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Home My WebLink About04-26-10 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, APRIL 26, 2010 7:00 P.M. 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. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT.T_ TT(1 20-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF $71,000.00 FROM COLLEGE FOOTBALL HALL OF FAME CAPITAL FUND (#677) FOR THE HALL OF FAME BUILDING'S REPAIRS, MAINTENANCE, OR CAPITAL REPLACEMENT 21-10 PUBLIC HEARING OF A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $353,437.00 FROM THE PARKS AND RECREATION FUND (#201) TO EMPLOY SEASONAL LABORERS 04-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF 19-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND (#436), THE NORTHEAST NEIGHBORHOOD RESIDENTIAL TIF FUND 22-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER ALONZO WATSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND 8. BILLS, THIRD READING BILL N0. TIME: 20-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF $71,000.00 FROM COLLEGE FOOTBALL HALL OF FAME CAPITAL FUND (#677) FOR THE HALL OF FAME BUILDING'S REPAIRS, MAINTENANCE, OR CAPITAL REPLACEMENT 21-10 THIRD READING OF A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $353,437.00 FROM THE PARKS AND RECREATION FUND (#201) TO EMPLOY SEASONAL LABORERS 04-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF 19-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND (#436), THE NORTHEAST NEIGHBORHOOD RESIDENTIAL TIF FUND 22-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER ALONZO WATSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND 9. RESOLUTIONS RTT.T. N(~ _ 10-15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT ~TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2010 POLICE DEPARTMENT, FIRE DEPARTMENT AND TEAMSTER LABOR NEGOTIATIONS 10. BILLS, FIRST READING RTT.T. RT(1 11. UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. BILL N0. 10-20 - SPECIAL EXCEPTION - 6879 ENTERPRISE DRIVE 2. BILL NO. 10-21 - SPECIAL EXCEPTION - 1019, 1019 '~, AND 1021 N. ST. PETER STREET B. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 15-10 - REZONING - 521 ECLIPSE PLACE 2. BILL NO. 16-10 - REZONING - NORTHEAST CORNER OF CLEVELAND AND MAYFLOWER ROAD 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: ~o-t~ 4SpUTHB~~ ~ ~ ~ ~ ~ - O ~\ \1~1~I,/~j~ O \\ \P6ACE/j ' Y^ ~ ~. ~ r'z- ~ a ^ r r 1865 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER April 5, 2010 Mr. Derek Dieter President, South Bend Common Council 4`~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Appropriating $71,000.00 from College Football Hall of Fame Capital Fund (#677) foI• Capital Expenditures Dear President Dieter: As you know, when the South Bend Common Council approved and adopted the 2010 budget for City operations, no funding was included for repairs, maintenance or capital replacement of City assets in the College Football Hall of Fame building. This was the result of a joint recommendation between the Council and City due to the fact that the National Football Foundation had recently announced its termination of the agreement between South Bend and the Hall of Fame with an expiration date of December 31, 20l 0. Recently, the City Enbrineering Department has determined that repairs and expenditures of a capita] nature are necessary to maintain certain mechanical components of the Hall of Fame facility in good working order. A detailed description of the recommended repairs and replacements in the College Football Hall of Farne building is attached to this letter for the Council's information. South Bend is responsible for these costs per the definitions within the Second Interim Agreement between the City of South Bend and the National Football Foundation dated July 21, 2006. Both Public Works Director Gary Gilot and I will be available to present this ordinance to the Common Council at its Committee meeting and at the public hearing. Thank you for your consideration of this ordinance. S Gregg Contro ~l~~f~ ~l~ ~f~C~e'~ ~~~iCB ~~PP-72010 sG'Ird 4'Gu^F6 E CITY CCkRK, SG. a`N:7,1N. COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 -i ~ PHONE 574/235-921 G FAx 5741235-9928 TDD 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $71,000.00 FROM COLLEGE FOOTBALL ' HALL OF FAME CAPITAL FUND (#677) FOR THE HALL OF FAME BUILDING'S REPAIRS, MAINTENANCE, OR CAPITAL REPLACEMENT STATEMENT OF PURPOSE AND INTENT In September 2009, this Council approved and adopted the 2010 budget for City operations which did not include funding for repairs, maintenance or capital replacement for the Hall of Fame building owned by the City of South Bend. This was due to the fact that the National Football Foundation had recently announced its termination of the agreement between South Bend and the Hall of Fame expiring on December 31, 2010. The City Engineering Department has recently determined that certain expenditures and repairs of a capital nature are necessary to maintain the facility's mechanical parts in good working order, which costs are the responsibility of South Bend as set forth in the Second Interim Agreement between the City of South Bend and the National Football Foundation dated July 21, 2076. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of $71,000.00 is hereby appropriated from and set aside within College Football Hall of Fame Capital Fund (#677) for purposes of repairs and other expenditures of a capital nature necessary to maintain the Hall of Fame Building and its mechanical components in good working order. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor. ~... ~/J.. c!)«. ~ Member of the Common Co ncil Attest: City Clerk ~~^^yJ tf;.:..~~d ,. Presented by me to the Mayor of the City of South Bend, Indiana on the of _._, 2 , at --o'clock m, - day City Clerk Approved and signed by me on the day of _______~ 2 -m' , at o'clock Mayor, City of South B ne d r~.~fi ~.l,i :L] i ~'."~t:OYf.F :`:t.cD, Sr .art ` ......~._i xx w 4.'li~u p ~1 Cfi'^ ~t''1 {1•..'7ij~ ame Request for Additional Appropriation -Revised March 29, 2010 Descri sir compressor fir handler coil parts and labor for HVAC after inspection teplace mixing valve and thermostat on tempered water line ipare motor fo air handler .ock core for north exterior door ;rash doors and locks for two center exterior doors alarm monitoring service contract tVAC service contract 'ire suppression system service contract 'ire alarm testing service contract ,nnual hydorstatic tests of fire extinguishers :antingency (10%) otal (requires additional appropriation ordinance) Amount Rationale $45,000.00 Major capital expenditure 9,000.00 Major capital expenditure 3,000.00 Parts for building system 1,000.00 Parts for building system 2,500.00 Parts for building system 50.00 Building structure improvement 500.00 Building structure improvement 318.00 Annual service contract -preventative maim. 1,900.00 Annual service contract -preventative maim. 225.00 Annual service contract -preventative maim. 675.00 Annual service contract -preventative maim. 100.00 Annual service contract -preventative maim. 6,732.00 Unforseen additional capital items $71,000.00 Filters for HVAC system Inspection of HVAC system Weather stripping for exterior doors Five exterior light fixtures Dffice suite door painting 3athroom and gift shop painting f otal dew hinges for front counter, roster data base and cabinets teplace three outlets, one breaker, one switch 'aint front counter 'aint training center walls, pannels, and handrails 'aint 100 yard dash rails :arpei cleaning Vindow cleaning otal rand Total $4,000.00 Operarting supply 500.00 Operarting service 500.00 Routine maintenance 1,500.00 Routine maintenance 30.00 Routine maintenance 75.00 Routine maintenance $6,605.00 $75.00 Routine maintenance 50.00 Routine maintenance 100.00 Routine maintenance 150.00 Routine maintenance 75.00 Routine maintenance 1,000.00 Routine maintenance 750.00 Routine maintenance $2,200.00 $79,805.00 Recommendation : Submit an additional appropriation ordinance for $71,000.00 from Hall of Fame Capital Improvement Fund 677. Sufficient cash is present in the fund to support this additional appropriation. Review Team: City Controller, Public Works Director, City Engineer, PW Finance Director C ^'~ l SpUTNB~ ~ ~ ~ V ~. ~ I~- 04 ~\~11j1~1~~~~~'tp ` \\\ .~ ~~~/ .r ~:~~ .id ~\ \PEACE// 1 y r" r • 1865 CITY OF SOUTH BEND STEPHEN J. LUECI~, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GxEGG D. ZIENTARA CONTROL 1 FR April 5, 2010 Mr. Derek Dieter President, South Bend Common Council 4`~' Floor, County-City Building South Bend, 1N 46601 Re: Ordinance to Appropriate $353,437.00 from Parks Fund #20l Dear President Dieter: Attached for filing with and approval of the Common Council is an ordinance appropriating the suln of $353,437.00 from Parks & Recreation Fund #201. South Bend has been awarded a Community Service Block Grant from the American Recovery and Reinvestment Act of 2009. A copy of the grant application is enclosed for the benefit of Council members. The application requested "funds to employ forty (40) seasonal laborers for the Parks and Recreation Department and the Public Works Department of the City of South Bend." The purpose of the grant funds was to help South Bend achieve its non-housing revitalization goals including neighborhood clean-up, mowing vacant lots and yards of abandoned houses, boarding up abandoned houses, removing graffiti from public and private property, watering trees and landscaping areas, providing custodial services for public facilities, creating arts, crafts and cultural programming throughout the South Bend Park system, and also providing mentoring, educational support and life skills in a safe environment for youth in distressed neighborhoods after school hours. This appropriation will help achieve those goals. 