc. ( "SBHF" ), is an Indiana not - for - profit corporation meeting the requirements of I.C. 36- 1- 11- 1(a)(7), and was created for the purpose of planning, directing and coordinating economic and community revitalization within the City of South Bend; and WHEREAS, SBHF is willing to assist the City and The Salvation Army in the development of the RJKCCC ( "Project ") and the City and The Salvation Army desire to avail themselves of SBHF's expertise and services; and WHEREAS, the City, The Salvation Army and SBHF hereby agree that the Project as proposed in this Memorandum of Understanding is in the parties' mutual best interests and that the best interests of the citizens of South Bend will be served by the City, The Salvation Army and SBHF working together to accomplish the Project. NOW, THEREFORE, the Parties hereby represent and agree as follows: d. PURPOSE. The purpose of this Memorandum of Understanding ( "MOU ") is to set forth the discussions that the City, The Salvation Army and SBHF have had with one another to date with respect to the Project. The executed MOLT shall be a non - binding document that expresses the intent of each of the Parties at the time this MOU is executed. The City, The Salvation Array and SBHF each hereby acknowledge that this MOU does not give rise to any binding contractual obligations arnong or between the Parties. The Parties also acknowledge the need to more fully express the terms related to items set forth herein and the need to reach final agreement in the future on the specific terms of any future development. The definitive terms of agreement for any future development related to the Project shall be further set forth in separate agreements between the City and SBHF and between Salvation Army and SBHF (collectively referenced as the "Agreements "). 2 M=final (3) This MOU is a statement of the Parties' mutual good faith intentions to proceed with the .Project described herein. Any final agreement as to terms shall be set forth in the Agreements and shall be subject to the appropriate resolutions and approvals of the parties' respective governing bodies. In the event that definitive Agreements cannot be successfully .negotiated and executed, this MOU does not create any legally binding obligation among or between the Parties. Ii. CITY'S COMMITMENTS. A. General Commitment Concerning Project Site Assembly, The City will facilitate the Project by assembling a Project Site at little or no consideration to The Salvation Army, subject to the requirements and restrictions of Indiana law governing disposition of real property. The Project Site shall be composed of real property that is depicted at Exhibit "AI "attached hereto and incorporated herein and is more particularly described legally at Exhibit `A2" attached hereto and incorporated herein. The City, through its Board of Public Works, is in the process of acquiring title from Rhodes Investment Corporation to the real property depicted and described at Exhibits "Al" and `A2" as Pay-eel A ("Rhodes Property "). The Parties acknowledge that there are taxes and penalties owing on the Rhodes Property that impair the economic feasibility of the Project. The City is one of the primary beneficiaries of said taxes and is agreeable to waiving its proportionate share thereof in order to facilitate the Project. The Parties also understand that I.C, 6- 1.1 -36 -7 requires that the City petition for tax relief to the Department of Local Government Finance and as such, requires that the City hold title to the Rhodes Property until the petition has been granted. The real property depicted and described at Exhihita "A] "' and "A2" as Parcel B ( "Alonzo Watson Park ") is under the control, custody and care of the City's _Board of Park Commissioners. As permitted by Indiana law, the Park Commission shall undertake separate actions to dispose of Alonzo Watson Dark in order to facilitate the Project. B. Board of Public Works. Pursuant to the powers granted by Indiana law and consistent with the legal process by which the Works Board is bound, the Works Board agrees to undertake the following actions: 1. Adopt a resolution accepting transfer of the Rhodes Property from Rhodes Investment Corporation and close said acquisition at a date and time to be mutually agreed upon; and MOMfinal (3) I Take those actions necessary for relief of taxes and penalties owning on the Rhodes Property including, but not limited to, the filing of a petition to the Department of Local Government Finance; and 3. After actions related to the relief of taxes are completed, the Works Board shall adopt a resolution approving transfer of the Rhodes Property to SBHF for the sum of Ten and 00/100 Dollars ($10.00) as permitted by I.C. 36- 1- 11- 1(a)(7). Transfer of the Rhodes Property to SBHF shall be contingent upon SBHF providing satisfactory evidence to the Works Board that SBHF and The Salvation Army have each executed a binding agreement concerning development of the Project which agreement shall include the following terms and conditions: a. SBHF shall accept transfer of the Project Site from the City in "as is" condition by way of quit claim deeds issued by the Works Board and the Park Commission, respectively for the sure of Ten and 00 /100 Dollars ($10.00), respectively, and subject to easements and restrictions of record as shown on a title commitnIent policy issued by Meridian Title Corporation, the cost of said title commitment shall be .paid by City; and b. Upon evidence satisfactory to the City and to SBHF that The Salvation Army has been approved to complete the development and construction of the RJKCCC on the Project Site; SBHF shall then transfer the assembled Project Site to Salvation Army in "as is" condition by way of quit claim deed for the sum of Ten and 00/100 Dollars ($10.00). Such transfer of property from SBHF to The Salvation Army is contingent upon The Salvation Army's written agreement that The Salvation Army: i. shall utilize the real_ property constituting the Project Site for development and construction of the RJKCCC and for no other purpose; and ii, shall commence construction on the RJKCCC within twelve (12) months: of accepting title to the Project Site from SBHF ('Construction Commencement Date "), providing that zoning has been approved and all building permits have been secured; and i.iL shall qualify for a certificate of occupancy to be issued by the Building Commissioner within three (3) years of the Construction Commencement Date ( "Oempancy Date "); and MOU2finai (3) iv, shall provide for reversion of title to the real property constituting the Project Site to the City in the event that The Salvation Army does not meet its obligation to commence construction of the RJKCCC within twelve (12) months of accepting title to The Project; and V. shall require The Salvation Army to provide written notice to the City Attorney for the City of South Bend of any change in circumstances that would prevent The Salvation Army from completing its development obligations with respect to completion and operation of the RJKCCC. C. Board of Park Corranissioncrs. Pursuant to the powers granted by Indiana law and consistent with the legal process by which the Park Commission is bound, the Park Commission agrees to undertake those steps necessary to effect the transfer to SBHF of Alonzo Watson Park which is depicted and described at Exhibits "AI" and `A2" Parcel B. Transfer of Alonzo Watson Park to SBHF shall be subject to the terms and conditions described at Section II(B)(3), above. The Parties acknowledge and understand that the legal actions necessary for the Park Commission to complete transfer of Alonzo Watson Park to The Salvation Army through SBHF shall include the adoption of a resolution by the Park Commission authorizing transfer of Alonzo Watson Park and a resolution by the South Bend Common Council approving the transfer. 111. SOUTH BEND BE, RITAGE FOUNDATION ON COMMITMENTS. SBHF agrees to facilitate the Project by providing its expertise and services concerning site assembly for the Project and disposition of real property received from the City to The Salvation Anny. SBHF shall execute a written agreement with The Salvation Army providing for completion of the Project and said agreement shall include those terms and conditions described at Section II(B)(3), above. SI31.1F shall provide the Works Board and the Park Commission with duplicate originals of the fully executed agreement between SBHF and The Salvation Army prior to the City malting any transfer of property related to the Project, Upon the City receiving such satisfactory evidence of a binding agreement between SI3HF and The Salvation Army and that the financing necessary to complete the Project has been awarded to The Salvation Army, SBHF shall accept title to the real property constituting the Project Site from the Works Board and Park Commission, respectively, for the sum of Ten and 00 /100 Dollars ($10.04) for each of the two (2) parcels constituting the Project Site. Such conveyance from City to SBHF shall be in "as is" condition by way of a quit claim deed, subject to all restrictions and easements of 5 MOC32f naf (3) record, as shown on a title commitment policy issued by Meridian Title Corporation. In the event that the Project does not proceed for any reason whatsoever, SBHF shall disclaim any right or interest in the Project Site and shall take those steps necessary to ensure that title to the real property constituting the Project Site is revested in the City. IV. SALVATION ARMY COMMITMENTS. The Salvation Array shall execute an agreement with SBHF providing for acceptance of title to the Project Site and completion of the Project. Said agreement shall include those terms and conditions described at Section II(B)(3), above. The Salvation Army understands that the City will not make any transfer of real property constituting to the Project Site to SBHF or to The Salvation Army until the Works Board and the .Parr Commission have each received (i) duplicate originals of a fully executed agreement between SBHF and The Salvation Army and (ii) satisfactory evidence that The Salvation Army has approvals necessary to proceed with the Project and (iii) that The Salvation Army has all funds necessary to complete the Project. The Salvation Army shall accept title to the real property constituting the Project Site from SBHF for the sum of Twenty and 001100 Dollars ($20.00) for each of the two (2) parcels constituting the Project Site depicted and described at Exhibits "Al" and "A2" as Parcel A and Parcel B. Such conveyance of property from SBHF to The Salvation Army shall be in "as is" condition by way of a quit claim deed and shall be subject to all restrictions and easements of record as shown on a title commitment policy issued by Meridian 'Title Corporation. In the event that the Project does not proceed for any reason whatsoever, The Salvation Army shall disclaun any right or interest in the Project Site and shall take those steps necessary to ensure that title to the real property constituting the Project Site is reverted in the City. V. MISCELLANSOUS. I. The Parties agree to continue to work together to develop a plan for Project Site development and construction on the Project Site that is consistent with the City's design guidelines for the Project area. 2. In entering into this MQU, the City has relied upon The Salvation Array's representation that The Salvation Army will construct a RJKCCC on the Project Site for the purpose of Rilfilling its mission, and the Center will be available for use and enjoyment by the citizens of South Bend and the surrounding area. 3. This transaction shall not proceed beyond the execution of this non- binding MOU in the event that The Salvation Army and SBHF do not enter into an agreement concerning development of the Project Site as described in Section III above. 6 MoU2finni (3) 4. This MOU may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which shall constitute but one and the same agreement. 5. The undersigned persons executing and delivering this MOU on behalf of the respective Party represent and certify that they arc the duly elected officers of each and have been firlly empowered, by proper resolution of the Board of Directors to execute and deliver this MOU and that all necessary corporate action has been takes and done. [SIGNATURE PAGES ATTACHED] MOU2final (3) OWN I M-1 101,111 igrr rtr-e 14 O)Lo7-, Owc---sw),��w7- Jr R {i,iln: v fU N noW57me an its 61t. C z � igrratrrre� Prime anre arse ATTEST: fox P. Printed awe and We MOU2f na[ (3) t �f- ,giralure Printed acre an its ATTEST: igrrature rune �1 � cue an it e MQUMwd (3) SOUTH BEND HERITAGE, FOUNDATION, INC. f�11FYf Prime, &0nallmll e ignalFtre PHhlf,? a-ae ran Tit e ,_,.._ Signature rlf fe F,Tn C Cll m� ATTEST; FOP a! �� t+� mouNfTnal (3) THE SALVATION ARMY jhe Salvation Army An I%nois Npffatian p� lgtratr�re ROBERTA. DOLIB{E�R PPilflel7 �li�Q17FL' Ql7 Fi E l&mnlrn�e �. T Prinf-R Name att I if e i3 g fire — YlnfB r QiNe and Title ATTEST: Ygnatrrre Do Id L. t Cmetary PrInfed r ante art ttle"� MOU2f nal (3) EXHIBIT ",t 391 Diagram of Project Site JN-1 �VAA Lh YO � /Af MOU2iinal (3) Legal Description Parcel A (Rhodes Investment Property) Tax Key Na_ 18 -3058 -2272 PARCEL I; Lots Numbered Fourteen (14) and Fifteen (15) in Erastus Perkins 2nd Subdivision of Bank Out Lot number Seventy -Six (76) of the first plat of Out Lots in the Town (now City) of South Bend, platted by the State Bank of Indiana, excepting that portion of Lot 15 conveyed to in Deed Record; together with the East Half of the vacated alley lying West and adjacent to said Lots. PARCEI.11: Lots Numbered Twenty (20) and Twenty -One (21) in Erastus Perkins 2nd Subdivision. of Bank. Out Lot number Seventy -Six (76) of the first plat of Out Lots in the Town (now City) of South Bend, platted by the State Bank of Indiana, excepting that portion of Lot 15 conveyed to in Deed Record; together with the East Half of the vacated fine Street lying West and adjacent to said Lots. MMflna[ (3) Legal Description, Continued Parcel B (Park Commission Property, alk /a Alonzo Watson Park) Tax Key No. 18- 3058 - 227101. PARCEL 1: Lots Lettered A, B, C, D, E, F and G as shown on the recorded Plat of Farrington's Subdivision of Lots 21 and 22 of Ruckman's Subdivision of Bank Out Lot 75 of the First Plat of Out Lots of the Town (now City) of South Bend, platted by the State Bank of Indiana. PARCEL 11. Lots Numbered One (1) through Eight (8) as shown on the :recorded Plat of Buysse's Subdivision. of Lot Numbered Twenty (20) and the 'Nest Half of Lot Numbered. Nineteen (19) in Ruclunan's Subdivision of Bank Out Lot 75 of the First Plat of Out Lots of the Town (.now City) of South Bend, platted by the State Bank of Indiana. PARCEL III: Lots Numbered Ten (10) through Thirteen (13); Seventeen (17) through Nineteen (19); Twenty -Two (22) through Twenty -Four (24); and all that portion of Lots Numbered Twenty -Five (25) through Twenty -Eight (28) lying Northerly of the Penn Central Railroad as shown on the recorded plat of Erastus Perkins 2 "d Subdivision of the middle part of Bank Out Lot Numbered Seventy Six (76) of the First Plat of Out Lots of the Town (now City) of South Bend, platted by the State Bank of Indiana together with that portion of the vacated Laurel Street lying West and adjacent of Lot Numbered Twenty -Eight (28). PARCEL IV, Lots Numbered One (1) through Nine (9) as shown on the recorded Plat of Perkins ,Subdivision of Bauk Out Lot Numbered. Seventy Six (76) of the First Plat of Out Lots of the Town (now City) of South Bend, platted by the State Bank of Indiana. PARCEL V: Lots Numbered Seventeen (17), Eighteen (18), the East Half of Lot Numbered Nineteen (19), Twenty -Three (23) and Twenty -Hour (24) as shown on the recorded Plat of Ruckinans' Subdivision of Bank. Out Lot Numbered Seventy -Five (75) of the First Plat of Out Lots of the Town. (now City) of South Bend, platted by the State .Bank of Indiana. Together with the vacated streets and alleys bounded by Western Avenue on the North, Chapin Street on the East, the New York Central Railroad Right -of -Way on the South and Laurel Street on. the Wrest. EXCEPTING from the above parcels any portion thereof taken for the widening of Western Avenue and Chapin Street. =CLEKI office Urf MOUMnal (3) February 2, 2010 _ k South Bend Common Council 227 W. Jefferson Blvd. South Bend; IN 46601 GB IilCl ARD ELLIS South Bend, IN 46624 574 237 6000 Tel 574 237 6001 Fax www_[6re.corn /southhend RE: Alley Vacation — A portion of an alley (known as Allen's Alley) to be vacated is described as follows: the first East /West alley North of Washington Street, running West from Michigan Street to the first North /South alley (known as Woodward Court) for the distance of 165 feet, more or less, and a width of 5 feet. Said 5 foot piece being taken off of tlae South side of said alley. Enclosed please find the Petition to Vacate, Ordinance, and all additional required documentation for the closure of the above mentioned alley. The purpose of the vacation of the real property is to add an additional row of panting as part of the 101 N. Michigan St. project. Our request is solely intended to reclaim a small portion that was once part of the property, while clearly desiring to preserve file pedestrian walkway as it exists and see enhancement to it, as it is clearly an asset. Sincerely, Bradley J. Toothaker President CB Richard Ellis I Bradley 202 S. Michigan Street, Suite 200 South Bend, IN 46601 T 574.237.6000 j >~ 574.237.6001 C 574.340.3333 brad. toothaker :(�,s bre,c;om aad 66 @t v e ORDINANCE NO— AN OMNANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A portion of an alley (known as Allen's Alley) to be vacated is described as follows: The first EastlWest alley North of Washington Street, running West from Michigan Street to the first North /South alley (known as Woodward Court) for a distance of 165 feet, more or less, and a width of 5 feet. Said 5 foot piece being taken off of the South side of said alley. 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 first East /West alley North of Washington Street, running West from Michigan Street to the first North/South alley (known as Woodward Court) for a distance of 165 feet, more or less, and a width of 5 feet. Said 5 foot piece being taken off of the South side of said alley. Being part of The Original Town (now City) of South Bend, Portage Township, City of South Bend, St. Joseph County, Indiana. 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, Stir, VVatP,r Control Sts "E1CtL:res and ditches, within '-the vacated right -of -way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: 18 -1002- 007501, 18- 1002 -0076 Section IV. The purpose of the vacation of the real property is to add an additional row of parking to 1 5- 1002 -0076, as part of the 101 N. Michigan St. project. Our request is solely intended to reclaim a small portion that was once part of the property, while clearly desiring to preserve the pedestrian walkway as it exists and see enhancement to it, as it is dearly an asset. 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. Attest: City Clerk UA Member of the Common ouncil Sign llk3• Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at City Clerk o'clock Approved and signed by me on the day of , 2 , at o'clock M. Fitu HIEAR'N' - 3;dn,C }i`r' NOT A-PPROVED REFr,RRER. DdccM Mayor, City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHT S- OF-F� AY (STREETS, GALLEYS) TO TIME COMMON COUNCIL OF THE CITY OF SOUTH SEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS. The first East /West alley North of Washington Street, running West from Michigan Street to the first North /South alley (known as Woodward Court) for a distance of 165 feet, more or less, and a width of 5 feet. Said 5 foot piece being taken off of the South side of said alley. Being part of The Original Town (now City) of South Bend, Portage Township, City of South Bendd, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: NAME (signed & printed) Brad Toothaker RETURN TO: ADDRESS CONTACT PERSON (S) NAME. Brad Toothaker OFFICE OF THE CITY CLERK ADDRESS- P.O. Box 540 JOHN VOORDE, CITY CLERK South Bend, IN 46524 ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 PHONE. (5 74) 237 -6000 574- 235 -9221 LOT tFz�" -1 ! = i--Cr° '�G C`.! rz 13 LEGAL DF- SCRITTION: A poitioll of an alley (known as Allen's Alley) to be vacated is described as follows: the first Fast/West alley North of Washingtoia Street, ? u�minc, West frorri i�Lichigan Street to the first NortIVSouth alley (known as Woodward Court) for a distance of 165 feet, more or less, and a width of 5 feet. Said S foot piece being takejj off of the South side of said alley. Being part of Rie Original Town (i ow City) of South ?BeDd, postage Township, County, Indiana. jnk t f rLI �OIE� y, PARCELED NAIL E iAILI�dGA ®D I AiILI�GC6T AILING TA AILING ZIP INDIANA 018 -1002- LAND TRUST 108 N Main 0075 #12508 Ste 710 South Bend IN 46601 INDIANA 018 -1008- LAND TRUST 108 N Main St 0330 108 -118 Ste 710 South Bend I N 46601 CITY OF SOUTH BEND DEPT OF 018 -1008- REDEVELOP County City 033002 MENT Bldg 0 018 -1002- MICHIGAN 101 N 0076 STREET LLC Michi gan St South Bend IN 46601 1ST SOURCE CORP ATTN 018 -3091- ACCOUNT 347402 DEPT P O Box 1602 South Bend IN 46634 018 -1002- MHM REALTY 2610 0073 LLC Twixwood Ln South Bend IN 46614 018 -1002- 0078 BKT LLC P.o, Box 502 South Bend IN 46624 MICHIGAN STREET LLC 018 -1002- C/O BRAD 0080 TOOTHAKER P.O. Box 540 South Bend IN 46624 f: f CITY OF SOUTH BEND DEPT OF County City 018 -1008- 033501 REDEVELOP MENT 1200 Bldg Room South Bend IN 46601 INDIANA 018 -1008- 033003 LAND TRUST #11298 108 N MAIN ST STE 711 South Bend IN 46601 INDIANA 018 -1008- 0331 LAND TRUST 108/801 108 N Main Suite 711 South Bend IN 46601 CITY OF SOUTH BEND DEPT OF Room 1 200 018 -1008- 033602 REDEVELOP MENT County City Bldg South Bend IN 46601 018 -1002- 0077 MICHIGAN STREET LLC 101 N Michigan St South Bend IN 46601 TARGET 018 -1002- 007501 LEASING CORP 21533 Golden M2ple Ct South Bend IN 46628 INDIANA 018 -1008- 033201 LAND TRUST 108/801 108 N {Main Suite 711 South Bend IN 46601 SOUTH BEND PUBLIC TRANSPORT ATION 227 W 018 -1008- 0322 CORPORATI ON Jefferson Suite 1400 South Bend IN 46601 018 -1002- 0074 SHEINPRI O 127 N Michigan St Seth Band IN 46613 CITY OF SOUTH BEND DEPT OF REDEV %I ST � SOURCE 018 -3091- BANK -ACCT Attn: Jerry 347401 DEPT Mast South Bend III 46601 .Trans H1s1 Hanle Tax ID t Ebr p Pay Year: 2011 r' Tax Type: Real 't l'. r,. Tar. ID Nbr: 018 -10 ©2 -0070 Use %t❑ regreepri c rerfes at characters. D Include Bllling and Tax YripayYr 2010!2011 „ TaxYr201QIPsyYr:2D11 State+Province: Billing Transfer Hist Audit Hist Assessi>=xamptoed 0th Assess. Prep ff t If Mise Names Prop Inta Legal Desc Adjacent Pr1! �g - Owners) of Reeard -- —__.— - f Maiiing Address - — — Yue€i.KingBn Address 1 11R Coin$ Address 1:1dViC01fAX Property Class: X30 Address 2: i Address 2: Property Class Desc COIv11JERCIfiL RESTAURANT MORD : I C aury Code. i Country Code: •' U� neLJ z CRP er Property InforrratIon — --- — _ _.,..,.,_ Tax ID Nbr: @98 liifi2 �D70 ;, Zip Code: 66Gp1 Parcel Number: 7i Ofl -12 711 fll19 6t30 -326'; - Cgy; 5o¢tt1i84icc1 F : Rafe Description: State+Province: Ira I4nnE aw Pr p d! ptid! ess Prope y Type:. ; 4D�tnn�et ciar r j l Property Address: State Properly Type (17Ae1 Address 1 11R Coin$ Property Class: X30 Address 2: Property Class Desc COIv11JERCIfiL RESTAURANT MORD : I C aury Code. i ! 4 U4 Canada Cner 4_ Zip Code: IT ifi6Q1 ^ Gavernment Owned. Trua a F I'e l Cry.. 5 o�rth Send de In e e. aProStatus { game s s Mailing Address ;i -- - — i n ier I Pnne jtombne1 Profile. 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E,7r.7 o' > Nolido C'T1 of IN .,PlJdO � [ N011dO0I 3i"fO ? .. 