1 will present this ordinance to the Common Council at its appropriate Committee meeting and at the public hearing. Thank you for your consideration. Sinc 1 ~;~=;~ - 7 2010 Greg , Z entara •--° -;~; ~; ; _r,:; --~-•" Contro ler O,~,I`~~~ ~ '~ t~. COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-921 G FAx 574/235-9928 TDD 574/235-5567 CG "~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $353,437.00 FROM THE PARKS AND RECREATION FUND (#201) TO EMPLOY SEASONAL LABORERS STATEMENT OF PURPOSE AND INTENT The City of South Bend has been awarded a Community Service Block Grant from the American Recovery and Reinvestment Act of 2009. Use of this grant money to (1) address the needs of the neighborhood's physical environment and (2) provide vital programs to the community's children is in the best interest of South Bend. This appropriation of grant funds will employ approximately 40 seasonal laborers for the Parks and kecreation Department and the Public Works Department of the City of South Bend. These laborers will perform jobs that will help achieve non-housing revitalization goals of South Bend's poorest neighborhoods, including neighborhood clean-up, mowing vacant lots and yards of abandoned houses, boarding up abandoned houses, removing graffiti from public and private property, watering trees and landscaping areas, providing custodial services for public facilities, creating arts, crafts, and cultural programming through the South Bend Park system, and providing inentoring, educational support, and life skills in a safe environment for youth in distressed neighborhoods after school hours. NO`N, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of $353,437.00 is hereby appropriated from and set aside within Parks and Recreation Fund (#201) for the purpose of employing approximately 40 seasonal laborers for the Parks and Recreation Department and for the Public Works Department of the City of South Bend. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor. Member of the Common Council Attest: City Clerk ~. °~ - ~- ~ ~~ ac~~E, art ~~ t~~ ~. Presented by me to the Mayor of the City of South Bend, Indiana on the day of ~, 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Mayor, City of South Bend 1 sP P.EhtG(~~~tt; Ft1GL,C }"<iF1~~G 'c' ...``G.ui'~~i _.:~:I:~ ~iiJSCf~-,' ~^ ~ `'~ •~. ~: .,. Fem.. . ~ ~.._": .':: v. r j,.. ... .. _~.. APPLICATION REAL SERVICES INC. Community Service Block Grant American Recovery and Reinvestment Act of 2009 Funds Entity Name: City of South Bend Department;_ Inter-Departmental Contact Person; Matthew Movers Email:_ rnrnoyers(~southbendIN.QOv Address: 321 E V~~alter Street Phone: 574-299-4768 ext. 248 DUNS Number: 07-432-7123 CCR Number: GSJOH6 Title: Sbeeial Projects Coordinator Fax; 574-299-4783 Project/Program Details 1. Brtiefly describe Program/I'r•oject/Services for the low-income population that will be supported with these funds. (Please see Attachment A for definition oflow-income.) The City of South Bend hopes to use the funding to support two different types of services: 1) Addressing the needs of the neighborhoods' physical environment, and 2) Providing vital programs to the children of those communities. Low-income households typically live in neighborhoods that that have the highest foreclosure rate, the highest number of abandoned buildings, are most affected by blight and graffiti and that have limited access to afterschool support, arts and culhrre programs and education or mentor support for their youth. departments mentioned hererrr cannot meet the demand for service without these additional workers. Jobs will include neighborhood clean-ups, mot~7ng vacant Iots and yards of abandoned houses, boarding up these houses, removing graffiti from public and private property, watering trees and landscaped areas, custodial service for public facilities, arts, crafts and culture progratnniing and support for a;fterschool and high school age programming, This application requests funds to employ 40 seasonal laborers for the Parks and Recreation Department and the Public. Works Department of the Citv of South B 2, Request Type: X Replace Lost Funding ^ New Program/Service X Expand Existing Funding ^ Other 3. Complete the following information to describe the positions your entity is requesting to fund with CSBG-A.RRA funds, Position Title Total Total Salaries Percent (%) of Total CSBG- Anuual and Benefits for position funded ARRA Dollars Salary and time period using CSBG- budgeted for this Benefit for 111/IO-9/15/10 AR.1tA fonds position osttion Seasonal Laborer N/A-Pull- $lOb,200 based Parks and Recreation- Time on 28 weeks of ~ 100% $106,200 ] 1 ositions Tem ora em to went Seasonal Laborer N/A-Pull- $144,682 based _ Public Works Time on 28 weeks of 100% $144,682 15 ositions ___ Tem or em to ment Seasonal Custodial N/A-Fall- $67,518 based on Labor Time 28 wecks of 100% $b7,518 Parks and Recreation- Temporary employment 7 ositions Seasonal Community N1A-Pull- $28,93b based on Center Programmer Timc 28 weeks of 100% $28,936 Parks and Recreation- Temporary employment 3 positions Seasonal Playground N/A-Fart- $6,201 based on Program Staff Time b weeks of ] 00% $G,201 Parks and Recreation- Temporary employment, 30 4 ositions hours/week TOTALS 40 N/A $ 353 54? 100% S 353 547 4. Provide a brief job description of each proposed ARRA position. 36 of the positions requested are classified by the City of South Bend's Human Resources Dept as Full-Time Temporary Workers (that is they work 40 hours per week.) These positions are paid at $8.00/hr and the employee receives Social Security and Medicare benefits. They will be employed during the highest need for seasonal laborers from March to September. This constitutes a 28-week window of potential employment. The other 4 positions (with the Playground Program) are part-time seasonal positions (which work less than 40 hours per week). These are also paid at $8.00/hr and the employee receives Social Security and Medicare benefits, but will only be employed for the six weeks in the summer the Playground Program operates. Parks and Recreation --Seasonal Labor These eleven employees will replace the lost labor force caused by budget shortfalls and mandatory Reductions in Vi~ork Force for the 2010 budget year. They will be assigned to small operational crews used to address neighborhood blight, park and property vandalism, and general maintenance and Code Enforcement issues. Primary duties will include graffiti removal, cleaning and cutting back foliage on city lots, park property and abandoned properties, mowing operations and the maintenance of the public restrooms throughout the park system. Public Works -Seasonal Labor These fifteen employees will be an expansion of the current Publio Works seasonal workforce, targeted to enforce Building Code Regulations such as moving lawns, alley clean-up, removing illegal damping sites, and cleaning and boarding-up abandoned properties, most of which are found in the lowest income census tracts. The increase in the rnimber of abandoned structures in South Bend is due to foreclosure that in turn has been directly related to the current recession and economic stress. Parks and Recreation -Seasonal Custodial Labor Seven custodial positions would be used to provide basic janitorial functions for the recreation centers that are open and provide free services across the City of South Bend. Three of these positions were terminated this year because of budgetary requirements; the other four would be used to adequately serve theunder-maintained facilities and return them to the 2007 standards, Rum Village Nature Center (1), Howard Park Senior Center (1), Charles Black, Sr. Community Center (1), Martin Luther King, Jr. Community Center (2), and the O'Brien Fitness and Recxeation Center (2) would be the respective home sites for these workers. Parks and Recreation -Seasonal Community Center Programmers Three positions are requested to providing programming at the Charles Black, Sr. and Martin Luther King, Jr. Community Recreation Centers. Return of these positions will allow the two Community Centers to continue afterschool and high-school age programming for the communities they serve. These programs provide safe environments for youth directly after school hours, provide life skills and mentoring opportunities and assist in educational preparedness for some of South Bend's most vulnerable neighborhoods. Parks and Recreation -Seasonal Playground Program Staff These four positions will be part of the Summer Playground Program, run by the South Bend Park and Recreation Department. This program is free to all the public, but is specifically targeted to the ARRA low-income portion of our community because the program functions as a distribution unit for the summer portion of the School Luncb program. Staff will be involved in teaching arts, crafts, sports and in the distribution of the lunches Although we have been forced to reduce the length of the season for this program, these are not replacement positions. Instead, this would allow the Parks and Recreation Department to return to the full range of services in the more limited time window. 5. Submit a copy of your most recent Audit Summary or Financial Review, if applicable. SEE ATTACHED (ATTACHMENT C) 6. Describe your entity's past experience, if any, working with REAL. Services, Inc. The City has provided funding for partnership initiatives with REAL Services in the past, and REAL Services is a partner in several aspects of the Howard Park Senior Center, including the Meals on Vi'heels/Senior Picnic collaboration. 