1 -w f01 L 01 31 AWM 'ONOD � I ),VMC VOd IIVHdsv J Page 1 of 1 � r\ 4 Janice Talboom - Allen's alley partial Vacation of 5 foot strip From, Gary G €lot ®a David Varner; Derek Dieter; Henry Davis; John Voorde; Kathy Farrand; Timothy Rouse; Tom La Fountain Date: 3/3/2010 2:48 PM Subject: Allen's alley partial Vacation of 5 foot strip cc" Bob Urbanski (E- mail); brad. toothake r@cbre.com; Carl Littrell; Charles Leone; Janice Talboom; Jitin Kain; jkain @downtownsouthbend.com; Mary Beth Wisniewski; Stephen Luecke Council, Clerk and Council Attorney - This alley vacation item was tabled at your last meeting by petitioner Brad Toothacre (American Trust Place) when adjacent property owner Bob Urbanski (Noma) expressed concerns through counsel Ken Fedder. We met with Brad and Bob as well as reps from CED, ©TSB and Engineering. We had a good discussion, with each party respecting the others interests. We are drafting compromise language that involves an accommodation while the use is as an interim surface parking lot pending ultimate investment in the planned Phase 2 of American Trust Place structure is built. We will not be able to have this agreement drafted and reviewed by the parties to have paperwork to the Council by the noon deadline tomorrow. The petitioner (Brad) will therefore ask that this be continued one more meeting so we can work this out and hopefully bring forward an agreement supported all impacted parties. Regards, Gary C _r)1,.:r,c"r':�FIc" CA w e °,r1i I-) c. e rii;`i; 0 i1 ', {7is rye ,�`.0 -, j h;�r'•-n ��c,Ii Gary A. Gilot, P.E. Public Works Director President of Board of Public Works City of South Bend 1300 County -City Building South Bend, IN 46601 Phone(574)235 -5923 Fax (574) 235 -9171 Cellphone (574) 876 -7860 file: / /C:1Documents and SettingsUTALBOOMTocal Setting ;s\Temp\XPgrpwise14B8E76DB... 3/3/2010 , i -i DE S R AGE FOUNDATION W3 LINC©ENWAY WEST SOUTH BEND. IN 46616 PHONE (574)289 -1066 FAx (574)289 -4550 i February 17, 2010�- To Whom It May Concern: South Bend Heritage foundation (SBHF), on behalf of Historic Dunbar Corner Partnership, is requesting the vacation of the following alley: The first North/South alley East of LaPorte Avenue along Colfax Avenue to the first East/West alley for a distance of 198 feet, more or less and a width of 8 feet. Being part of Dunbar's Sub. Of bank Outlots 31 & 32 to the City of South Bend, St_ Joseph County, Indiana SBHF owns and operates historic Dunbar Corners Apartments, located to the immediate west of the alley. Upon completion of a recent property survey it was determined that the house located at 902 Colfax (part of Dunbar Corners Apts.) is 7" over the property line - into the alley. In addition, this alley is no longer used — it is very narrow alley, only 8' wide, so it is difficult for a vehicle to fit through and the area is grown over by grass as no vehicle (neighbor or City related) travels down the alleyway. If you have any questions, please feel free to contact Liz Maradik at 259 -1066 x 221. Thank you for your consideration. Sincerely, Phil Byrd Executive Director CHARTERED MEMBER n g g " (i cn � � i Fkdt� q 0 Q'; �� [nI. ORDINANCE d - 3 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 ORDERED 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 property: The first North /South alley East of LaPorte Avenue along Colfax Avenue to the first East/West alley for a distance of 198 feet, more or less and a width of 8 feet. Being part of Dunbar's Sub. Of,Bank Outlots 31 & 32 to the City of South Bend, St. Joseph County, Indiana 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 Ill. The following property may be injuriously or beneficially affected by such vacating- 018-1025-1069 I Lot number - 9 018-1025-1070 1 Lot number - S 1/2 lot 10 018- 1025 -1071 / Lot number - N 1/2 lot 10 SECTION IV. The purpose of the vacation of the real property is to improve the quality of life by providing adjacent property owners with additional land and removing an obsolete alleyway. 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. Attest: City Clerk I sr RrA D I R G 2- PUBLIC FEARING 3 rd RMDING NOT APPROVM REFERRED PASSM Member of the Common CoilKcif 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 o'clock m. 7 2-, at Mayor, City of South Bend, Indiana Filed In Cluk's C'MC01 - 2010 CITY M—'RK, M 0T`149, IM. PETiTIQN TO VACATE PUBLIC RI€ FIT`� Z" -S HAY i i REE T SiAIeLIm TO THE COMMON GOUNG�L OF THE CITY OF SOUTH SEMD, Ill MANN I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY ®RSCROED AS. .� € Lb � THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS v _ate , r� t l�rr�c�r -rte G-TT&-X��sG1�riT?� CZ Yr�[Zti -i CONTACT PERSON (S) RETURN T®: OFFICE OF THE CITY CLERIC ADDRESS: JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY SUILDI -Q SOUTH SEND, IN 46 61 Ise .� ICE. 2010 Tl LL LOT 9 9 Vr�) L_ B�GtD Liz '6a s Q7"2 W-' T- Legal Description: The alley to be vacated is the first North /South alley East of La Porte Avenue along Calfa-^ Aveune to the first East /West alley for a distance of 198 feet, more or less and a width of 8 feet. Being a part of Dunbar's Sub. of Bank Outlots 31 & 32 to the City of South Bend, St. Joseph County, Indiana. rFEB 1 ? 2010 j a. 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Lu=c]cr., MAYOR BOARD OF PUBLIC WORKS February Q, 2010 South Bend Heritage Foundation 803 Lincoln Way West Smith Bcnd, IN 4616 P��oi•��_ 574/ 235 -9251 rnx 5741235 -9371 TD D 5741235 -5567 RE: Alley Vacation — The First N0rt1l/Sout11 Ailey From Colfax Avenue to the East /West Alley between LaPorte AVeilrle and Chapin-Street (Preliminary Review) Dear Sir or Madam: The Board of Public Works, at its February 8, 2010, meeting, reviewed comments by the Engineering Division, Area .Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that 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 vacation would not make access to the lands of the aggrieved person by means of public way difficult ur inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation 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. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony I' oluar at (574) 235 -9254 prior to pieldlig to �'ana radizts zeta . �t takes a �r ®�izrsatel ivda 2 da fi to rc 3at e the radials map. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sil�cerzly, I�Eildii11�I. Martin, Clerk c: Federico RodrigLIez, fire Department Tony Molnar, Engineering Janice `Falboom, City Clerk's Office Carl Littrell, Engineering Liz Maradik, CED G,m�YA. QLOT. P.C. DONALD" G. 1TSKS J03 -3N 1-1. Mi- IRPl -!y PRESIDENT WN EA )vfrM13e.r 11-4 T R-Or— E I E ORANDUI M BOARD F UBLIC WORK TO- Carl Llttreil, Engineering Department John Byorni, Area Plan Commission (jbxorni (qbco.- t-iasxRhjn,us or 235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Gressel, Community & Economic Development Bob Mathia, Community & Economic [DevoioPment Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goon, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCQ Fur lilfOFMational Purposes Only FROM: Linda M. martin, Clerk .r✓ RE. Request far Recommendation - Alley V2CP.tiC71I Location: The First N/S Alley from Colfax Av -. to th6 EMf Alley between LaPorte Ave and U80r St. (Preliminary Review) DATE, January 13, 2010 January 2j 2010 FAX OR E-MAIL TO,. 235-91711 clr ��r l�kz �dira. cap° RETURN RECOIVMENDATIONI PAGE ONLY. ATTACHMENTS NOT REQUIRED, COMMENTS RECOMMENDATIONS: E^,. fi•' /I BY; ��,��' ��� r � ���. _ DATE: TO, Ctrl Llttrell, Engineering Deperrert JGhn Byorni, Area Plan Commission (LLO nl c f��) Jeff Gibney, Community & cororric Development Chris Dressel, Community & Economic Davalcpmant Bob Mathla, Community & Economic Dnvolopment Federico Rodriguez, Fire Department Ardro Price, Sand Waste Stephen Coen, P®ilr�e Department Cheryl Greene, City AttarnQy's Office Phil Griffin, NIPSCO For 1►lformational Ru posea Only UU . �§ u_. rte21 - -291Q FAX OR E-MAIL TO,, 235901 iI l L"���� RETURN RECOMMENDATION IAA (CE 0-KY. A` TACHM NTS NOT REQUIRED. MMENTS & R C0MME 2 Ll -t-L I Im received f irre Jar. 14. 9:02W A i J -0 -G xI- Tty °0it y Bu 81 h South Bend, indiana 446 601 John W, Byorni Larry P. Magliozzi Executive Director Assistant director Phone 574 235 -9571 wtrdw. stiosepheountyindia3 )a.comiareaplan Fax 574 235.9813 January 14, 2010 The Board of Public Works 13t1i Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Vacation of the first N1S alley from Colfax Ave to the EIW alley between LaPorte Ave and Chapin St. Dear Board Members: The staff has reviewed this petition. 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 its 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 place. (4) The vacation ivould riot hinder the use of a public way by the Neighborhood in which it is located or to which it is contiguous. Staff recommends that the streets be vacated subject to any further utility or access easements recommended by the Engineering and Building Departments. Sincerely, l! Christa Nayder Planner Serving South Bend, Lakeville, New Carlisle, North UbeEiy, Osceola, Roseland and 5t. Joseph County, Indiana f Jennifer Corte W Rea Fwd; Alley acado e o men- aVo st N/S alley lfr m Colfax to E/W alley btwn LaPorte & Chavi Froin, Chris Dresses To; Jennifer Corse Date: 1/20/2010 3:19 PM Subject. Re: Fvvd: AI[ey Vacation Recommendation 1st N/S alley Pram Colfax to E/W alley biwn LaPorte & Chapin CC, Elizabeth Maradik Attachments: Elizabeth Maradik Jennifer - I attempted sending this to Michelle - e -mail wasn't available? Alley vacation recommended for approval. Christopher D. DreSSel Planner City of South Bend Division of Community Development 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574 -235 -5847 Fax: 574 -235 -9697 cdresse4, southbe0clill,go: Christopher D. Dressel Planner CLy of South Bend Division of Community Development 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574 -235 -5847 Fax: 574 - 235-9697 cdressel sourbbendja, ov_ >>> Michelle Burgett 1/14/2010 8:36 AM >>> M�cinel.ta ? r�r�ei -t City of South Bend Department of Engineering and Board of Public Works 7 -2.7 West Jei Person, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9259 Fax: (574) 235-9171 This message may contain confidential and /or proprietary informa ion a d is intended for the person /entity to whom it was originally addressed. Any use by others is strictly p file: / /C:1Documcnts and ScttingS\JCORLE1L0ca1 SettingslTeii p\XPgipNvisel4B571EEBSO... 1/20/2010 iN £ ER- OFF ICE NEIVIORANQUIVI BOARD OF PUBLIC WORKS TO: Carl Littreil, Engineering Department ohn Byorni, Area Flan Commission (jbyor�st }os ahjn.us or 235 -9813 fax) r,,'jeft"Gibney, Community & Economic Development iris Dressel, Community & Economic Development ,_,-Bob Mathia, Cornimunity & Economic Development Kederico Rodriguez, Fire Depa�trnent Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (arngriifin anisourca.com.) For Informational Purposes Only FROM: Linda M, Martin, Clerk %, �✓ RE. Request for Recommendation - Aiiey Vacation Locatlan: The First NIS Alley from Colfax Ave. to the ENV Alley between LaPorte Ave andChaOn St, (Prelu l nary Review) DATE: January 13, 2010 DUE: January 21, 2010 FAX OR E-MAIL TO: 236 -91 °a1 l in�a i j �i rstl� e�aclira, c� RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOililMIEND ;TI INS: BY: TE: °R 4h, t o � 3ennifer Curia Re; Alley Vacatloql ° area From, Andre Price To: Jennifer Corle Date: 2/2/2410 7:46 AEI Subject- Re: Alley Vacation - Colfax /Laporte /Chapin Area trash collection will not be affected by this, rile: / /C:1Docuaiti -its and SettIngsl3CORLB1Local Settingsl'F e,I- ip\XPI-rpwisc\4B67DS49SO... 21212010 CITY OF SOUTH L71±ND STEIIHFN J. Lup-c SE, MAYOR DEPARTMENT OF PUBLIC WORKS February 2 2010th Common Council 4th Floor, County -City Building South Bend, Indiana 46601 RE: Appropriation(s) from the Non - Reverting Loss Recovery Fund (Fund 227) Dear Council Members: Enclosed for filing with the South Bend Common Council is an ordinance appropriating $125,000.00 from the Nan - Reverting Loss Recovery Fund (it=) for various expenditures. I am requesting an appropriation to cover the costs associated with demolishing a building located on the site of the future Kroc Center (521 S. Chapin Street). I have attached a site plan of the proposed Kroe Center with the existing building highlighted in red along with some photos. I am requesting that $100,000 be appropriated to cover the costs of the preliminary environmental work and also the demolition and removal of the entire building. Time is of the essence in this project as the building needs to be demolished prior to the planned May groundbreaking of the Kroc Center. I ant also requesting an appropriation of $25,000 from this same fund for miscellaneous outstanding Brownfield Environmental Regulatory Remediation issues such as post - closure testing at the Fredrickson Park landfill and potentially other sites. I will be in attendance to present this ordinance to the Common Council and answer questions. Regards, Gary A. Gilot, Director of Public Works 'H�d In ' q 3 2010 ei"1'"%i�1,.i'iti Department of Public works Engirlcel'uig water works Central Services Streets ETivironmental Services Gary A. Gilot, Director Carl P. Liitrell, P.E. David Tungate l%,latt Cblebmvski Sarn Hensley Jolla J. Dillon, Ph-D. 574/235 -9251 5741235 -9251 5741235 -9322 5741235 -9316 5741235 -9244 5741277 -8515 Pax 574/ 235 -9171 F,%x 574/ 235- 9171 Fax 5741235 -5595 Fax 574/235 -9007 Fax 574/235-9272 Fax 5741277 -$980. �. J ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND ( #227) IN 2010 FOR VARIOUS EXPENDITURES STATEMENT OF PURPOSE AND INTENT On December 8, 2008, the City of South Bend Common Council passed Ordinance No. 9890 -08 which established the Nonreverting Loss Recovery Fund ( #227). The purpose of the fund is to receive compensatory or exemplary damage payments from third parties arising from loss or damage to City tangible or intangible property. The City has received payments to date of $4,881,962.00 in this fund due primarily to the settlement of a MTBE contamination lawsuit and also has received interest earnings in the amount of $23,274.12. A total of $429,636.68 has been spent from the fund to date resulting in a current cash balance of $4,475,599.44. The Department of Public Works has identified $25,000.00 in necessary expenditures for miscellaneous brownfield remediation issues at Fredrickson Parr and potentially ocher sites. These expenditures are eligible for appropriation in this fund. In addition., the Department of Public Works wishes to provide funding for environmental consulting and demolition of a building located on the site of the proposed new Kroe Center. The purpose of this ordinance is to request a 2010 additional appropriation in the amount of $125,000.00 from the Nonreverting Loss Recovery Fund ( #227). A total of $170,000,00 has been previously appropriated in the 2010 capital budget in this fund for GAC filter media replacement at Water Works. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1: The following sum of money is hereby appropriated in the fiscal year 2010 and ordered set apart from and within the Nonreverting Loss Recovery Fund ( #227) for expenditures as follows: '.[' e of Expenditure Arnount Brownfield Rem(ediation $25,000.00 Consulting and Demolition. 100,000.00 TOTAL $125,Q00 00 SECTION 11. This ordinar)ce shall be in full force and effect from and 'after its passage by the Con -imori Council and approval by the Mayor. Attest: City Clerk I Member of the Common Con cii � y _ umw Presented by nee to the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock — . m. City Clerk Approved and signed by 1ne on the day of o'clock . n1. i st REA NICI PU IEItC 1 -10-CA NG ,DT APPRO.\W , 2010, at Mayor, City of South Bend, h-idiana {j ! { F ED fl n 20io ' m 5111� F. I zl�l 1� -S-' rj:l I t xl MAO CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF THE MAYOR March 3, 2010 South Bend Common Council 41'' Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Continuation of Bill 10 -10 Dear Council Members: I respectfully request that Bill No. 10 -10 be continued till the March 22nd meeting of the Common Council. This bill (appropriating dollars for demolition of a building at the proposed Kroc Center site) had been set for public hearing and 3rd Reading on March 8th. Council has presented a list of questions concerning development of the Kroc Center. We are gathering the information requested, but will not be able to meet the March 4th timeframe for response. In order to allow sufficient time for the update on the Kroc project in addition to discussion of the demolition, I would suggest that a special CED Committee meeting be held during the weep of the 15th to review the bill. Thank you for your consideration of this matter. Sincerely, Stephen J. Luecke Mayor RIM In Ciark's Off!Ce fLf� 3 2010 MY ctE-,�ic, 80. BEN3, !N. COUNTY -CITY BUILDING, ° 227 W. JEFFERSON BOULEVARD e SOUTF3 BEND, INDIANA 46601 PHONE 5741235 -9261 4 FAx 5741235 -9892 ® TDD 5741235 -5567 February 12, 2010 Derek Dieter President, South Beard Common Council 455 County -City Building South Bend, IN 46601 Re: Morris Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Dieter, I attach for filing with the South Bend Cominon Council an Ordinance requesting an appropriation of $10,200 witlaln the Morris Performing Arts Center and Palais Royale Marketing Fund (Fund 273). Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. The marketing project for which the Morris Performing Arts Center desires appropriation consist of the following: $10,200 Renewal of a One Year Lease of a billboard to market the Morris Performing Arts Center. The Morris Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, a Dennis J. Andres Executive Director M2010 . 9� M -Elks DJA/kh -m Attaclu- ent 6 2010 CFir C>. �--F a i�. Morris Performing Arts Center ® 211 N. (Michigan Street � South Bend, IN 46601 Office: (574) 235 -9198 ® Fax: (574) 235 -5604 ' http:llwww.MorrisCenter.org ORDINANCE NANCE NOw ORDINANCE AN COMMON COUNCIL OF TIIE SOUTH BEND, INDLkNA, APPROPRIATING $10,200 FROM THE MORIUS PERFORMING i MARKETING NUMBER FOR ONE YEAR HILLLBOARD LEASE O MARKET THE, MOR r PERFORMING :1x STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has accumulated the necessary funds to renew a one year lease of a 12' x 20' billboard located near the University of Notre Dame and Kite Center Development on the corner of Edison Road and US 23 in South Bend. The use of this billboard will be to market the Morris Performing Arts Center. The Morris Performing Arts Center hereby requests those funds to be released to renew said billboard lease. The amount of $10,200 is requested for lease appropriation. NOW, Tr11 REFORE, BEE IT ORDAINED BY THE Cr-�1°.�MON COUNCIL OF TI?.E CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center and Palais Royale Marketing Fund for a one year lease of a billboard to market the Morris Performing Arts Center. Account Number Description Amount 273 Morris Performing Arts Center $10,200 And Palais Royale Marketing Fund Section ll. This Ordinance shall be in full force and effect rr•om and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2010, at o'clock an.. Approved and signed by me on the day of PIRLI.0 11 RrADNG REs EI RED. PA55EA City Clerk 2010, at o'clock m. Mayor, City of South Bend, Indiana Filed In z 0 I= j %u Uri .Page 1 of 1 Janice Taloor Ordinance Continuance From- Dennis Andres To: Janice Talboom Date: 3/2/2010 4:10 PM Subject. Ordinance Continuance CC: Ma ryA h n Myers Janice, I would like request a continuance on: BILL 11 -10 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,200 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR A ONE YEAR BILLBOARD LEASE TO MARKET THE MORRIS PERFORMING ARTS CENTER. As I will out of town on March 8,1 would like a continuance on this bill until the Monday, March 22 Common Council Meeting. Thank You and please confirm the acceptance of this request for a continuance on Bill 11 -10. bennis J. Andres, Executive Director Morris Performing Arts Center Leighton Theater & Palais Royale 211 North Michigan Street South Bend, IN 46601 Preferred Email Address: dandres@MorrisCenter.org aa 'r" ce Fued in 3 The HOTTEST Shows Play the MORRIS! Join Our Cyber Fan Club at http / /www.MorrisCenter.org and Story Informed! Please consider the environment before printing this email. file: / /C:IDocuments and Settings\JTALB00M\Loca1 Settings \Temp\XPgr -pwise14138D388D... 3/2/2010 .. A } .... Is, molars V b"MIA24 LOTS NO. 14 & 15 ON VORDEN PARKWAY ADJACENT TO 3751 OLIVE ROAD D -1-it 01 VON VWX1=111 —11001010119 WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as Lots No. 14 & 15 on Vorden Parkway adjacent to 3751 Olive .Road, South Bend, Indiana, and which is more particularly described as follows: Lots 14 & 15 B W Business Park Major Sub 02 -03 New Replat 401 3 -16 -2001 and which has Key Numbers 031 -1036 - 0590.12 (Lot No. 14) and 031 -1036 - 0590.13 (Lot No.15), be designated as an. Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seMc ., and South Bend Municipal Code Sections 2 -76 et and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -111, et sM., and South Bend Municipal Code Sections 2 -76, et sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 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 completed by the Petitioner meet the requirements of Indiana. Code § 6 -1.1 -12.1 et sect., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E, That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and P. 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. SECTION 111. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to six (6) year& SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common. Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. i Member of the Common 6uncil Fill CD i i i 1200 C3UN Y -CITY 13113LDM; 227 W. JEFFERSON LioULF 1,RD SOUTH BEND, INDLANA 46601 -1830 NioNF. 5741235 -0371 Fns: 5741 235 -9 02I TDD 5741235 -5567 CITY or SOUTH BEND S,1 N,PHFN J. Lu1:.ci<E, M.AYoR C-]OMMUNITY& ECONOMic DEVELOPMENT ]EUPREY V. GIBNEY Exr..cu rjvr. Diuc -oR February 19, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th floor, County City Building South Bend, 1N 46601 RE: Commercial Real Property Tax Abatement Petition for: OLIVE CLEVELAND PAR'T'NERS, LLC Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition from the above - referenced Petitioner for property they intend to purchase that is identified as vacant Lots No. 14 and 15 on Vorden Parkway adjacent to 3751 Olive Road. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Olive Cleveland Partners, LLC, Inc., proposes to construct an 80,000 square foot warehouse /distribution facility for one of the Petitioner's existing tenants. A representative of the Petitioner will be available to meet with the Committee on Monday, March 8, 2010. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don inks COMMUNITY DEVELOPMLNT ECONOM)c DL'VEI.OPMLNT FINANCIAL Cif: PROGRAM PAMFLA C . MFUR DONALD E. WKS MANAGEMENT 5741235 -9660 5741235 -9371 FL.17Ah -TH LEOE "ARU FA)(: 5 ?41235- 9697 5741235 -9371 1200 CouN :y-Q'rx R�IaI�r c 227W JE.FFLRSON BOUI:IV,aRD SOUTH BEND, INDFANA 46601 -1830 Pj �u L 574/ 235 -9371 FAx 574/ 235 -9021 TDD 5741235 -5567 CITY OF SouTH BENZ) STEPHEN J. LuF.CKE, MAYOR COMMUNITY & ECONOMic DEVELOPMENT JEFFREY V GiBNEY FXRCUTIVE DIRECTOR TO: SOUTH BEND COMMON COUNCIL FROM. BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: OLIVE CLEVELAND PARTNERS, LLC DAVE: February 19, 2010 On February 17, 2010, a petition for real property tax abatement consideration for property identified as vacant Lots No, 14 and 1.5 on Vorden Parkway adjacent to 3751 Olive Road was filed with the City Clerk by Olive Cleveland Partners, LLC. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12,1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. Olive Cleveland Partners are in the process of purchasing vacant Lots No, 14 & 15 from the BW Business Park, LLC. Olive Cleveland intends to construct a warehouse /distribution facility to accommodate the relocation and expansion of an existing tenant, Invacare Corporation. The new building will have a total of approximately 80,000 square feet, and will feature 32 feet clear height, 15 docks, grade level access and approximately 5,000 square feet of office space. The building will incorporate energy efficient design elements including heating and lighting. The estimated cost of the building is $2,400,000. Invacare Corporation is a leading manufacture and designer in the worldwide home medical equipment market. The company designs, manufactures and distributes an extensive line of health care products for the non -acute care environment, including the home health care, retail and extended car rkets. COMMt3LVI7Y DI:vaoPm ENT F.CONowc F3P.vnovmLN'r F1NANCLM_ & PROGRAM PAI1ELA C. MEYER DONM,D FF . INKS MANAGFMENT 5741235 -9660 57//235 -9371 FAJZAGLiFI Li4Gl4iIL� Y�Ax: 574f235 -9697 574/255 -9371 RE: Tax Abatement for Olive Cleveland Partners, Inc. February 19, 2010 Page 2 The Petitioner has just begun collecting information on potential suppliers and contractors for the project. For this reason they were unable to answer the questions related to suppliers of construction materials and construction contractors. They intend to submit this information prior to the Common Council meeting to consider their confirming resolution. At that time final points will be awarded and the length of the abatement term set. Based on current information, the Petitioner will score sufficient points for a three -year term. The Petitioner has supplied information from a previous project to be used for estimation purposes. If they score all of the points for construction they would have enough for five years. For purposes of consideration of the Declaratory Resolution we are estimating the term at six years to allow for any extra adjustment. Anything less will result in a reduction in the amount of tax revenue abated. Assuming a six -year abatement terns is approved at the Confirming Resolution, the total taxes to be abated during that term are estimated at $210,386. Total taxes to be paid during the six -year term are estimated at $218,637. If the term remained at three years, total taxes to be abated are estimated at $123,376. Total taxes to be paid over the three -year term are estimated at $91,136. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will not create any new, permanent full -time positions. However, it will retain 23 existing permanent full -time positions, including 7 existing permanent full -time minority employees, with a total annual payroll of $668,820. 1, A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with one (1) previous tax abatement. Termfly_ Resolution No. Date 7 -year real property 3840 -08 3/10/2008 2, The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Area, which is a Tax Incremental Allocation Area, therefore, the petition for real property tax deduction must first be approved by the South Bend redevelopment Commission. 4. A review of the Tax Abatement Ordinance No, 9394 -03 finds that the petitioner meets the qualifications for up to a six -year real property tax abatement under Section 2 -79, Warehouse Development in the City -wide District, Qualification for each Public Benefit Item based on best available information at time or application or good faith determination if no information available. 19- Feb -10 Olive Cleveland Partners, LLC Public Benefit Points Summary " Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C Achieve a Physical Element of a Plan N 0 36 Sub -total Project Related: 0 120 2, Super Size Projects (point values are cumulative) A. 100% to 199% Y 25 25 B. 200% to 299% Y 69 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub -total Super Size Projects: 93 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contract( N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub -total Construction Related: 0 141 4. Wage & Benefit Related_ A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub -total Wage $ Benefit Related: 95 162 5. Workforce Related: A. Create New Jobs N 0 42 B. Retain Existing Jobs Y 41 41 C, Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 76 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 264 1000 Qualification for each Public Benefit Item based on best available information at time or application or good faith determination if no information available. From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 264 Base Years of Abatement Additional Years of Abatement Total Years of Abatement: 3 Oualification for each Public Benefit Item based on best available 'information at time of application or good faith determination if no information available. 19 -Feb -10 olive Cleveland Partners, LLC Public Benefit Points Summary * Qualify Earned Available Public Benefit Item: Y or NJ Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C Achieve a Physical Element of a Plan N 0 36 Sub -total Project Related: 0 120 2. Super Size Projects (point values are cumulative A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399 % N 0 6i5 D 400% and Over N 0 52 Sub -total Super Size Projects: 93 210 3. Construction Related: A. Empiny Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D. Require Target Wage Levels Y 22 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub -total Construction Related: 141 141 4- Wape & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N fl 9 Sub -total Wage & Benefit Related: 95 162 5. Workforce Related: A Create New Jobs N fl 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D, Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 76 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N fl 39 D' Pay for 76- 100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facitity N 0 84 Total Public Benefit Points: 405 1000 Oualification for each Public Benefit Item based on best available 'information at time of application or good faith determination if no information available. I' r: * M r: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 405 Base Years of .Abatement Additional nears of Abatement: 2 Total Years of Abatement: o M O O O O o d d M O d' I<r m 0 0)(0 co Lo e° M ( C7 O 0 N LO u) 0 d O Z h @ e M cu O N 00 CO '[t' N D7 r d CD I r LL } O CD M COO COO cb Cfl cO0 6) n o O O ac) co 0 O o 0 0 O A O � a3 CD V O@ CI) C O v o o N X 4 d r O M 0) [D fU co N r M 7 dl M ui OO© co 0 O o � 0 0 0 C) 0 0 0 0 a3 O O@ C U v o o N X M O O LiJ fU O a x M 7 J In E r r 0�. ^°• 7 CD m N O a) O " C) U) + @ CZ IG L) > a) cU e- �/ a) , X 2 x a) O- @ U Y o @ 0 u) -0 'D H x r to a) 0 � m X � mmm co (n ¢ ieV -.x@ - h v U) �Q vvi IaZ5 o m U ro U �U ID O % cu c < < 7 = 0 0 0 0 u1 N w O m L) U � Q (D O a) O O O O N co C) N N 1- 0 � [ ) �g Ri co O O V O .fl Q N N M O � CQ r p m0 y O N OOO i U L O U '0 Z) N d Z Q C7 @ N t-0W LU r� Q OLO M CD O O O N N 0 �t � Izr 0 CD NNO CLn CQ r I� C +� 7 Im ml IT Ln CO �Qo Lo h@ O M Q co N a) X OO© N 0 0 0 o LCJ 9 O r a3 O lf3 O Q 0.0 C U v o o N X M O QI LiJ fU x h 7 EU N 7 CD m N O a) O " C) U) + @ CZ IG L) > a) cU @ U �/ a) , X 2 x a) O- @ U Y o @ 0 u) -0 'D H x U to a) 0 � m X � mmm co (n ¢ � C -.x@ - h v U) �Q vvi IaZ5 o m U ro U �U ID DU c < < E u1 N w O m L) U � Q (D U ml IT Ln CO �Qo Lo h@ O M Q co N a) X OO© N C @ Lf7 LC) LCJ 9 a3 C U v o o N X j QI LiJ O O O x W } C C h N � C � U O � m x � a) C uy C C @ O C U O a) � 7 @ m � @ a) � U) Fij C U) {0 z C O N (D U CO @ 0 a) Q a � s O �� m E t a) O -Op N U E to U µ_ L � 1- N a3 C U v o o N j QI coo x h N 7 X O O O x W } C C h N � C � U O � m x � a) C uy C C @ O C U O a) � 7 @ m � @ a) � U) Fij C U) {0 z C O N (D U CO @ 0 a) Q a � s O �� m E t a) O -Op N U E to U µ_ L � 1- ,J] lL 0 V)[ 7 N in i i� �E mlS'Il N co 0 M IUD O N 0 cv L:7 o m C) o N Ln M O O L9 O L N ui � r O O d N O O It O O' N M � O CD O a o 0 O 0 0 0 o 1f x — m N o O O O d 0 m o o C N rn n c O co N M 0� - } m @ mn-n m N- x xU O M (D C H y N tit iii m 0) 'E [U` N m m m tL f l N N� Q o d d 0 0 o Ct d V D p ' "= Q m LD FUZ �pUC]U Q eQ a to ° uu LLls Vl Ui V lb N r _O in N nLOM n� �r LO LO v 0 0 0 0 �i N O O co fl o v o m co � N r- W U7 J o N 0 0 0 0 0 c7 O 1 0 0 Op 63 O O cc 0 0 N (+') co u7 cli m 47 wW o 0 0 0 0 0 0 0 d N O O d (� ° � Q r O Q' w cdOOO o MOB V r L E O O M N p cD b O Q N N ® 4 O o c:@ o o o 0 0 CZ E m > U `f Q Q LO O Y 2 E 0 V)[ 7 N in i i� �E mlS'Il N co 0 M IUD O N 0 cv L:7 o m C) o N Ln M O O L9 O L N ui � r O O d N O O It O O' N M � O CD O a o 0 O 0 0 0 o 1f x — m N M o 0 m m C) = m @ mn-n m N- x xU U Y CO N y E7 N H y N tit iii m 0) 'E [U` a, iD N m m m tL f l N N� Q L]q -' ED U U N D p ' "= Q �z FUZ �pUC]U Q eQ E N W v N Z) Vl Ui V lb N V) _O in m � r in rn M r' a Ln ca .-- En (o 6 to C O N M # Ln O -1 %1- O Ln r-- O N O (D N 03 U� Ln (0 �IJ 67 CO m m I- < Q ti N r 7 rE Izi V �t It m (D X O O O d o C N o d O of r E— � f` !- r` T~ t` N O C7� cY U � w 'x X V) N N 000000 x N L x u'i U) In o i— Q3 � L C � V � G x r wl 000000 0 w x � N LiS w c � o c a N � 7 (>tl V � r N M V� O i➢ -0 } N (n ctl (D o m E- o 5 N Q) U o CL a) CL c n o� .E •� va � m m O 'z7 all T a �C E L F. V) � F STATEMENT OF BENEFITS 20� PAY 20 4... REAL ESTATE IMPROVEME TS Slate Form 51767 (R21 I -W) FORP S54 i meal Properly Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the foilo6ving Indiana Corse (check one box)- 0 Redevelopment or rehabilitation of real estate improvements (iC 0 Eligible vacant building (IC 6 -1.1- 12,1 -4.8) INSTRUCTIONS; 1. Thls stalernent must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Ra0alizatlon Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projecle "planned or committed to aflor July 1, 1987, and areas designated after July 1, 1987, require a 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 or rehabilitation, BEFORE deduction maybe approved. 3. To obteln a deduction, application Form 322 ERAff2E or Form 322 ERA VBO, Whichever is applicetris, must be filed with the County Auditor by the later of., (1) May 10; or (2) fhtrty (30) days after the notice of addition to assessed valuation or now assessment Is mailed to the property owner at the address shown on the records of the township assessor. 4. property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 10eat Property annually to the application to show compliance with the Statement of Benefits. (1C 6 -1.1- 12.1- 5.1(b) and IC 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1. 12.1- 4.8 {1) for vacant buildings apply to any statement of benefits approved en or after July 1, 2000. The schedules effective prior to July 1, 2000, shelf continue to apply to a statement of beneGls died before July 1, 2000. Name of Taxpayer BW Business Park LLC Address of taxpayer (number and stroot, city. slate, and ZIP coda) 7101 Vorden Parkwa , South Bend, IN 46628 Name of contact person Telephone number E -mail address 7'nnn NIAIAman f5741 287-231 1 tvaldmart0tirerack.com . ante of designating body Common Council ocatiun of property Vacant Land Par( Current number 23.00 Lots 14 & 16 in Blackthorn West ements, redevelopment, or rehabiblallon {use r Salaries County St . necessary) ember retained Salaries 23.00 1 $69C Resolutlon number IXGF taxing 6strict number Estimated start date (month, day, year) 06/0112010 Estimated complstlon date( Ah, day, year) Number additional salarles 0.00 1 $0.00 NOTE-, Pursuant to IC 6- 1.t- 12.1 -b.1 (d) (2) the COST of the properly REAL ESTATE. IMPROVEMENTS is confidential, COST ASSESSED VALUE Current values 23$ 000.00 Plus estimated values of proposed project 2,400,000.00 Less values of any property being replaced 0.00 Net estimated values upon completion of project 2.638,000.00 Estimated solid waste convatted (pounds) diher benefits I hereby certify that the representatlons in this statement are true. Estimated 301 0A t� ?aGi H Signature of on ed repre "live Title bate s1pred ( monfh, day, year) (f /f rCs io�ar 19 /P-6 t 7 Page 1 of 2 We have reviewed our prior actions reiating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously opproved by this body. Said resolution, passed under IC 6.1,9.12.9, provides for the f6lowing limitations: A, The designated area has been ilmlted to a period of time not to exceed calendar years ` (see below). The date this designation expires fs B. The type of deduction that is allowed In the designated area is limited to: 1, Redevelopmen4 or rehabilitation of real estate improvements © Yes C No 2. Residentially distressed areas ❑ yes ❑ No 3, occupancy of a vacant building ( Yes © No C. The amount of the deduction 2pplicabio Is limited to S D, Other limiltatlons or conditions E. The deduction is allowed for years` (see below). We have also reviewed the information contalned in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved tslynalure and 611a of authorized monrber of oss(gaotfng body) Telephone npmbor Gate signed (nronlh, day, year) Atlesled by (sir natum sod fide ofeflasfar) j Desfgnated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12.92.1 -Q. A. For residentially distressed areas, the deduction period may not exceed five (b) years. B. For redevelopment and rehabilitation or real estate improvements: 9. If the Economic Revitalization Area was designated pflor 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 20, 2000, the deduction period may not exceed ten (10) years, C. For vacant buildings, the deduction period may not exceed hm (2) years. Page 2 of 2 Construction of a new modern industrial design- bull€ warehousel distribution facility in the Airport Economic Development Area in the Blackthorn West Industrial Park. This 80,000 s , ft. building will feature 32' clear height 15 docks & reds level access a0proximately 5 000 s . ft. office area and ener qvafficfent dell n & htin heatin etc. . Developer's intentions are to construct this _facifitV to accommodate the relocation and expansion of existing _tenant's business linvacare Corp.) from 7055 Cleveland Road South Bend IN 46628 and to also facI itale the grospective guLchaso of 7055 Cleveland Road by Patterson Logistics to accommodate their proposed business line relocations and expansion to the South Bend market as reviousl presented. This newly constructed building will accommodate lnvacare Corporation's expansion from 68 9 21 s . fi. to 80,000 scl. ftj and focal relocation of their Midwest readonel distribution center operations This facility handles Midwestern shippinglorder fillip for lnvacare Sypply Supply Groug reduces shipgIng time from other ,carts of USA. Invacare Cor oration is a leading manufacturer and desi nor in the worldwide home medical equipment market. The com an desi ns rnanufactures and distributes an extensh line of health care products for the non -acute care environment PncFudin the home health care retail and extended care markets. r �, a Tin u CITY OF SOUTH BEND #ETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to II -;C., 6 -1.1- 121-1, et sag., and South Bend municipal Code Sec. 2 -76 et� seg., for this petition states the following: Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Construction of a new modern industrial, design- built warehousel distribution facility in evelo meat Area in the Blackthorn West Industrial Park, This 80,0610 s . ft. building will feature 32' clear het ht 75 docks & rade level access a roximatelY 5,000 s . ft. office area and eneMy efficient design Llightinm heafinqL efc. . Investor's intention are to construct this facility to accommodate the relocation acrd ex arnslon of existin fenanf's business "nvacare Gorp.) fronrn 7055 Cleveland Road South Bernd IN 46628 and to also facilitate the prospgctive purchase of rO55 Cleveland Road b Eatterson Logistics to accommodate their proposed business line reloca €ions and expansion to the South Bend market as prevdously �reserrfecl.. Land size 6.89 acres; Building Size +1-80,000 sq. ft. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): This newly constructed building with accommodate Invacare Con oration ex ansion and relocation of their Midwest re ional distribution center o2oratiotns.. lrnvacare C ®r crafion is a leading manufacturer and dear` rner in the worldwide home medical a ui wnt market. The company desi ns r nanufacfures and distributes an e, iaensive lime Df health care roducts for the non acute care environment includin the home health care retail and extended care markets. 3. Estimate the dollar value of the project (excluding land): $2,400,044.00 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: TO 600 l of X14 039 -7036- 0590.12 30 200 L2t 115 — 031 ®1036. 0590.13 TOTAL 700 800 (Rev 12/29106) 5. (a) The real property for which tax abatement consideration is petitioned (Property) is to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAIVE ADDRESS ? `ERFST( %) Olive Cie veland Pat•tnus, LLC 100% c% C 3 l�ieirrt� tf ills I �t`rrrll�y 202 S. ich;gan St., Suite 200 South Bend IN 46601 (b) The following other person(s) lease, intend lo lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS iNTE ST" (%} 111vacrrt•e COi•)Rd-ation 100% ,L® cal. 7055 Olive I2orarl South Bend IN 46628 Catt�orate; Otte Invaeam Way, El ,ricr 0 44035 6. The commonly known address of the Property is: TBB (7250 ?)_Vorcfen Parkway, South Bend IN 626 Vacant Lots #14 & 415 —_Blackthorn Vilest Industrial Park 7. The Key Number(s) of said property is: Lot #14 n 031-1036- 0590,12 Lot #15—.2 3 4036 -059 .13 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein, Attached 9. A map and /or plat describing the Property is attached hereto, marked AExhlbit B,@ and incorporated herein, Attached 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. Attached 11. The redevelopment or rehabilitation project itself will create 0 full -time and 0 part -time permanent jobs within the first year, representing a new annual payroll of $Q and will maintain 23 existing permanent full -time and 0 existing permanent part -iirne jobs including existing permanent full -time minority employment of 7 and existing permanent part -time minority employment of 0 with an annual payroll of $G6g,$19.34 mincrlt Z 1179, 33Q, 64 The t�rolecf urifl rr�adntaltt the existiney hers ®nrrI 12. The projected annual salaries for each new position indicated above are estimated to be as follows (if more space is needed, please attach a separate sheet): 0 2 (Itcv 12129/06) 13. Provide current employment wage information including; base rate, cost -of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or range): 14. Indicate whether your company provides the following benefits (use YIN): Y Health Care Benefits Pension Plan y Employer Provided Training (recognized or certified train ingfeducationaI courses or programs) hl Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) Employer- Assisted Housing Program (provide an employer - assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Full -Time Part -Time Laborers $ 5 ®2 398.21 $ 4 Technical $ NIA $ Managerial $ 166 421,63 $ 0 Administrative $ l_ /A $ 14. Indicate whether your company provides the following benefits (use YIN): Y Health Care Benefits Pension Plan y Employer Provided Training (recognized or certified train ingfeducationaI courses or programs) hl Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) Employer- Assisted Housing Program (provide an employer - assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes Lot 14 Lot 15 List 14 Lot 15 2009 18.01._ -- X8.01 11_00 -LO .Oft 2008 $9.98 9.88 $O.OQ $0.00 2007 $4 731.84 $3,461.36 O.IJQ 0.00 2006 14,819.40 $3,524.88 10.00 0.00 2605 $4,582.78 ..13 ,352.08 $0,00,-- 0.00 (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full -time and part -time minority employees for each of the last three years: Year 2009 2008 2007 (Riev 12/29/06) 17, Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: been Yes for the 2009 �i�arrr�atl�re �ctforr �'1a�, racial ct6versii has r? achieved. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. Rehabilitation of a building that Is either designated as a National Register - or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. _ Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19, is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St, Joseph County, Indiana? if yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): No 20, Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? No 21, is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): No 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 4 (Rev 12/29/06) Full Part Full Part Fall fart Black 1 0 1 0 1 0 Hispanic 2 0 1 0 0 0 Asian 1 0 1 0 1 0 Indian 1 0 1 0 1 0 Other 1 0 1 0 1 0 17, Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: been Yes for the 2009 �i�arrr�atl�re �ctforr �'1a�, racial ct6versii has r? achieved. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. Rehabilitation of a building that Is either designated as a National Register - or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. _ Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19, is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St, Joseph County, Indiana? if yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): No 20, Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? No 21, is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): No 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 4 (Rev 12/29/06) 'See Attached this Pros ct is stiff in the final sfa es estirnatir7 and cost rya °ecfiorrs the attached is the grevious construction inoormation that was used for 7055 Cfevelancf Rai arm€f the ro eased Pro ecf will be of similar canstrLLction € e and st fe vuhicf� ro`ecfs shoc�ltf be cf ®se tc� firaaf rrca�aLaers ears a caast er s oars f'eaot basis. 23. information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). See attached ancf sheave comrnents 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). Correct 25. The Standard Industrial Classification (SIC) or north American industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 67999905 -Real Fstafe lrtvestors 26, The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 27, The current use of the Property is vacant lanai and the current zoning is Lf , L ►rah€ lrtdustriaf. (This information may be obtained from the Building Department 235- 9554). 28, Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. 4`es � 7 earf2ealPrc� erf 7°ax�ha €eraaent �iarcfr 9� 20(i$ resalra €sore 354f� -05 29. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements, None 30, The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: attn: GregWink Address: uite #200 (Rev 12129/46) Address: 202 S. Michlyou Street, Suite #200 City, State, Zip: South Bond ,. IN 46601 Telephone: {574) 237 -6000 31, Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS forrn attached to the petition If the real tax abatement is for warehoUse or industrial developments. Name: QB,R1chardjEjEsj Bradle y c% Jamie RUlz Address: 202 S. Midlrlgarr Strut, Suite x#200 City, State, dip: South Berad< IN 46601 Tele phone :_(574 Z3 7& 000 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be are economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the. required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Olive Cleveland Partners, LLB c/6 CB Richard Edlls.Lgradle By: (Signed Name' As authorizec� by lrrter•ested tenant and devQ1QP r (Typed or printed name and capacity of signor if signed by an agent or representative of the owher.) Marne of Property Owner(s): BW Bustness Park LLC By:— -_ (Signed dame) °rAo m z s F ve (d M As curi,ent owner Pi's � 0(t k% t (Typed or printed name and capacity of sicdnor if signed by an agent or representative of the owner.) 6 (Rev 12/29106) O � •� U � tjO � •rn O O U va bb cn N d G3 O O d U �N O VS U � ccS � �.✓ b1] a> O? u'p O•+ U � U � � U N rq Q 0 O I 0 Ca � O tll us co Ow E O o_ T ni C ? �{ ti7 l` 40 oi C7 m t-- U O cIi O O cc d. 70- O 76 CJ Je Cpli? rLo i O z C� U O O Z Q O �i 0 M E-- Cv 0 c� ai �Iv O v v a� ar �U r � v U O J c^NC'7 :9'�CQ h-Oa60 v 'E o cz CL m 0 o U U O r I C O 7 N 't LO c O 0 � CL ® 0 v v 0 z�0M or oa N 't- � d Im 0 C. N Ltii 7E, ° d Q) EL 0 ® U o m U ;:� a 7� e� r a.5 U o v cn cd CA 0 N I 3-a O Q U® o z u O YN O L6] V� 4�j O Ln p U O U ~ 7O U 4-4 71 o f ea cn In 75 +� U U O a 0 ° o 0 4 >-� a� 8, tu Z ('r1 N �Iv O v v a� ar �U r � v U O J c^NC'7 :9'�CQ h-Oa60 v 'E o cz CL m 0 o U U O r I C O 7 N 't LO c O 0 � CL ® 0 v v 0 z�0M or oa N 't- � d Im 0 C. 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H L LI 4 Uo -.�•1 'd N H w w °o v n w u n S Si N m m m a 0 O • ••i h h.-1 ..+ n t5 O 81 F a u U a D D V Vp N .H z z b bG D D ua L- a 4 Q a X ., .N , an O a a - C Q(� . , O O •�+ ri n. ca ro U o Q G GF. r d N �Q' 4 6 m N � C O v tv a u � � 4 01 & a ry1 F m C3 .s °m t- a b u W U m v W 0 F.t 3 a z� \ U FO p M u � d � n � ..fie Po � eti F• N � �m w •n�7 dF W r V pry wy� ro to v b F N 7 h W 4) 0� D �YU e F U s W C Q p n T 7 i 7 4 Z Al A L� nmAj41 03 •K F o1 to R 4 C. m Su ca m F fl-� i_u. _�_� IS, 0 I 11-ROM E Lo m RESOLUTION NO. WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. loo. 111 -5) (the "ARRA ") modifies the Internal Revenue Code of 1986, as amended (the "Code' ") to authorize. among others, two new types of bonds entitled "recovery zone economic development bonds" and "recovery zone facility bonds;" and WHEREAS, "recovery zone economic development bonds" are a subcategory of taxable build America bonds (as defined in section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as Section 140OU -2 of the Code, the proceeds of which are to be used for qualified economic development purposes in a recovery zone; and WHEREAS, qualified economic development purposes include expenditures for the purpose of promoting development or other economic activity in a recovery zone, including capital expenditures for property located in the zone or expenditures for public infrastructure and construction of public facilities in the zone; and WHEREAS, the ARRA also authorizes a new type of federally tax exempt private activity bonds entitled "recovery zone facility bonds" in Sections 140OU -1 and 140OU -3 of the Code to finance construction, renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone, with "qualified business" defined to include any trade or business other than residential rental property and certain prohibited uses outlined in the Code; and WHEREAS, Sections 1440U -1 through 140OU -3 of the Code and related Notice 2009 -50 issued by the U.S. Treasury Department (collectively, the "Recovery ;Zone Act") define a recovery zone as any area designated by the City of South Bend, Indiana (the "City ") as an area having significant poverty, unemployment, rate of home foreclosure, or general distress; and WHEREAS, the City has determined that it is in the best interest of the City and its citizens to designate the entire area within the boundaries of the City as a "recovery zone" for purposes of the Recovery Zone Act; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Beard, Indiana as follows: I . The City hereby finds, detennines and designates that the entire area within the boundaries of the City is an area having significant unemployment, rate of home foreclosures or general distress, and therefore hereby designates the City as a recovery zone for purposes of the Recovery Zone Act. 2. The Mayor and City Controller of the City are hereby authorized and directed to take all actions as may be required in furtherance of this Resolution and the designation of the recovery zone. 