7. Describe how CSBG-ARRA funds will assist with retaining or creating the positions described in questions #3 and #4. Most of the positions described are seasonal laborers, and these crews have a very large impact on neighborhoods and the "common property" of the City of South Bend. These crews usually provide labor-intensive work on short-term but necessary projects. Providing clean, safe properties and neighborhoods, remediating violations and hazardous conditions will have an immediate positive effect on the neighborhoods, but will also provide positive benefits to the working individuals and their families. Both the seasonal laborers and the programmer positions (at the community centers and at the Playground Program across the city at various park properties) simply will not be available without the assistance of the CSBG-ARRA funding. On March 19, 2008, Indiana Governor Mitch Daniels signed House Bill 1001 that capped property tax assessment of private residences to 1% of assessed value. The projected revenue shortfall for the City of South Bend (on its full implementation in 2010) was $22 million to $24 million. Frugal spending (in preparation for this Bill) had begun in 2008, but even with the monies conserved in 2008, city officials were forced to make more than $3.1 million in additional permanent cuts in personnel and services to complete a 2009 budget. Despite modifications to a Local Option Income tax and creation of a Public Safety tax to fund critical Police and Fire personnel, an estimated $6 million in lost revenue was not replaced in the 2010 budget and had to be balanced by termination of pcrsonnel and services compared to the diminished 2009 budget. This was compounded by the $2 million revenue decline to the city from the global economic crisis. In comparison to 2008 levels, the City has cut more than 80 positions and the accompanying services provided by that staff as result of revenue declines. The Mayor, Division Heads and most directors have taken mandatory 5% salary cuts. Non- bargaining staff s pay for the entire city has been frozen for the past two years. Seasonal positions were the most heavily affected, many being completely eliminated. The CSBG - ARRA grant will restore a portion of those services to the sections of our community that are most likely to have been most affected. 8. Describe anticipated Goals and Specific Outcomes. COAL; TO IMPROVE T1IE PHYSICAL ENVIRONI\~IENT OF SOUTH BEND'S DISTRESSED NEIGHBORHOODS. Objectives: • Employ 33 seasonal laborers v~rithin two City departments • Employ low-mod income individuals who are unemployed. Outcomes; o Blight is reduced in the most vulnerable neighborhoods in the City o Arson is reduced by the clean-up and maintenance of abandoned homes o City properties, parks, alleys and neighborhoods are kept in good condition for both residents and visitors. (City Plan, CB 4, PF I.1.1) o Code, Building and environments! ordinances are enforced in a timely, consistent manner (City Plan, CB 4.~ o Parks and public "no cost" facilities are maintained to standard. GOAL: TO REDUCE UNEMPLOYMF,NT 1N THF, CITY OF SOUTH BEND Objectives: • Employ 40 seasonal laborers within two City departments and five different skill sets. • Employ low-mod income individuals who are unemployed. Outcomes: o Seasonal workers are immediately eligible for full-time employment in any City department who needs their skills and abi]ities as full-time employees either quit or retire o Re-establish a good work record o Learn new skills that could be applied to other job opportunities GOAL: PROVIDF, VITAL SERVICES TO YOUTH Objectives • Re-establish 20081evels of service with the Playground Program and at the two Community Centers' afterschool and high school programs. • Employ low-mod income individuals who arc unemployed. Outcomes: o School lunch program in the summer months continues at distribution sites. o Aris, crafts and culture programs offered free-of-charge through park system to youth, o Educational support, mentoring, life skills and a safe emironmeni after school hours preserved for youth ui distressed neighborhoods. 9. Complete the Risk Assessment Assurance Form (Attachment B) SEE ATTACHED Attachment A These jobs will not only employ low-income residents, but they will provide services to the low- and moderate-income neighborhoods of the City of South Bend most in need. The City will use the grant funds for employment and projects citywide but with a focus on public or abandoned private properties in distressed neighborhoods. According to data from the 2000 Census, the latest comprehensive data available, the City had A median household income of $32,439 (compared to $40,420 for St. Joseph Count) as a whole) 53.0% of its population classified as low or moderate income 16.7% of its population is below the poverty level A population that is 66.1 % White, 24.6% Black/African American, and 8.5% Hispanic One focus of the neighborhood clean-up and maintenance activities will be the neighborhoods surrounding the Charles Black Recreation Center and the Martin Luther King, Jr. Recreation Center. The grant will also provide support for programs offered at these locations. Both the Charles Black and the Martin Luther King, Jr. Community Centers function as recreational, leisure and social anchors to their conununities. The Charles Black Recreation Center falls in Census Tract 23. According to 2000 Census figures, this census h~act had A median household income of $20,262 71.1% of its population classified as low or moderate income 31.7% of its population is below the poverty level A population that is 79.1 % Black/African American, 12.4% Hispanic, and 9.8% White The Martin Luther King, Jr. Recreation Center falls in Census Tract 21. According to 2000 Census figures, tlvs census tract had A median household income of $21,250 70.0% of its population classified as low or moderate income 34.4% of its population is below the poverty level A population that is 75.0% B1acklAfrican American, 17.7% White, and 7.0% Hispanic According to HUD data, Census Tract 2l has one of the nation's highest levels of foreclosed ar~d vacant houses. Census Tract also suffers from some of the City's highest concentrations of vacant lots, vacant buildings, and foreclosed properties. The grant will supplement other efforts to improve the City's neighborhoods. The Charles Black Recreation Center falls within the City's first Weed & Seed area, a geography participating in the federal program to weed out crime and seed in social services and neighborhoodunprovements. The Martin Luther King, Jr. Recreation Center is located within the City's second Weed &.Seed- area. --._._... •-•-• ,: sir.:;cs r._ -. ~~; ._ •~ ?010 ,:, 1222 $. MICHIGAN STREET SOUTH BEND, INDIANA 46601-2821 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR SOUTH BEND FIRE DEPARTMENT HOWARD W. BUCHANON FIRE CHIEF PHONE 574/235-9255 FAx 574/235-9305 TDD 574/ 235-5567 ~~I.~ ~1~~ o`~~~~ April 16, 2010 Common Council Members County City Building South Bend, Indiana 46601 Dear Council Members: Re: Bill No. 04-10 Please pull Bill No. 04-10 Open Burning that was to be presented at the April 26, 2010 Common Council meeting. We have stronger language that will be clearer, better defined for recreational fires and open burning, how the ordinance would be enforced, by whom and penalties that would apply to the violator that becomes a repeat offender. Any questions or concerns you may have, please feel free to contact me. Si cerely, , - ~ W, H and W. Buchanon F Chief Fite t~ ~t~^~tt'~ ~tfice ~, ~ ~. ! 0 2010 jamlES I.oPEZ Marx M. Nowlcxt STEPHEN F. Cox FEDEIUCO RODRIGUEZ, JR ASST. CHIEF OPERATIONS ASSIST. CHIEF SERVICES ASST. CHIEF EMS FIRE MARSHALL 1~~`~~L~ ~. 4SpUTHg~,~ ~ ~. ~ ~ ~" ~ ~ ~~ a0` ~\~Il~l~l~j~~~ ,0 ~// r \~ ~\ ~ r ii ..,, ~~ \~~~j ` ~ ~~.~- , -', .a ^ 1865 CITY OF SOUTH BEND ST@PHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTaRA CONTROLLER April 5, 2010 Mr. Derek Dieter President, South Bend Colnlnon Council 4''' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Establishing a New Fund Within the City -The Northeast Neighborhood Residential TIF Fund (# 436) Dear President Dieter: The South Bend Common Council approved on July 20, 2007 the Northeast Neighborhood Residential Tax Increment Financing (TIF) District to, among other things, pI•ovide debt service financing for the City of South Bend's obligations relating to Eddy Street Commons. From inception to the present time the TIF District did not generate incremental tax revenue, therefore a separate fund was not established. With the completion of Eddy Commons, the TIF District will generate tax revenues. Therefore, in order to segregate these specific TIF funds within the City budget, it is necessary to establish a separate fund. This ordinance establishes a new Fund #436 entitled The Northeast Neighborhood Residential TIF Fund. From this fund and its TIF revenues, the City will pay the bond obligations due in February and August of 201 l and in subsequent years thereafter, with any excess funds to be used for purposes permitted by Indiana code. . For the information of the Common Council, I attach a Inap showing the Northeast Neighborhood Development area and the specifically designated Residential TIF district. will present this ordinance to the Common Council at its Committee meeting and at the public hearing. Thank you for your consideration of this .; inanc ~t`~'`~ ~R ~•~,~~per'f; ~`~.N~s~ Sinc r MFR - 7 2010 .~': ^i:1 i'L~~ii" Gregg ienta ~.~/ , :.'; ~• ,,~-; ;?. ~±~. Controller --~"" COUNTY-CITY BUILDING 2Z7 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9216 Fax 574/235-9928 TDD 574/235-5567 ~~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND (#436), THE NORTHEAST NEIGHBORHOOD RESIDENTIAL TIF FUND STATEMENT OF PURPOSE AND INTENT This Council approved on July 20, 2007 the Northeast Neighborhood Residential Tax Increment Financing (TIF) District to, among other things, provide debt service financing for the City of South Bend's obligations relating to Eddy Street Commons. It is now necessary to establish a separate Fund within the City as the repository of this new residential TIF district revenue to pay the bond obligations due in February and August of 2011 and in subsequent years thereafter per the terms of the City's financing obligation, with any excess funds to be used for those purposes permitted by Ind. Code § 36-7-14 et seq. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Northeast Neighborhood Residential TIF Fund (#436) is established within the City of South Bend to receive and disburse Tax Increment Finance (TIF) revenues for debt service financing of South Bend's bond obligations relating to Eddy Street Commons, with any excess funds to be used for appropriate expenditures permitted by Ind. Code § 36-7-14 et. se . SECTION II. Any disbursements from this Fund (#436) other than for debt service shall be subject to approval of this Council. SECTION III. This Fund shall be subject to any limitations and restrictions imposed by Ind. Code § 36-7-14 and any and all other applicable laws. SECTION IV. The monies deposited in this Fund shall remain in the Fund and shall not revert to the General Fund. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Comm~m Council, and approval by the Mayor. {..:. Member of the Common Cou it Attest: ~°~Its'~ ... , . .. _. ,. .9 0~'ty~ .' , 's ~.. Northeast Neighborhood Development Area Boundary as of Resolution No. 2350, 07/17/07 ~' i !' I - ,j;~i I Jl 'I.,~II I ~ rJ ~, I \ ~,,~ 4 ,::~~ Yvon V_.I., ~~-~ _ `\ t.. {{ 1 ~~~ s ' ~ . J'~/~? ~~ ~ t I~ ~ , _ 1 ~ _ ' CC a ~ ~ ~ ~ _ 7 ,.i i : ~. f , 7 ~ ~.i... ~~ft:; ;> ?l I ' ' "~+.'- ~-~r:~ii ~iY -. 7011 .t1 ,l ) ~ I i71i, t~ ' i . ~Ji L1_I> ~ j.~j ~i .-~ _ '.1" l .r..t ~ J _ J~'~ a '; i I t? t '; i ~{ .~~ r d 1 , t .1 i~~ ` r r~ y I~ it i / ~~~! z! i _ -~` , ~~~rT~i. ,.~ 1 r}~' ~~tl l }~{! +,(~iT}'-?~''~-I.} -~~~~ !,.,._.. i-_i ~~` i ~m i t :JIIliLI~I~LI.;M' ntey~~l'!:J':_Jlit!lj'yl !- - - '7.~Tr' ~r~i'- ~~ 1.- Ja_S-~alfs~~ t,7 - -iL,t r ;.=31! ~ ~~ t ~ t-_."+r~~i-!!lti; I~'L* ` I % L11111~~.!~.,~ii1~~!1 -; I('~ ~ _-,..1~ ~ ~,ll ~ ~r~ I~ijZ• I !~~ I~ ! ~ ~ ~ ~~ ~ '~ ~' ! _~k I ~IC` =~1 ~ j rj ~~~j 1~ i fi j I . I I j ~~ I`,~~ BA111~ 1} °-''I._.:~~.!s~ -1.L~_ :I~_~::rT~ I ~ ._._.)IL__l(L~111ji~ta~ 3II'T! I..li I-SI i.1.1:!; i_i ~~( IL:~~ ~ I I- ~~ 1~r ~ ;.~~ -_ ~ ~ i I I I:I.. ~ I'?~f-~~~ ''~ f -1. •-.I[~I ~ i ~~ ti --- Tf-; r-•-r i ~ ~~~~~(~ I I I ~r- ?y-E~F IL ' i- ~ ~ ~ \, - h I• ~ ;I. __ I ' ~i} : .a1~ 1~ . (`-' I I II F,' ' i~~~''~-'~rf1~~ :.1i' 11~t~`-t ~I~S~ r [. Y -. ~ ,~ i - ? I _ c .' `- F. ~ I~ t l i II: ! ~ ~~i-- I' i ~ ~' 1 I ( ~ i ' al ~` i ~ "~~ ~ !~ ~ .-.a" ~i~`ds ~ng~obj ! I~ .L I! 1 ~ ' ~ ,L! _~~~LLL 'tttLLLJJJJJJJJJJJJCCCCaaaC~~~Y11111~~1111~11111~~''9 Q~ li 11_:..~~I I ;Ir )_: 'i o.. '~., ~~ I i iZ•' _ -+ 111 .~t;t, .L~ c I~1 i11 FN--~ ~I ~ ' ~~ I l ' ~~ Il } ~ ~: I ~j T I ~ o I. ~..; I ~ , _ -,Ir.. ~ r I ~ 1 Prepared by: -t,-.~ ;1, j i;~ -~ ~-- T' ~ /, ~ NNDA Boundary Res 2350 ', t South Bend Department of ~!~ ' ~ ~ ~ ~ ' ~ I ' ' ~~t-~,' ~ esidential TIF District ';~. Communit & Economic Develo ment il::.~Nr~ '~".~~ -11 ~ ij ` -~'"'~~~^ ~'~ ' -~ y p } .!'r, ~'~~,,, •'~] outh Bend City Limfts I ; ~ ~i2vos ~ i pit-T->f'~~ ~;~'.~ _ ... -, - -,~ _I ~ . ~1 k t t M!1 J _ , i I i . ._. ~i ! ~ i. ; T1-i,i I y } f,~ ~i - 7 2010 r. \~ ~~, r~ -~ a x x 1865 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF THE MAYOR Apri16, 2010 Mr. Derek D. Dieter, President South Bend Common Council 435 County-City Building South Bend, Indiana 46601 RE: AN ORDINANCE OF THE COMMON COUNCIL OF TAE CITY OF SOUTH BEND TO TRANSFER ALONZO WATSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND Dear Council President Dieter: Attached for filing please find the above-referenced Ordinance to be considered by the Common Council for 1 SI Reading at its April 12, 2010 meeting. This Ordinance transfers ownership of Alonzo Watson Park to the Civil City of South Bend in order to facilitate the completion of the Ray and Joan Kroc Corps Community Center. It is anticipated that at its meeting of April 19, 2010, the South Bend Board of Park Commissioners will recommend that Alonzo Watson Park be transferred to the Civil City of South Bend. Final Council action on this bill approving that measure could then take place at its regularly scheduled meeting on Apri126, 2010. I will make the presentation of the Ordinance to the Council. Your favorable consideration is requested. Please do not hesitate to contact me if you have questions. Sincerely, Stephen J. Luecke Mayor, City of South enA COUNTY-CITY BUILDING ~ 227 W. JEFFERSON BOULEVARD ~ SOUTH BEND, IND ~ PHONE 574/235-9261 • Fax 574/235-9892 • TDD 574/235-5567 '~(cd to Cierls'S ~fififce AP9 - 7 2010 ~e,~,;~ vr?o,a~ .,;crrY ct.~~rx, so. ~=~a~, i~u. V'" Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana __. _..... ~--lL-~ ~ PUI3L;C Ei41,klPdG 3 rd REAJWG NO r A:'PROYED RIIERRED PASSED ,1~, i~ i ~.,~~ _. EXIfIBIT "A" (Legal Description) PARCEL I: 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 ofRuckman'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 II: Lots Numbered One (1) through Eight (8) as shown on the recorded Plat of Buysse's Subdivision of Lot Numbered Twenty (20) and The West Half of Lot Numbered Nineteen (19) in Ruckman's 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. PARCEL III: Lots Numbered Ten (]0) 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 all 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 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. PARCEL V: Lots Numbered Seventeen (17), Eighteen (18), the East Half of Lot Numbered Nineteen (19), Twenty-three (23) and Twenty-four (24) as shown on the recorded Plat of Ruckman's Subdivision of Bank Out Lot Numbered Seventy-five (75) of the First Plat of Out Lots of the Town, now City of South Bend as 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 West. EXCEPTING from the above parcels any portion thereof taken for the widening of Western Avenue and Chapin Street. '~..i S( :i-. 1400 C.OUN7Y-CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIAN~+ 46601-1830 CITY OF SOUTH BEND STEPHEN J. LvECKE, MAYOR DEPARTMENT ~F ~ .AW CHARLES $. LEONE CITYATTORNEY Mr. Derek Dieter, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 PHONE 574/235-9241 FAx 574/235-9892 TDD 574/ 235-5567 March 15, 2010 ALnDEaN M. DERosE CHIEF ASSISTANT CITYATTORNEY RE: Proposed Addition of various parcels to the Airport Economic Development Area Acquisition List and Confirming the Legal Description for the Airport Economic Development Area Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Airport Economic Development Area (AEDA) to add various parcels to the AEDA Acquisition List. Additionally, the RDC is seeking to reconfirm the legal description for the AEDA. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC's resolution is now submitted to the South Bend City Common Council for its approval. These parcels are in four specific target areas within the AEDA. The areas are targeted to enhance the surrounding businesses and neighborhoods, and in one instance, to partner with an educational facility to further their expansion needs in light of large increases in enrollment. Area 1: Ignition Park South The entire area north of Indiana Avenue, between Franklin on the east and Prairie on the west, was idelltified as "weak residential" in the 1995 Rum Village Neighborhood Action Plan, and as far back as 1971, as the logical southern boundary of the Studebaker Corridor redevelopme~lt area. This area is plagued by vacant lots, empty housing, and substandard commercial and rental units. Staff in the past met twice with the Rum Village Neighborhood Association, which strongly supports the redevelopment of this area. This study aroma encompasses the west side of Taylor Street as its eastern boundary and Prairie Avenue as the western boundary. This area consists of 50 vacant lots, 6 vacant THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN Mr. Derek Dieter Mar. 17, I, 0 Page 3 process is complete. Staff asks that these properties be added in case agreement cannot be reached to acquire properties included for Ivy Tech last year, and is not in addition to those properties. Staff feels having options will enable better negotiations. These properties consist of: • Four parcels of the Sinco property on Sample and Ohio • Five parcels of the Enyart property on Sample and Ohio • ~ Three parcels of the Mason Heating & Air Conditioning property on Sample and Ohio One vacant lot on Ohio Like last year's agreement, this would be a joint effort between the Commission and Ivy Tech, with the Commission purchasing the properties and Ivy Tech doing the interior work to turn these buildings into classrooms and / or storage areas. Attached is a letter from Ivy Tech's Chancellor, detailing their plans for these buildings if acquired. Estimated redevelopment costs for this area are estimated to be $1.4 million, which includes acquisition, relocation and professional services. Gorn P~ laza: This plaza was recently listed for sale, and would be a target acquisition that could help with the redevelopment of south Michigan Street, including the Burke building at the northwest corner of Garst and Michigan Streets, Real Services, or could allow for the redirection of Dean Johnson Parkway to Main Street. Tliis property has long been identified as a potential redevelopment site because of its proximity to Ivy Tech and Ignitiori Park. Estimated redevelopment costs for this property, which includes three parcels, is $500,000. This cost includes acquisition, demolition, relocation and professional services. Area 4: Airport Industrial Park, Phase 2 The City of South Bend and the St. Joseph County Airport Authority have been working together to coordinate infrastructure improvements and parcel acquisition in this area southeast of the airport complex. The City was recently approached by this parcel's owner, indicating their interest in selling if an agreement can be reached. "Chis parcel is between Maplewood and Sheridan, and would allow Maplewood to be closed and vacated adjacent and to the north of this property. The Commission currently owns four properties in this block. This parcel would be one of four currently not under control. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on March 5, 2010, approved and adopted its Resolution No. 2657 (the "Declaratory Resolution"), Exhibit A, amending the acquisition list in the Airport Economic Development Area Development Plan (the "Plan") for the Airport Economic Development Area (the "Area") and amending the Airport Economic Development Area Development Plan (the "Plan Amendment") and confirrraing the legal description for the Airport Economic Development Area; and WHEREAS, the Plan Amendment calls for the addition of various parcels located within. the Area, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bencl, Indiana (the "City"), on March 16, 2010, adopted and approved a resolution, a copy of which i~ attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and, approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commissioni to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. Exhibit A (Declaratory Resolution of the Redevelopment Commission) ~...r---- r ~.. ,,.9 ~f` .. .,.:.,v r r~' ~~ L--'~ i WHEREAS. Resolution No. 919 was further amended by Resolution No. l 796, adopted on October 20, 2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No. 9 and 10; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1798, adopted on October 20, 2000; and V~'HEREAS, Resolution No. 9 ] 9 was further amended by Resolution No.1827, adopted on February ] 6, 2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 1 l; and V~THEREAS, Resolution No. 919 was further amended by Resolution No. 1916, adopted on November l , 2002 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. l 2, 13, 14 and I5; and ~~VHEREAS, Resolution No. 914 was further amended by Resolution No. 1958, adopted on March 7, 2003; and WHEREAS, Resolution No. 919 was further amended by Resolution No.1977, adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 16; and ~'I~EREA,S, Resolution No. 919 was further amended by Resolution No. 2006, adopted on. November 7, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 17; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2019, adopted on December 19, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 18; WIiEREAS, Resolution'vo. 919 was further amended by Resolution No. 2064, adopted on July 2, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No.2090, adopted on October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2091, adopted on October 22, 2004; and . WIiEREA~s, Resolution No. 919 was further amended by Resolution No. 2106, adopted on November 5, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2144, adopted on sun~eys and investigations and to thoroughly study the Airport Economic Development Area within the City; WIiEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the Airport Economic Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed underthe Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit t4; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the lega] description~defining the Area has become unmanageable and should be restated and confirmed. I~'OW, THEREFORE, BE IT RESOLVER Bl' THE SOUTH BENS REDEVELOPIvIEKT COIt~IFvIISSIOl~i, GOVERP~ING BOIIY OF THE CITY OF SOUTH BEI~B UEIsARTh~ENT O1; REDEVELOPME]!'T, A.S FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment ofthe Area, it is necessary to acquire additional ]and within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; c) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $15,400,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other ADOPTEQ at a regular meeting of the South Bend Redevelopment Commission held on March 5, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 4GGU1. CITY OF SOUTH BENZ?, DEPARTMENT OF REDEVELOPMENT . ignnrurr Marcia I. Jones esident 'rinrc :\'unu• nn it r• Swath Bend Redevelopment Commission ATTEST: . igrranrrc Nancy N. King, Secretary rove . 'umc~ un ;~ ~ South Bend Redevelopment Commission `.---~'r",, T. ~ ;sue' "`-"~ ~.F~ f,'; ....~. r,. 1~'j V •~1 j ~~: Ru ~-"'~ fit` :;!~,'~"',:~,1N. r.. L'1.:- Ol 8.8003.0151 ~ ] 107 S Michi an St Jose It A & Geraldine L Gorn INDIANA AVE - T AYLQR to PRAIRIE Parcel # Fro erty Address Name Ol 8-8024-0981 1402 Prairie Amundson James M & Caro] D ~ 018-8024-098201 1402 Prairie Ave Amundson James M & Carol D 018-8053-2120 1504 Prairie Ave Veen Lois -- Problem Deed O] 8-8053-2121 1512 Prairie Ave Veen Beene D 018-8053-2122 15]4 Prairie Ave Veen Beene D 018-8053-2127 1522 Prairie Ave Bottorff Arthur E 018-8053-2129 1524 Prairie Ave Ma ee Thomas And Ma 018-8053-2130 1526 Frairie Ave Ma ee Thomas & Mary 018-8053-2131 ] 534 1536 Prairie Ave Trotter James C 018-8053-2] 32 1025 1027 Indiana Ave Bautista Armmando & Elva C 018-8053-2I33 1538 Prairie Bautista Armando & Elva C 018-8053-2]34 IOI7 W Indiana Hardin Alhert *Ptob Deed* Ol 8-8053-2141 1530 Kemble Cit Of South Bend O1$-8053-2139 1531 Kemble Ta for Distributors Of Indiana Inc 018-8053-2138 1527 Kemble Del ado Carlos & Monica 018-8053-2137 1525 Kemble Ave Thomas Bett B % Smitlt Bett 018-8053-2136 1521 Kemble Ave Rice Shirley D As The Mother And Legal Guardian Of Rice Cord 1 D ~ 018-$053-2135 1521 Kemble Ave Rice Shirley D As The Mother And Legal Guardian Of Rice Corder 1 D 018-8053-2]26 15] 9 Kemble Ave Ross Anthon Pierre 018-8053-2125 1515 Kemble Ave Peoples Choice National Homes * Problem Deed* O18-8053-2124 151 I Kemble Ave Davis Carla 018-8053-2123 1503 1505 Kemble Ave Carothers Alfred & Nathaniel Carothers Oi 8-8024-0962 l 8 Vac Lot 76x 175 Kemble , 1\'ew Jerse Ind And Ill Rr % Taxation De t 018-8024-0980 18 Vac Lot 76x 165 Catal a New Jerse Ind And Ill Rr 018-8024-0982 18 Vac Lot 50x350 Penn Cent Railroad Pro ert 018-8024-0973 18 1500 Blk Kemble Johnson James L & Cornelia A 018-8024-0964 1504 Kemble Allen Tom 018-8024-0965 1506 Kemble Smart Gu s Llc 018-8024-0966 1510 Kemble Washin on Arlenia Ol 8-8024-0967 l 5 ] 2 Kemble White Rose E 018-8024-0968 1514 Kemble Foster Lillie & Harkin James Derick 018-8024-0969 l5l 8 Kemble Cit Of South Bend 018-8024-0970 ] 524 Kemble Cit Of South Bend 018-8024-0971 1528 Kemble Perez Rosa 018-8024-0972 1530 Kemble St Dill William Charles 018-8024-0990 9l 3-915 W Indiana Bottorff Arthur E 018-8024-0991 909 W Indiana B & R Pro eriies A General Partnerslii 018-8024-0992 905 W Indiana B & R Pro eriies A General Partnershi 018-8024-0993 ~ 901-903 W Indiana Up Ventures Ii Llc % Newbridge Realty Ca ita) Ol 8-8024-0989 1525 Catal a Civi] Cit Of South Bend 018-8025-1019 1517 S Kendall Girolatno Robert Jr O] 8-8025-1018 1513 Kendall Mc inness Eric & Lu in W Ol 8-8025-1017 1509 Kendall Franklin Louise , O] 8-8025-1016 ~ 1505 Kendall Austin Darrel L Ol 5-8025-1015 1721 S Dou las (Vac Lot) Austin Darrel L 018-8026-1034 1502 Kendall Banko Ca ital L 018-8026-1036 V/L Ad' 1504 Kendall Cit Of South Bend Board Of P Works 018-8026-1038 1510 Kendall Villalba Irma & Marcos V Jt W/Ros 018-8026-1040 1514 Kendall Rum Villa a Nei hborhood Assoc 018-8026-1042 1518 Kendall Rum Villa a Nei hborhood Assoc 018-8026-1044 1522 Kendall Rum Villa a Nei hborhood Assoc 018-8026-1046 ] 528 Kendall Rum Villa a Nei hborhood Assoc 018-8026-1048 721 Indiana Kraft Tire Service Inc 018-8026-1050 713 W Indiana Holmes Damon 018-8026-1051 7091ndiana Individual Family & Community Develo ment OI 8-$026-1052 705 W Indiana Neff Ashle 018-8026-1053 701 W Indiana Fu Michael 018-8026-1047 1521 S Scott Rice Matthew L Ol 8-8026-1045 1521 S Scott Rice Matthew L 018-8026-1043 V\I. Ad' 1517 S Scott Rice Matthew L 018-8026-1041 1513 S Scott Hale Yolanda J Ol 8-8026-1039 1509 S Scott Strantz George S 018-8026-1037 1505 S Scott Cit Of South Bend 018-8026-1035 l 501 S Scott Cit Of Sb Bd Of Public Works 018-8026-1054 1502 Scott St Cit Of South Bend 018-8026-1055 Scott-Vac Lot St Cit Of South Bend O] 8-8026-1058 1508 Scott St Db fi Llc 418-8026-1059 1 S l2 S Scott St Wesszo Julius J & Helen M 018-8026-1062 1514 S Scott St Cardenas Yolanda 018-8026-] 063 1518 S Scott St Freita Nanc K 018-8026-106501 1520 Scott St Mbaabu Alice 018-8026-106502 1524 S Scott St Badua Ja ee 018-8026-1Ob5 S Scott-Vac Lot St Rector Everett And Erma 018-8026-1066 627 W Indiana Av Carrillo Lino G Ol 8-8026-1067 621 W Indiana Av Thaumatur s Inc 018-8026-1068 617 W Indiana Av . Baker Geor e 018-8026-1069 615 W Indiana Av ' Baker George 018-8026-]070 609 W Indiana Av Moni ue Inc 018-8026-1071 605 Indiana Av Thaumatur s Inc 018-8026-1072 601 Indiana Av Us Bank Na As Trustee 018-8026-1064 1519 S Ta for St Cit Of South Bend 018-8026-1061 1507 5 Ta for St Erin Real Estate Inc 018-8026-1060 1505 S Ta for St Messin er Linda & Werntz June 018-8026-1057 1503 S Taylor St Thomas William ~ 018-8026-1056 1501 Ta ]or St Horvat Derhonda & Anglemeyer Agnes Problem Deed* EXHIBIT B TO RESOLUTION N0.2657 RESTATEMENT OF THE LEGAL DESCRIPTION DEFIIr1ING THE AIRPORT ECONOMIC DEVELOPMENT AREA A PART OF SECTION 24 IN TOWNSHIP 38 NORTH, RANGE 1 EAST, AND SECTIONS 7,8,17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, AND 34 IN TOWNSHIP 38 NORTH, RANGE 2 EAST, AND SECTIONS 3, 4, 9, 10, 1 1, 12, 13, 14, 15, 16, 21, 22, 23 AND 24 1N TOWNSHIP 37 NORTH, RANGE 2 EAST, AND SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, IN GERMAN AND PORTAGE TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE INTERSECTION OF THE NORTHERN RIGHT-OF-WAY LINE OF LINCOLN WAY WEST AND THE EASTERLY RIGHT-OF-WAY LINE OF BENDIX DRIVE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 233 IN LINCOLN TERRACE ADDITION RECORDED IN PLAT BOOK i 3, PAGES 82-83 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTHEASTERLY ALONG NORTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST, A DISTANCE OF 572.5 FEET TO THE SOUTHEAST CORNER OF LOT 215 IN SAID LINCOLN TERRACE ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 125.5 FEET (ASSUMED) TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ARMORE TRAIL PROJECTED EASTERLY 31.5 FEET (ASSUMED) FROM THE NORTHEAST CORNER OF LOT 1 OF LINCOLN MANOR 2NO ADDITION AS RECORDED IN PLAT BOOK 11, PAGE 143 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 69 DEGREES 30 MINUTES WEST PARALLEL WITH THE CENTERLINE OF SAID ARDMORE TRAIL (PREVIOUSLY CRUMSTOWN AVENUE), A DISTANCE OF 381.5 (ASSUMED) TO THE NORTHWEST CORNER OF LOT 8 IN SAID LINCOLN MANOR 2NO ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER AND THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 