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and approval by the Mayor of the City. r l' M, „1(')PTE D COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council u f an Rod In F's'Af C r f" 1j 120(} Bu uDim -, 227W. JFYFE.Qs(_n, Bo 3.r;vvtu Smrm BEND, INDIANA 46601 -1830 CITY OF SOUTH BENT) SIT1 HEN ). LUECKF, MAYOR JEFF -REY V, GIBNEY EXECUTIVE DIRECTOR March 3, 2010 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: RHONE 774/ 335 -9371 FAx 574/235 -9021 -rDD 574/ 235 -5567 The attached Resolution for your consideration would designate the City of South Bend as a Recovery Zone, The Recovery Zone Act was part of the stimulus program approved by Congress in 2009. Certain types of bonds are available only in Recovery Zones, and only available until the end of 2010. As we review development opportunities this year, having the Recovery Zone designation in place gives us another tool to meet those challenges. This Resolution only designates an area where these bonds can be considered. Any specific bond project would need additional approval by the Common Council. Please call me at 235 -9339 if you have any questions. I will attend your March 8th meeting to make presentation of this bill. Sincerely, Donald E. Inks Director Economic Development cc: Jeff Gibney Comm NuTY DEwLoPMF.NT EECONOMic. DEVELOPMENT FINANCIAL & Pk0(;kiM PAMELA C:. taiL,rsa DONAM E. IN," MANAGE11LN1' 5702i5-9660 571/235.9371 LLIZlBM4 LUINARD FLy: 575/2359697 57412359371 L*14 Vanch, flarner & Associates, Inc. MICHAEL J. Daivcr+, L.R. Land Surveyors . professional Engineers RON HARNER, P.S. Landscape Architects ® Land Planners Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 2411 LLC for their property located at South Bend, Indiana 46614: Dear Council Members: January 21, 2010 and Wedgar, Inc. 2411 South Main Street,, Our clients are requesting the approval of a Rezoning Petition for their properties located at 2411 South Main Street, South Bend, Indiana. This requested Rezoning would allow for the re- -location of the Habitat for Humanity Restore facility presently located on Sample Street. Our clients believe that this new location will provide them with additional building square footage for the display items and ample parking for their patrons. They believe this facility would fit well along this portion of Main Street with its existing minced uses and nearby residential neighborhoods. 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, Earner & Associates File No. 100105 "C" Md. 1643 Commerce Drive w South Bend, IN 46628 ofr�ce 5741234 -4003 ® 8001594 -4003 a Fax 574!234 -4119 208 West Mars m Berrien Springs, M149103 office 2691471 -3010 E Fax 2691471 -7237 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT 2411 SOUTH MAIN STREET, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED LI LIGHT INDUSTRIAL DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE LB LOCAL BUSINESS DISTRICT TO ALLOW FOR A RETAIL STORE. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495 -04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT ## 1 OF THE PLAT OF "FRISK -ROWE MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9723555 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND LOT ## 1 OF THE PLAT OF "WEDGAR MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9730307 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 2.49 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS LB LOCAL BUSINESS DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVER BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON C CIL pq 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 2 , AT O'CLOCK '3 red r,,FA TNG i,�Oi I APP'f OVZD REFERRED PISS DAY OF .M. UYM CnRDE C17 DATE FILED APPLICATION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IND HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: 2411 SOUTH MAIN STREET, SOUTH BEND, INDIANA 46614. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: 2411 LLC WEDGAR, INC. ATTN: FREDDIE ROWE ATTN: G A RESNIK 2310 S. MAIN STREET P.O. BOX 2829 SOUTH BEND, IN 46614 SOUTH BEND, IN 46680 PH. NO. 574 -237 -6000 PH. NO. 574 - 237 -6000 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 402 EAST SOUTH STREET SOUTH BEND, IN 46601 574 - 288 -6967 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT TO: "LB" LOCAL BUSINESS DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RETAIL STORE 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) 3PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRIN'T'ED IN 8 411 x 11" FORMAT. SIGNED, .:`� SIGNED, FOR 2411 LLC FOR WEDGAR,r INC. PETITIONED PREPARED BY: RANCH, HARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234 -4003 p.. c.. ems. .�_,....:...+...._�..- ....,. -.. ..c.nvw... N.v...:, jijs r } J �a THAT PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT # 1 OF THE PLAT OF "FRISK-ROWE MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9723555 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND LOT # 1 OF THE PLAT OF "WEDGAR MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9730307 IN THE RECORDS OF THE ST. JOSEPH COUNTY, IND-TANA RECORDER'S OFFICE. CONTAINING 2.99 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. Wedgar Inc. PO Box 2829 South Bend, IN. 46680 Tax Key # 018 8013 060104 Sheet Metal Works Union Local 20 2828 E 45th St Indianapolis, IN. 46205 Tax Key # 018 8013 060103 Fred Heaney 2508 S Main St South Bend, IN. 46614 Tax Key # 018 8013 060501 Main Realty 2310 S Main St South Bend, IN. 46614 Tax Key # 018 8013 0602 Lester & Janell Emerson 2405 Michigan South Bend, IN. 46614 Tax Key # 018 8013 0613 Kevin Howell 2429 S Michigan South Bend, IN. 46614 Tax Key # 018 8013 0618 Ronald & Kathy Oesch 64555 31 South Lakeville, IN. 46536 Tax Key # 018 8013 0621 Jeff & Joyce Whiteman 2517 S Michigan South Bend, IN. 46614 Tax Key # 018 8013 0624 Property Owners Within 300 Feet 2411 LLC 2310 S Main St South Bend, IN, 46614 Tax Key # 018 8013 0601 Fred & Debra Heaney 2508 S Main St South Bend, IN, 46614 Tax Key # 018 8013 0607 1 st Source Leasing PO Box 1602 South Bend, IN. 46634 Tax Key # 018 8013 0603 1st Source Leasing Inc. PO Box 1602 South Bend, IN. 46634 Tax Key # 018 8013 0608 State of Indiana Dept of Correction Marion County 2411 South St South Bend, IN. 46614 Tau KPxt t n1 FR Rn1� nF'i14 Edward & Penelope Pinkerton 69044 Gordon Road Cassopolis, Ml. 49031 Tax Key # 018 8013 0619 Ronald Oesch 64555 US 31 S Lakeville, IN, 46536 Tax Key # 018 8013 0623 New Life Deliverance Center Inc 2521 S Michigan St South Bend, IN. 46614 Tax Key # 018 8013 0625 Company G LLC 2511 S Main St South Bend, IN, 46614 Tax Key # 018 8013 060102 Fred Heaney 2508 S Main St South Bend, IN. 46614 Tax Key # 018 8013 0605 Main Realty PO Box 2675 South Bend, IN. 46680 Tax Key # 018 8013 060301 Renew Inc 2401 S Michigan South Bend, IN. 46614 Tax Key # 018 8013 0612 State of Indiana Dept.of Corrections 804 State Office Building Indianapolis, IN. 46204 Tax Key # 018 8013 0615 Jerry Bottoroff 2507 S Michigan South Bend, IN. 46614 Tax Key # 018 8013 0620 Fred Heaney 2508 S Main South Bend, iN. 46614 Tax Key # 018 8013 0622 New Life Deliverance Center Inc PO Box 11431 South Bend, IN_ 46634 Tax Key # 018 8013 0626 Tapmot Inc Axelberg & Axelberg LLC New Life Deliverance Center Inc 509 W Washington 1902 S Main St PO Box 11431 South Bend, IN, 46601 South Bend, IN. 46613 South Bend, IN. 46634 Tax Key # 018 8013 0627 Tax Key # 018 8011 0489 Tax Key # 018 8013 0629 Billie May Jr Clare E Sr.& Verda Webber Jose Luis Bueno 229 W Ewing Ave 418 E Ewing Ave 225 W Ewing South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8012 0587 Tax Key # 018 8012 0588 Tax Key # 018 8012 0589 Yolanda Flores Anthony Ray Lee David & Joan Whitaker 223 VV Ewing 221 W Ewing PO Box 10056 South Bend, IN, 46613 South Bend, IN. 446613 South Bend, IN. 46680 Tax Key # 018 8012 0590 Tax Key # 018 8012 0591 Tax Key # 018 8012 0585 Thelma Owens Monique Inc Monique Inc 2214 S Lafayette 3019 S Michigan St 3019 S Michigan St South Bend, IN, 46613 South Bend, IN, 46614 South Bend, IN, 46614 Tax Key # 018 8012 0584 Tax Key # 018 8012 0583 Tax Key # 018 8012 0582 Jerome & Janet Ivacic Axelberg & Axelberg LLC Garrison & Helen Haynes 3019 S Michigan St 1902 S Main 2206 S Main St South Bend, IIN. 46614 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8012 0579 Tax Key # 018 8012 056702 Tax Key # 018 8011 0510 Good Faith Electrical Services Good Faith Electrical Services Inc Good Faith Electrical Services Inc 9211 Pokagon Road 9211 Pokagon Rd 9211 Pokagon Rd Berrien Center, MI. 49102 Berrien Center, MI. 49102 Berrien Center, Mi. 49102 Tax Key # 018 8011 0513 Tax Key # 018 8011 0516 Tax Key # 018 8011 0519 Good Faith Electrical Services Inc. Wedgar Inc. Good Faith Electrical Services Inc. 9211 Pokagon Rd PO Box 2829 9211 Pokagon Road Berrien Center, MI. 49102 South Bend, IN. 46680 Berrien Center, Mi. 49162 Tax Key # 018 8011 0522 Tax Key # 018 8011 0518 Tax Key # 018 8011 0523 Ewing Realty Thomas L Grubbs Thomas & Linda Grubbs 2306 S Main 2221 S Michigan St 2221 S Michigan St South Bend, IN. 46614 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8011 0526 Tax Key # 018 8011 0528 Tax Key # 018 8011 0524 First National Bank of America First National Bank of America Overgaards Artcraft Printers Inc. 241 E Saginaw Suite 600 241 E Saginaw Suite 600 2213 S Michigan St East Lansing, Mi. 48823 East Lansing, MI. 48823 South Bend, IN. 46613 Tax Key # 018 8011 0517 Tax Key # 018 8011 0514 Tax Key # 018 8011 0520 f 3 _1*14 Vanch, M #CHAEL J. ®ANCH, L.A. RON HARNER, P.S. South Honorable Members of the City of r Common Council South 4th Floor County-City Building •" Indiana 46601 Land Surveyors & Professional Engineers Landscape Architects Land Planners m, - wr RED Rezoning Petition for South Bend Parks Department and South Bend Animal Control for property located at 521 Eclipse Place, South. Bend, Indiana. 46625 Dear Council Members Our clients are requesting the approval of a Rezoning Petition for the property located at 521 Eclipse Place, South Bend, Indiana. This requested Rezoning would alloy for the re-location of the City's Animal Shelter facility presently .located on South Olive Street. This rezoning will allow for a larger and modern Animal Shelter facility, which will be operated by the City of South Bend. They believe this facility would be an acceptable use along this portion of Bendix Drive and Eclipse Place with the other existing mined uses in the neighborhood. if you have any questions concerning this matter, please feel free to gave me a call at 234 -4003. Sincerely, 1643 Commerce Drive a South Bend, IN 46625 office 5741234 -4003 m 80015944003 0 Fax 5741234-4119 r' ''i . j 20S West Mars m Berrien Springs, MI 49103 oice 269/471 -3010 iff Fax 2691471 -7237 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 521 ECLIPSE PLACE SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 2, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT 521 ECLIPSE PLACE, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE GB GENERAL BUSINESS DISTRICT TO ALLOW FOR A CITY OPERATED ANIMAL SHELTER FACILITY. NOW T'HEREF'ORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495 -04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CI'T'Y OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE NORTH - RIGHT -OF -WAY LINE OF BENDIX DRIVE WITH THE EAST RIGHT -OF" -WAY LINE OF GOODLAND AVE.; THENCE NORTH ALONG THE EAST LINE OF GOODLAND AVENUE A DISTANCE OF 487 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 562 FEET MORE OR LESS; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID GOODLAND AVE. A DISTANCE OF 473 FEET MORE OR LESS TO THE NORTH LINE OF SAID BENDIX DRIVE; THENCE SOUTHWESTERLY ALONG SAID NORTH LINE A DISTANCE OF 562 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 6.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS GB GENERAL BUSINESS DISTRICT. SEC'T'ION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EF'F'ECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. OR •`°— r ,... e�.,F��� r _ op�t6c�.f MEMBER OF THE COMMON CO CIL moon 0 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 .Nl. MAYOR, CITY OF SOUTH BEND, INDIANA t s9 ,2L "-i:i� ife lx t � �!' F 7 1 �_ DATE FILED APPLICATION NO.o.,. DATE RECEIVED BY AREA PLAN COMMISSION UNDERSIGNED MARE COMMON s OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: 521 ECLIPSE PLACE, SOUTH BEND, INDIANA 46628. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SOU'T'H BEND PARKS DEPARTMENT AND SOUTH BEND ANIMAL CONTROL 321 EAST WALTER STREET SOUTH BEND, IN 46614 PH. NO. 574 -299 -4765 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT TO: GB GENERAL BUSINESS DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). CITY OPERATED ANIMAL SHELTER (KENNEL) 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A VOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 ;-V' X 11" FORMAT. W3 DANCE, HARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234 -4003 F, FF f. 1 THAT A PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE NORTH - RIGHT -OF -WAY LINE OF BENDIX DRIVE WITH THE EAST RIGHT-OF-WAY LINE OF GOODLAND AVE.; THENCE NORTH ALONG THE EAST LINE OF GOODLAND AVENGE A DISTANCE OF 487 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 562 FEET MORE OR LESS; THENCE SOUTH PARALLEL WITH THE EAST TINE OF SAID GOODLAND AVE. A DISTANCE OF 473 FEET MORE OR LESS TO THE NORTH LINE OF SAID BENDIX DRIVE; THENCE SOUTHWESTERLY ALONG SAID NORTH LINE A DISTANCE OF 562 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 6.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. Property Owners Within 300 Feet South Bend Community Schools Kenneth Washington Timothy G Scott 215 S. St.Joseph 3026 Westmoor 3018 Westmoor South Bend, IN. 46601 South Bend, IN, 46628 South Bend, IN. 46628 Tax Key # 018 2070 2554 Tax Key # 018 2056 2024 Tax Key # 018 2056 2025 Clinton & Ruth Mack Terry D Beck Michael R Riffel 3010 Westmoor 3002 Westmoor 719 Goodland South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2056 2026 Tax Key # 018 2056 2029 Tax Key # 018 2056 2030 Charles A White Albert & Shenna Garvin Albert & Sheena Garvin 715 Goodland Ave 3003 Longley Ave 3003 Longley Ave South Bend, IN, 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2056 2040 Tax Key # 018 2056 2041 Tax Key # 018 2056 2042 Hugh Lambert Renew Inc Jerome Ivancic 28041 Layton Rd 914 LWW 3019 S Michigan St North Liberty, IN, 46554 South Bend, IN. 46616 South Bend, IN. 46614 Tax Key # 018 2056 2039 Tax Key # 018 2056 2038 Tax Key # 018 2056 2037 Lois Veen Lois A Veen Lois A Veen 3018 Longley Ave 3018 Longley Ave 3018 Longley Ave South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2055 1971 Tax Key # 018 2055 1972 Tax Key # 018 2055 1973 Richard & Alice Karczewski Donald & Dolores Andrzejewski Richard & Alice Karczewski 3012 Longley Ave 3006 Longley Ave 3012 W Longley Ave South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2055 1974 Tax Key # 018 2055 1975 Tax Key # 018 2055 197401 Kimberly Davis Bendix Corp. Honeywell Inc. Leeanne Thielmann 3002 Longley Ave PO Box 4900 3017 Rogers St South Bend, IN, 46628 Scottsdale, AZ 85261 South Bend, IN, 46628 Tax Key # 018 2055 1976 Tax Key # 018 2055 1984 Tax Key # 018 2055 1985 Patricia Byrd Buford & Ernestine Freeman Linda Lowrance PO Box 11013 615 Goodland 664 41st Street South !Bend, IN. 46634 South Bend, IN. 46628 Oakland, CA. 94609 Tax Key # 018 2055 1986 Tax Key # 018 2055 1987 Tax Key # 018 2055 1988 Scott Trost & Christine Sykes James R Philfips Florida M Smith 3001 Roger St 3018 Rogers PO Box 3910 South Bend, IN, 46628 South Bend, IN, 46628 South Bend, IN. 46619 Tax Key # 018 2056 1990 Tax Key # 018 2055 1997 Tax Key # 018 2055 1996 Jaynes R Phillips Michael B Roseman Bendix Corp. 1 HoneywO Inc. 3018 Rogers 3010 Rogers PO Box 4900 South Bend, IN, 46628 South Bend, IN. 46628 Scottsdale, AZ 85261 Tax Key # 018 2055 1998 Tax Key # 018 2055 2000 Tax Key # 018 2055 2001 Bendix Corp_ I Honeywell Inc PO Box 4900 Scottsdale, AZ. 85261 Tax Key # 018 2055 2006 City of South Bend 1200 County City Building South Bend, IN. 46601 Tax Key # 018 2066 2416 City of South Bend 1200 County City Building South Bend, IN. 46601 Tax Key # 018 2066 2445 City of South Bend 1200 County City Building South Bend, IN. 46601 Tax Key # 018 2066 2414 City of South Bend 1200 County City Building South Bend, IN. 46601 Tax Key # 018 2066 2417 City of South Bend 1200 County City Building South Bend, IN. 46601 Tax Key # 018 2066 2450 City of South Bend 1200 County City Building South Bend, IN. 46601 Tax Key # 01 8 2066 2415 City of South Bend 2615 Kenwood Ave South Bead, IN. 46628 Tax Key # 018 2066 2436 t MICHAEL J. RANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bead, Indiana 46601 Land Surveyors ig Professional Engineers Landscape Architects m Land Planners Dear Council Members: Our clients are requesting the approval of a, Rezoning Petition for their property .located at the Northeast corner of Cleveland Road and Mayflower Road, South Bend, Indiana. The vacant property is approximately 44.33 acres in size. The owners desire to rezone the property from the classification of O Office District to the PUD Planned Unit Development District to allow for permitted uses under the following classifications: MFi Urban Corridor Multifamily District, LB Vocal Business District, CB Community Business District and the GB General Business District. As shown on the provided preliminary site plan the owners envision a mixture of uses for the property which include a residential component of a multi - generational community, a retail component of a commercial center, smaller individual commercial sites for retail and restaurants and a larger site for single commercial user. This mixed development would be tailored to meet the needs of the existing residential neighborhoods located in close proximity to this site and also meet the needs for the mix of existing commercial and industrial users located along this portion of Cleveland Road. Our clients believe that this type of a mixed- -use development would fit well for this Northwest City neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 34-4003. Y . V' .7'V' � is q I d 55 �s%z��;rt�s?� CpqA ppgq�p� 1643 Commerce Drive ® South Bend, IN 46628 208 West Mars a Berrien Springs, M149103 office, 5741234 -4003 e 8001594 -4003 R Fax 5741234 -4119 office 2691471 -3010 a Fax 2691471 -7237 AN ORDINANCE i;: r - THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NOR #F CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE VACANT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46625, AND IS PRESENTLY ZONED 0 OFFICE DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE PUD PLANNED UNIT DEVELOPMENT DISTRICT TO ALLOW FOR USES PERMITTED UNDER THE FOLLOWING DISTRICTS: MFI URBAN CORRIDOR MULTIFAMILY DISTRICT, LB LOCAL, BUSINESS DISTRICT; CB COMMUNITY BUSINESS DISTRICT AND THE GB GENERAL BUSINESS DISTRICT. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. ORDINANCE NO. 9495 -04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, S'T'ATE OF INDIANA: �rl MEMBER OF THE COMMON COUNCIL a M' 9 F�VQ-4*lja CITY CLERK PRESENTED BY HE 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. 1`0T APPROVED R fR^fD P;',SSW P Cf7Y C. 01, NFIX DATE FILED APPLICATION NO. DATE RECEIVED BY PAPAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1) . THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: NORTHEAST CORNER OF CLEVELAND ROAD & MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628 2) . NAME AND ADDRESS OF PROPERTY OWNER (S) OF THE PETITION SITE: BRICK ROAD LLC 58000 WEST EIGHT MILE ROAR NORTIiVILLE, MICHIGAN 48167 (248) 361 -3669 3).NAME AND ADDRESS OF CONTINGENT PURCHASERS), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: 0 OFFICE DISTRICT TO: PUD PLANNED UNIT DEVELOPMENT DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): PRIMARY PERMITTED USES LISTED IN THE: A). MF1 URBAN CORRIDOR MULTIFAMILY DISTRICT; B). LB LOCAL BUSINESS DISTRICT C). CB COMMUNITY BUSINESS DISTRICT D). GB GENERAL BUSINESS DISTRICT 6) . ATTACHED IS A COPT' OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF DAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION N PROPERTY (F) A LOCATION M.&P, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '-�" x 11" FORMAT -P:�\ fox . FOR: BRICK ROAD LLC 58000 WEST EIGHT MILE ROAD NORTUVILLE, MICHIGAN 48167 (248) 361-3669 PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574) -234-4003 Property Owners Within 300 Feet Norman & Bonnie Mueller Clayton & Dolores Close Robert Pryer 23234 Brick Road 23206 Brick Rd 23178 Brick Rd South Bend, IN, 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019910 Tax Key # 004 1012 019901 Tax Key # 004 1012 019905 Frank & Virginia Tirotta Joshua & Keyna Martinez Patricia Ransberger 23166 Brick Rd 23595 Brick Rd 51913 Mayflower Rd South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019936 Tax Key # 004 1009 015616 Tax Key # 004 1009 015610 Neil & Diana Dockemeyer Neil & Diana Dockemeyer Mark & Margaret Donoho 23573 Brick Rd 23573 Brick Rd 23555 Brick Rd South Bend, IN, 46628 South Bend, IN. 46628 South Bend, IN, 46628 Tax Key # 004 1009 015614 Tax Key # 004 1009 015617 Tax Key # 004 1009 015609 Mark & Margaret Donoho Richard & Patricia Lutz Pauline Yeakley 23555 Brick Rd 23501 Brick Rd 51975 Mayflower Road South Bend, IN, 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1009 015608 Tax Key # 004 1009 015613 Tax Key # 004 1009 015612 Maureen Donlon Daniel & Kimberly Eckhart Patricia Ransberger 51955 Mayflower Rd 51935 Mayflower Rd 51913 Mayflower Rd South Bend, IN. 46628 South Bend, IN, 46628 South Bend, IN. 46628 Tax Key # 00 41009 015607 Tax Key # 004 1009 015615 Tax Key # 004 1009 015610 Holy Trinity Evangelical Lutheran Robert & Veldoris Nielsen Robert & Veldoris Nielson Church 23435 Brick Rd 23413 Brick Rd 51900 Mayflower Rd South Bend, IN. 46628 South Bend, IN. 46628 South Bend, iN. 46(528 Tax Key # 004 1009 0158 Tax Key # 004 1009 015901 Tax Kt-v it W) 41nnR n1.F,Rn1 Ralph & Martha Whiting Orval Sellers Orval Sellers 1 Connie Warnke 6450 Miami CR.Apt. 205 23287 Brick Rd 23287 Brick Rd South Bend, IN. 46614 South Bend, IN, 46628 South Bend, IN. 46628 Tax Key # 004 1009 015902 Tax Key # 004 1009 0160 Tax Key # 004 1009 016001 Home City Ice Co. Rew LLC Gregory P Barkley P.O.Box 111116 5681 W Cleveland 17780 Waxwing Ln Cincinnati, OH. 45211 South Bend, IN. 46628 South Bend, IN, 46635 Tax Key # 025 1018 061615 Tax Key # 025 1018 061605 Tax Key # 025 1018 061607 South Central Industrial Properties Oi Capital Corp Poch! Investments LLC 16225 Park Ten Place #200 421 Second St P-0-Box 1630 Houston, TX. 77084 Elkhart, IN. 46516 Green Bay, Wl. 54305 Tax Key # 025 1018 061606 Tax Key # 025 1018 061602 Tax Key # 025 1018 061611 ®i Capital Corp USF € olland Inc. Gladys Shively i Frank &Marian Hutto 421 S. Second St 750 E. 40th St. 58000 W. 8 Mile Road Elkhart, IN. 46516 Holland, ill. 49423 Northville, MI, 48167 Tax Key # 025 1018 061612 Tax Key # 025 1018 0618 Tax Key # 025 1018 0620 Brian & Sharon Steinke Marc & D €ana Breden Clint Dewispelaere 23231 Brick Rd 23140 Brick Rd 52041 Patricia Lane South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1009 016101 Tax Key # 004 1012 019904 Tax Key # 004 1012 019903 Dennis & Beverly Hanyzewski Mason & Stephanie Rusk James & Catherine Riordan 52040 Patricia Lane 52035 Tara Drive 52069 Patricia Ln South Bend, IN, 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019926 Tax Key # 004 1012 019934 Tax Key # 004 1012 019925 Brent & Sharon Myers Tamara Robert & Carolyn Gaby John Pierson Revoc.Living Trust 52062 Patricia Lane 52057 Tara Dr 52101 Patricia Lane South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019927 Tax Key # 004 1012 019906 Tax Key # 004 1012 019909 Kenneth & Jerrie Balogh Joseph & Jacqueline Kozakiewicz Richard & Carolyn Caddens 52100 Patricia Lane 52189 Patricia Lane 23136 Acadia South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019928 Tax Key # 004 1021 019921 Tax Key # 004 1012 019907 Gretchen Katiun Gretchen Katiun Robert & Norma Span 23156 Acacia PI 23156 Acacia PI 52167 Patricia Ln South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019919 Tax Key # 004 1012 019920 Tax Key # 004 1012 019922 Frank & Prances Bie&nger James L Galeziewski Tuliptree Associates LLC 52141 Patricia Ln 52119 Patricia Lane 2180 Hornig Road South Bend, IN. 46628 South Bend, IN. 46628 Philadelphia, PA. 19116 Tax Key # 004 1012 019923 Tax Key # 004 1012 019924 Tax Key # 025 1012 019937 Edward & Helen Jittler Eugene & Roberta Zarembka 52120 Patricia Lane 23155 Acacia PI South Bend, IN. 46628 South Bend, IN, 46628 Tax Key # 004 1012 019930 Tax Key # 004 1012 019931 LEGAL DESCRIPTION A PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 35 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS # 1 THROUGH # IO OF THE PLAT OF "HUTTO MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0833593 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE. CONTAINING 43.33 ACRES MORE OR LESS, SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.