1958.36 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WESTMORE STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WESTMORE STREET, A DISTANCE OF 9 FEET TO THE NORTHEAST CORNER OF LOT 9 IN LINCOLN MANOR 3RD ADDITION AS RECORDED IN PLAT BOOK i 2, PAGES 86-87 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 332.7 FEET TO THE SOUTHWEST CORNER OF LOT 17 IN SAID LINCOLN MANOR 3RO ADDITION; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 42 FEET TO THE SOUTHWEST CORNER OF LOT 18 IN SAID LINCOLN MANOR 3RO ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 214 NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, ALONG THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET, A DISTANCE OF 313.9 FEET TO 7HE SOUTHWEST CORNER OF LOT 88 IN ARNOLD'S 2ND ADDITION AS RECORDED IN PLAT BOOK 6, PAGE 63 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST PARALLEL TO SAID NORTH LINE OF SAID NORTHEAST QUARTER ALONG SAID NORTH RIGHT-Of-WAY LINE, A DISTANCE OF 297 FEET TO THE SOUTHWEST CORNER OF LOT 53 IN SAID OAK GROVE 1ST ADDITION; THENCE CONTINUING EAST ALONG SAID NORTH LINE AND SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 568.30 FEET TO THE SOUTHWEST CORNER OF LOT 48 IN COLLEGE GROVE AS RECORDED IN PLAT 800K 2, PAGE 11 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST ALONG SAID NORTH LINE AND SAID NORTH RIGHT-OF-WAY LINE AND THE NORTH RIGHT-OF-WAY LINE OF LISTON STREET, A DISTANCE OF 1151.85 FEET (ASSUMED) TO A POINT ON THE SOUTH LINE OF LOT 39, BEING 66 FEET NORTH OF A PROJECTED WEST LINE OF A PARCEL DESCRIBED fN A QUIT CLAIM DEED AS RECORDED UNDER INSTRUMENT NUMBER 9544366 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH ALONG SAID PROJECTED WEST LINE, A DISTANCE OF 66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE SOUTHEASTERLY AND NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO 7HE SOUTHWEST CORNER OF LOT 4 IN THE PLAT OF ALFRED BROTHER'S LAND (UNRECORDED) AS DESCRIBED IN PARCEL I11 IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0261005 IN THE OFFICE OF SAID RECORDER; THENCE EASTERLY ALONG THE NORTH LINE OF WASHINGTON STREET AND THE SOUTH LINE OF SAID PARCEL III AND PARCEL II IN SAID INSTRUMENT NUMBER 0261005 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 200 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE CONTINUING EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 147 FEET TO THE PROJECTED NORTH-SOUTH CENTERLINE OF A 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, LYING BETWEEN LOTS 4 AND 5 IN HARLIN'S SUBDIVISION OF BANK OUTLOT 82 AS RECORDED IN PLAT BOOK 8, PAGE 161 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 ALONG SAID PROJECTED NORTH-SOUTH CENTERLINE, A DISTANCE OF 197.5 FEET TO A POINT LYING 7 FEET WEST OF THE SOUTHWEST CORNER OF SAID LOT 4; THENCE EAST PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID WASHINGTON STREET, A DISTANCE OF 7 FEET TO SAID SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH PARALLEL WITH SAID EAST LINE, A DISTANCE OF 262 FEET TO THE SOUTHWEST CORNER OF LOT 15 IS SAID HARLIN'S SUBDIVISION OF BANK OUTLOT 82; THENCE EAST PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID WASHINGTON STREET, A DISTANCE OF 115 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 66 FEET ALONG THE EAST LINE OF PARCEL II DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER ADDITION AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE NORTH LINE OF LOT 35 TO THE NORTHWEST CORNER OF SAID LOT; ?HENCE SOUTH ALONG THE EAST LINE OF A PUBLIC ALLEY {14 FEET WIDE) EXTENDED SOUTH TO THE NORTHWEST CORNER OF LOT 57 IN "OAK PARK 2"~ ADDITION" AS RECORDID IN THE RECORDS OF SAID COUNTY, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF DUBAIL AVENUE; THENCE WEST ALONG SAID RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 70 IN SAID "OAK PARK 2"~ ADDITION", POINT ALSO BEING THE EAST RIGHT-OF-WAY LINE OF DALE AVENUE (50 FEET WIDE); THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE CENTERLINE OF VACATED DAYTON STREET (60 FEET WIDE); THENCE EAST ALONG SAID CENTERLINE, A DISTANCE OF 28 FEET TO THE EAST LINE OF A PUBLIC ALLEY {14 FEET WIDE) EXTENDED NORTH; THENCE SOUTH ALONG SAID EAST LINE OF PUBLIC ALLEY TO THE NORTH LINE OF MILTON STREET, ALSO BEING THE SOUTHWEST CORNER OF LOT 44 IN THE "SOUTHEAST ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG SAID NORTH LINE OF MILTON STREET TO A POINT OF INTERSECTION OF THE WEST LINES OF LOTS 45,46,93 AND 94 OF SAID "SOUTHEAST ADDITION" EXTENDED NORTH; THENCE SOUTH ALONG SAID WEST LINES, CROSSING MILTON, TO THE NORTH LINE OF CALVERT STREET (60 FEET WIDE), ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 94; THENCE WEST ALONG SAID NORTH LINE OF CALVERT STREET TO A POINT ON THE EAST LINE OF A PUBLIC ALLEY (14 FEET WIDE) EXTENDED NORTH FROM THE WEST LINES .OF LOTS 95,96,97, i 48,149 AND 150 IN SAID "SOUTHEAST ADDITION", CROSSING BOWMAN STREET, AND CONTINUING SOUTH ALONG THE EAST LINE OF SAID ALLEY, ALSO BEING THE WEST LINE OF LOTS 282,233,AND 234 IN THE "SOUTHEAST 3R° ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY, CROSSING AN ALLEY, AND CONTINUING SOUTH ALONG SAID EAST LINE OF PUBLIC ALLEY, ALSO BEING ALONG THE WEST LINE OF LOTS 1,2 AND 3 IN "OAK PARK 4TH ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY AND CONTINUING SOUTH CROSSING DONALD STREET {60 FEET WIDE), TO THE NORTHWEST CORNER OF LOT 4 IN SAID "OAK PARK 4TH ADDITION", ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF SAID DONALD STREET; THENCE WEST ALONG SAID SOUTH LINE OF DONALD STREET TO THE NORTHWEST CORNER OF LOT 103 IN SAID "OAK PARK 4TH ADDITION" TO THE SOUTHWEST CORNER OF SAID LOT 103; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 103 EXTENDED EAST TO THE SOUTHWEST CORNER OF LOT 6 IN SAID "OAK PARK 4TH ADDITION"; THENCE SOUTH, CROSSING A PUBLIC ALLEY (i4 FEET WIDE), COINCIDING WITH THE WEST LINES OF LOTS 4 THROUGH 9, CROSSING FOX STREET (60 FEET WIDE), AND CONTINUING SOUTH COINCIDING WITH THE WEST LINES OF LOT 10 THROUGH 15 IN SAID "OAK PARK 4TH ADDITION", AND CROSSING EWING AVE ($0 FEET WIDE), TO THE SOUTH RIGHT-OF-WAY LINE OF SAID EWING AVENUE TO THE NORTHWEST CORNER OF LOT 1 IN THE RECORDED PLAT OF "WEIDLER'S FIRST ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE SOUTH NORTHWEST QUARTER OF SAID SECTION 22; THENCE NORTH ALONG SAID EAST LINE TO A POINT 200 FEET SOUTH OF THE NORTHEAST CORNER OF SA1D NORTHWEST QUARTER OF SECTION 22; THENCE WEST PARALLEL WITH, AND 200. FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 22, AND THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 21, TO A POINT 200 FEET WEST AND 200 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 200 FEET TO THE NORTH LINE COMMON TO SECTIONS i 6 AND 21; THENCE WEST ALONG SAID COMMON SECTION LINE TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 21, WHICH CORNER BEING COMMON WITH THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE NORTH ALONG THE NORTH AND SOUTH QUARTER LINE OF SECTION 16 TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 16; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 1 b, TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16 TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16; THENCE WEST ALONG THE EAST-WEST QUARTER LINE OF SAID SECTION 16 TO THE WEST QUARTER CORNER OF SAID SECTION 16; THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 TO THE SOUTHWEST CORNER OF "BELLEVILLE GARDENS 2"~ UNIT", AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST, ALONG THE SOUTH LINE OF "BELLEVILLE GARDENS 2"o UNIT", TO THE SOUTHEAST CORNER OF SAID "BELLEVILLE GARDENS 2"ti UNIT";THENCE SOUTH 30 FEET, MORE OR LESS; THENCE EAST ALONG THE NORTH LINE OF A PARCEL OF LAND (GRAND TRUNK WESTERN RAILROAD CN BUSINESS DEVELOPMENT AND REAL ESTATE PARCEL) IDENTIFIED AS TAX KEY ID # 018-81 12-4216, DATED 1995, IN THE AUDITOR'S OFFICE OF SAID COUNTY, TO THE EAST LINE OF SHERiDAN AVENUE; THENCE SOUTH 100 FEET, MORE OR LESS, ALONG THE EAST LINE OF SAID SHERIDAN AVENUE. EXTENDED SOUTH; THENCE EAST ON A LINE WHICH iS PARALLEL TO AND 300 FEET, MORE OR LESS, SOUTH OF THE EAST- WEST, NORTH RIGHT-OF-WAY LINE OF MEADOW LANE, EXTENDED EAST, TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE NEW JERSEY, INDIANA AND ILLINOIS RAILROAD; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SAMPLE STREET; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF SAMPLE STREET TO THE SOUTHEAST CORNER OF LOT 48 !N THE PLAT OF "ARNOLD AND WEBSTER'S SUBDIVISION OF BANK OUTLOT # 103" AS RECORDED IN THE RECORDS OF SAID COUNTY ALSO BEING THE WEST RIGHT-OF- WAY LINE ARNOLD STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF ARNOLD STREET TO THE SOUTHWEST R1GHT-OF-WAY LINE OF THE CONRAIL RAILROAD (FORMERLY PENN CENTRAL RAILROAD); THENCE NORTHWESTERLY OF SAID PENN CENTRAL RAILROAD; THENCE NORTHWESTERIY ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 350 FEET (ASSUMED) TO A PROJECTED NORTH LINE FROM THE SOUTHWEST CORNER OF LOT 695 IN SAID SUMMIT PLACE 3RD ADDITION BEING PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH ALONG SAID PROJECTED NORTH LINE, A DISTANCE OF 70 FEET {ASSUMED) TO THE SOUTHEAST CORNER OF LOT 686 IN SUMMIT PLACE 3Rp ADDITION AS RECORDED IN PLAT BOOK 8, PAGES 162-163 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 60 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE AND THE NORTHEAST CORNER OF LOT 694 IN SAID SUMMIT PLACE 3RD ADDITTION; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND THE SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE, A DISTANCE OF 544.9 FEET TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER OF SAID SECTION 10, ALSO BEING THE NORTHEAST CORNER OF A PARCEL AS DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0031212 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE WEST ALONG SAlD SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE, A DISTANCE OF 3bb.71 TO THE NORTHWEST CORNER SAID PARCEL; THENCE SOUTH, 20 FEET TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN DEED RECORD BOOK 589, PAGE 70 IN THE OFFICE OF SAID RECORDER; THENCE NORTHWESTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED iN DEED RECORD BOOK 589, PAGE 71 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING NORTHWESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE CONTINUING NORTHWESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE TO THE NORTHEAST CORNER OF LOT Q BLOCK 1081 IN THE REPEAT OF LASALLE PARK 2"~ PLAT AS RECORDED IN PLAT BOOK 17, PAGE L-1; THENCE WEST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 9 ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF LINDEN ROAD, A DISTANCE OF i 125 FEET TO THE NORTHWEST CORNER OF LOT E BLOCK 1021 IN SAID REPLAY OF LASALLE PARK 2"~ PLAT; THENCE CONTINUING WEST PARALLEL WITH SAID NORTH LINE ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 339 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER, ALSO BEING THE CENTERLINE OF A 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, BEING 7 FEET WEST OF THE NORTHWEST CORNER OF LOT 1001 iN LASALLE PARK 2"~ ADDITION RECORDED IN PLAT BOOK 8, PAGE 30-31 IN THE OFFICE OF RECORDER OF SAlD COUNTY; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1097 FEET TO THE CENTERLINE OF GLADSTONE AVENUE BEING 25 FEET WEST OF THE NORTHWEST CORNER OF LOT 185 IN GARDEN VILLAGE 1sT UNIT RECORDED IN PLAT BOOK i 7, PAGE G-4, IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING WEST PARALLEL WITH SAID NORTH LINE ALONG ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 26 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 1 IN ALWARD'S ADDITION AS RECORDED 1N PLAT BOOK 11, PAGE 73 IN THE OFFICE OF SAID RECORDER; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 509.02 FEET TO THE CENTERLINE OF A 14 FOOT WIDE ALLEY, EAST WEST 8Y MEASURE, BEING 8 FEET (ASSUMED) FROM THE SOUTHEAST CORNER OF LOT 51 IN SAID ALWARD'S ADDITION, AS MEASURED PARALLEL WITH THE CENTERLINE OF SAID ARDMORE TRAIL; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 8 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 46 IN VOGT'S 1sT ADDITION AS RECORDED IN PLAT BOOK 10, PAGE 95 IN THE OFFICE OF SAID RECORDER; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 507.21 FEET TO THE SOUTHEAST CORNER OF REMAINING PORTION OF LOT 10 IN SAID VOGT'S 1ST ADDITION; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF NANCY STREET (CURRENTLY NAMED BENDIX DRIVE) PARALLEL TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 433.7 FEET TO THE NORTHEAST CORNER OF REMAINING PORTION OF LOT 1 IN SAID VOGT'S 1 ST ADDITION; THENCE NORTHERLY TO THE NORTH RIGHT- OF-WAY LINE OF LINCOLN WAY WEST AND THE WEST RIGHT-OF-WAY LINE OF BENDIX DRIVE, ALSO BEING THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN TRUSTEE'S DEED RECORDED UNDER INSTRUMENT NUMBER 9903236 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 107 FEET (ASSUMED); THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF LINCOLNWAY WEST TO THE EAST RIGHT-OF-WAY LINE OF BUTTERNUT ROAD; THENCE NORTHWESTERLY ACROSS BUTTERNUT ROAD ON A LINE PARALLEL WITH AND 140 FEET NORTHERLY OF THE SURVEY LINE S-USR20-M (REFERENCED TO PLANS FOR U.S. 31 BYPASS) TO THE WEST RIGHT-OF-WAY LINE OF BUTTERNUT ROAD; THENCE NORTHWESTERLY ALONG THE NORTHEAST LIMITED ACCESS RIGHT-OF-WAY LINE OF USR 20 TO A POINT 150 FEET TO THE RIGHT OF STATION 65+00, LINE S-USR20-M; THENCE SOUTHWESTERLY A DISTANCE OF 300 FEET ALONG A LINE MEASURED AT RIGHT ANGLES TO SAID LINE S-USR 20-M TO A POINT i50 FEET TO THE LEFT OF STATION 65+00 ON LINE S-USR20-M; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE LIMITED ACCESS RIGHT-OF-WAY LINE OF THE SOUTHEAST RAMP OF THE U.S. 31 BYPASS TO A POINT BEING 170 FEET TO THE RIGHT OF STATION 35+00 ON LINE M AT THE CENTERLINE OF THE U.S. 31 BYPASS; THENCE WESTERLY A DISTANCE OF 320 FEET TO A POINT 150 FEET TO THE LEFT OF STATION 35+00 ON SAID LINE M; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE LIMITED ACCESS RIGHT-OF-WAY LINE OF THE SOUTHWEST RAMP OF SAID U.S. 31 BYPASS TO A POINT AT STATION 34+00 LINE S-USR20-M IN THE LIMITED ACCESS RIGHT-OF-WAY LINE OF THE SOUTHWEST RAMP OF SAID U.S. 31 BYPASS, WHICH POINT IS 130 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM SAID LINE S-USR20-M; THENCE NORTHEASTERLY A DISTANCE OF 250 FEET MEASURED AT RIGHT ANGLES TO SAID LINE S-USR20-M TO A POINT AT STATION 34+00 ON LINE S-USR20-M, AND MINUTES 45 SECONDS EAST, A DISTANCE OF 12.9b FEET TO THE SOUTHWEST. CORNER OF THE TERMINUS OF LAKE BLACKTHORN DRIVE AS RECORDED UNDER INSTRUMENT #0323151 IN THE RECORDS OF SAID COUNTY; THENCE THE NEXT 19 COURSES ALONG THE RESPECTIVE BOUNDARY LINES OF "THE VILLAS AT LAKE BLACKTHORN, SECTION ONE, AS RECORDED UNDER SAID INSTRUMENT # 0323151: (1) NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; {2) NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; (3) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; (4) NORTH 89 DEGREES 57 MINUTES 04 SECONDS WEST, A DISTANCE OF 2.00 FEET; (5) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; (b) SOUTH 89 DEGREES 57 MINUTES 04 SECONDS EAST, A DISTANCE OF 2.00 FEET; {7) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; (8) NORTH 89 DEGREES 57 MINUTES 04 SECONDS WEST, A DISTANCE OF 2.00 FEET; (9) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; (10) SOUTH 89 DEGREES 57 MINUTES 04 SECONDS EAST, A DISTANCE OF 2.00 FEET; (11) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED iN THE REPEAT OF RICHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE RECORDS OF SAID COUNTY; (12) ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; (13) ALONG THE EAST LINE OF SAID LOT "A", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.58 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD (40 FEET WIDE PRIOR TO SAID PLAT), CONCAVE TO THE NORTH, HAVING A RADIUS OF 335 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 33 SECONDS EAST; (14) EAST ALONG SAID CENTERLINE OF CURVE, A DISTANCE OF 112,92 FEET; (15) SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE RECORDS OF SAID COUNTY AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE RECORDS OF SAID COUNTY; (16) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST ALONG THE BOUNDARY OF SAID LAND, A DISTANCE OF bb.96 FEET; (17) NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST ALONG THE BOUNDARY OF SAID LAND, A DISTANCE OF 556.25 FEET; (18) NORTH 0 DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 80 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 18; (19) NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 729.56 FEET TO THE WESTERLY RIGHT OF WAY OF THE U.S. 31 BYPASS (ALSO KNOWN AS ST. JOSEPH VALLEY PARKWAY) , SAID POINT ALSO BEING SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET FROM THE NORTHEAST CORNER OF SAID SOUTH HALF COURSES ALONG THE BOUNDARY OF SAID EXCEPTION: (1) SOUTH 89 DEGREES 40 MINUTES 29 SECONDS EAST, A DISTANCE OF 183.50 FEET, (2) NORTH 00 DEGREES 27 MINUTES 35 SECONDS EAST A DISTANCE OF 214.50 FEET, (3) NORTH 89 DEGREES 40 MINUTES 29 SECONDS WEST, A DISTANCE OF 264.00 FEET TO A POINT ONE ROD EAST OF THE WEST LINE OF THE EAST HALF OF SAID FRACTIONAL SECTION 7, (4) NORTH 00 DEGREES 27 MINUTES 35 SECONDS EAST PARALLEL WITH SAID WEST LINE, A DISTANCE OF 775.54 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 43 SECONDS EAST, A DISTANCE OF 3657.70 TO THE SAID WESTERLY LIMITED ACCESS RIGHT-OF- WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SA1D WESTERLY LIMITED ACCESS RIGHT-OF- WAY LINE, A DISTANCE OF 1996.76 FEET TO THE NORTH LINE OF THE WEST HALF OF FRACTIONAL SECTION 8 AND THE MONUMENTED INDIANA STATE LINE; THENCE NORTH 89 DEGREES 31 MINUTES 15 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 2300.11 FEET TO THE NORTH QUARTER CORNER OF SAID FRACTIONAL SECTION 8; THENCE NORTH 89 DEGREES 29 MINUTES 13 SECONDS EAST ALONG THE NORTH LINE OF THE EAST HALF OF FRACTIONAL SECTION 8, A DISTANCE OF 120.33 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, A DISTANCE OF 21.63 FEET TO THE NORTH LINE OF BORDERLINE SUBDIVISION MINOR PLAT AS RECORDED IN PLAT BOOK 26, PAGE B IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT THREE (3) COURSES ALONG THE PLATTED RIGHT-OF- WAY OF MAYFLOWER ROAD AS RECORDED WITHIN SAID BORDERLINE SUBDIVISION AND ARBOR POINTE, SECTION 6, AS RECORDED UNDER INSTRUMENT NUMBER 9635583 IN THE OFFICE OF SAID RECORDER: (1) SOUTH 76 DEGREES 31 MINUTES 10 SECONDS WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF i 14.00 FEET, A CENTRAL ANGLE OF 52 DEGREES O6 MINUTES 15 SECONDS, AND A CHORD OF 100.13 FEET BEARING SOUTH 25 DEGREES 46 MINUTES 20 SECONDS WEST, (2) SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY CURVE, A DISTANCE OF 103.67 FEET, (3) SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 535.95 FEET TO THE SOUTH LINE OF SAID ARBOR POINTE, SECTION SIX; THENCE SOUTH 88 DEGREES 09 MINUTES 47 SECONDS WEST, A DISTANCE OF 20.01 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 980.41 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT ONE IN L{CHTENBARGER M{NOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER $7312221N THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, A DISTANCE OF 158.97 FEET TO THE NORTH LINE OF CHEROKEE GARDENS SUBDIVISION EXTENDED AND THE NORTH LINE OF WAGNER'S REPEAT EXTENDED AS RECORDED IN PLAT BOOK C, PAGE 2 AND PLAT BOOK 24, PAGE W, SAID SOUTHWEST 1/4; THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1 /4 A DISTANCE OF 400.00 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 49 SECONDS WEST, PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4, A DISTANCE OF 200.00 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1 /4; THENCE NORTH 89 DEGREES 39 MINUTES Ob SECONDS WEST, ALONG SAID SOUTH LINE A DISTANCE OF 550 FEET, MORE OR LESS,TO THE WEST LINE OF KISKOWSKI 2NO MINOR SUBDIVISION, EXTENDED; THENCE DUE SOUTH ,ALONG SAID WEST LINE TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE NEW CLEVELAND ROAD, SAID POINT BEING 170.85 FEET SOUTH OF AND 346.64 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 20; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT- OF-WAY LINE OF THE NEW CLEVELAND ROAD TO THE POINT OF INTERSECTION W)TH THE EAST LINE OF THE WEST 1 /2 OF THE WEST 1 /2 OF THE NORTHWEST 1 /4 OF SAID SECTION 20; THENCE DUE NORTH ALONG SAlD EAST LINE TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BRICK ROAD; THENCE DUE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BRICK ROAD TO A POINT BEING DUE WEST AND 200 FEET FROM THE EAST LINE OF THE NORTHWEST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION 20; THENCE DUE SOUTH 220 FEET; THENCE DUE EAST 200.00 FEET TO THE EAST LINE OF THE NORTHWEST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION 20; THENCE DUE NORTH A DISTANCE OF 220 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF BRICK ROAD; THENCE EAST ALONG THE SOUTH RIGHT-OF- WAY LINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE WEST R1GHT- OF-WAY LINE OF MAYFLOWER ROAD; THENCE -DUE NORTH 20 FEET, MORE OR LESS, TO THE CENTERLINE OF BRICK ROAD; THENCE EAST 30 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE CENTERLINE OF MAYFLOWER ROAD; THENCE EAST ALONG SAID CENTERLINE OF BRICK ROAD TO A POINT THAT IS 420 FEET WEST OF THE POINT OF INTERSECTION BETWEEN SAID CENTERLINE AND THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20; THENCE SOUTH 750 FEET PARALLEL WITH THE WEST LINE OF THE HIGH MEADOWS ESTATES SUBDIVISION; THENCE EAST 420 FEET TO THE WEST LINE OF SAID SUBDIVISION, SAID WEST LINE BEING THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF LOT 35 OF THE HIGH MEADOWS ESTATES SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF THE HIGH MEADOWS ESTATES SUBDIVISION AND THE HARTMAN 8~ DEMAEGT SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 8 OF THE HARTMAN 8~ DEMAEGT SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF THE HARTMAN i~ DEMAEGT SUBDIVISION, EXTENDED EAST, TO A POINT THAT IS 138.48 FEET WEST OF THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 21; THENCE NORTH 465 FEET, MORE OR LESS; THENCE EAST 138.48 FEET; THENCE NORTH 530 FEET TO THE CENTERLINE OF BRICK ROAD; THENCE EAST 661.02 FEET ALONG SAID CENTERLINE; THENCE SOUTH 1280 FEET, MORE OR LESS; THENCE EAST THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER FO THE SOUTHWEST QUARTER OF SAID SECTION 19, LESS THE SOUTH 40 FEET THEREOF FOR RIGHT OF WAY PURPOSES. SUBJECT TO RIGHTS-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. ~~ _ '~~ ~:~ ~,' J ~.- ,. C.' RESOLUTION NO. 207-IO RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED AND RESTATING AND CONFIRMING THE LEGAL DESCRIPTION FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is the governing body of the South Bend Department of Redevelopment (the "Department"): and WHEREAS, on March 5, 2010, the Commission approved and adopted its Resolution No. 2657 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED AND RESTATING AND CONFIRMING THE LEGAL DESCRIPTION FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA" (the "Declaratory Resolution"); and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the Airport Economic Development Area Development Plan (the "Plan") for the Airport Economic Development Area (the "Area"), identifies parcels located within the Area as parcels necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to Commission Resolution No. 2657) (the "Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: Prgitua B. Calvin, Ed.D. Ghanrcllor February 9, 2010 South Bend Redevelopment Commission 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Commissioners: Ivy Tech-South Bend requests the Redevelopment Commission to add the following properties to the acquisition list for possible acquisition and donation to Ivy Tech, similar to the four properties in the same block added to the list last fall: • 114/116 E. Sample St, and l ] 5 Ohio. Currently Mason's Heating, Air Conditioning & Appliances Inc., owned by Fidencio and Esperanza Bueno. • 120 E. Sample St. and 117, 119, 121, 123 Ohio. Currently Enyart Electric Motor Service Inc., owned by Patricia Enyart Trustee. • 202 and 130 E. Sample St. and 125, ]27, 129 Ohio. Currently Sinco Pools, owned by Leonard and Karen Sears. As you may recall, these properties are included in Ivy Tech-South Bend's 25-year campus expansion plan, In the short to medium term, the region will use the properties as follows: • Sineo Pools property: Relocate School of Fine Arts and Design from main campus on Dean Johnson Boulevard. Previously, the college had hoped to move the school to the Discount Rental building on East Sample, but the owners of that building have not determined if and when they will be willing to sell the building. Should the Discount Rental building later become available, the college would still request the Redevelopment Commission to acquire it for the college's use, and would locate all or part of the School of Health Sciences there. • Enyart property: House the painter, insulator, bricklayer, and the setter apprenticeship programs. These programs now are located in the block building west of Ivy Tcch on Sample Street (TI'OSS) and in ITOSS. 2Z0 DEAN JOHNSON BOULEVARD SOUTH BEND. IN 46601-3415 574-289-7001 E1CT: 5706 FAX 574-236-7181 EMA1 L: VCALVIN~IVYTECH.EDU hq Ti:ch is an act~rdited, egae4 opportuniq; affirmative ectiun eommunih' college. Your approval of this request can help more community members gain the education and skills they need to build better lives for themselves and their families, and a more vibrant community for all of us. Thank you for your consideration. Sin rely, ~~ Virgini .Calvin ~~o~ Cc: Jeff Gibney Indiana West of Taylor to Prairie .a U i1 i --2 c 0 a~ t n. U Indiana ~~ ~~ Q a~ 0 it ~ 22 _ 3 ~ !-'4 Ir 21 -' ~/ 5 _IL 19 ;'~` 18- ~., ~~~ ~ X36_-- /~10 ~.~,~i1 ~ 47 ~~/ 48 ; 49 50 - ~~-~ C -, ~----~ 25 I '--- i~90 '91 -; ,_...- 27 -- ~-_45 ~ _ .. --, ~__ TO 71 i ' ! 52 69 _ X89 ^ ~ _130 ~29 ' ri44 _' ~ 53.J -. 68 73 88 i 93 r 129 _ ~ --, (_ ~ ._____.__ ~__ ._._; ~ .___ 107 ~- -•- " -' C ~ ~ - 112 I c 128 "-1 ~_ _ 43 ~ 54 I 67 ..- ` 74 i i 87 94 106 y ~-- - --~ - ~ h-- ~--- '-- r - - O 113 • I" 30 ~ ( _ _ 42~ ~ ` 55 _ 75 .~ ~. 86 _; _95 105 v ~ -1.14 ~ 127 31 ,- 41 I 56 76 . ! 85 ~ 96 , '- 104 ~ `-" - _ ~ _ ,_ 115.__; r ., i _" 57 77J 1 84 I " 97 ~ 103 ~ ,-T-- i ;116`T ~--- ~ I ~ ~ -- I ~ 79~,~j i i 1-Ti 1:01: ~ 11T ~ 2i' 123' I 34 ' 3637;38.39 '58.59:60;61 663' ' 78~ .80;;81;82'83: 98 ~99 'IOQ 102 ;" ii9~20 ;122 124125 ~ 35 ~' I I ~__;.__-:_.i~~ X78 ~' ~ ~ i I 118 ~~ ~ ~ i m i~ U .. _._~ _ __. Rum Village Neighborhood Assoc City Owned ~ _ :Feb 10 Tax Sale r----, ~_ RR Owned c m Y Dubail m F- N Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy" Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large City of South Bend Common Council 441 County-City Building • 227 W Jefferson Blvd South Bend, Indiana 46601-1830 April 15, 2010 Members of the South Bend Common Council 4~' Floor County-City Building South Bend, 1N 46601 ~~- ~ i (574) 235-9321 Fag (574)235-9173 TDD (574) 235-55G7 http://www southbendin.gov Re: Resolution to Appoint Council's Agent & Chief Negotiator for the 2010 Police, Fire and Teamsters Labor Negotiations Dear Council Members: This a negotiating year with the negotiating teams representing the sworn members of the South Bend Police Department represented by the Fraternal Order of Police, Lodge No. 36; sworn members the South Bend Fire Department represented by the South Bend Firefighter's Association, Local 362 of the International Association of Firefighters; and the city employees who are represented by Teamsters Local Union No. 364. The attached resolution would appoint the Council's Agent and Chief Negotiator for these negotiations, under the governing Indiana state law. Last year the Council successfully implemented a team of two (2) Council Members for police negotiations and a separate team of two (2) Council Members for fire negotiations. This concept was received positively and I would anticipate a similar approach this year, with the addition of a team of volunteer Council Members for Teamster negotiations. All such Council Members would work closely with the Council's Agent and Chief Negotiator, and in turn with the individuals chosen by the City Administration for each team. In light of the three (3) upcoming negotiations, I recommend that this Resolution be referred to the Council's Health and Public Safety Committee and the Council's Personnel and Finance Committee for discussion. I seek your favorable support. Thank you. Most sincerely, ~/ Derek D. Diet Council President Attachment Filed ni Clerl~'s af;;ce ApR}52010 JQiiH VSO K^oEhtD, IN. CTtY CLERK, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2010 POLICE DEPARTMENT, FIRE DEPARTMENT AND TEAMSTER LABOR NEGOTIATIONS a~'~, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the exclusive authority and mandatory duty to fix, by ordinance, the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the "Common Council of the city has the sole authority to set the salaries of the police and fire departments..."; and "~~~~, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and "~1, the Common Council acknowledges that the Boazd of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8-3-2; and `~~, the Common Council received a letter from the Vice-President of the South Bend Firefighter's Association Local 362, and anticipate similaz requests from representatives of the Fraternal Order of Police, South Bend Lodge No. 36, and Teamsters Local Union No. 364, with each union requesting to begin labor negotiations; and "~l~,~, this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and all other monetary items subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and the Teamsters; and "~1cP,xead, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council's Agent in representing their interests, who would in turn appoint an City Advisory Negotiating Team and work with the Board of Public Safety's Agent for police and fire negotiations; would work with the Boazd of Public Works' Agent and City Negotiating Team for Teamster negotiations; and provide regular updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bazgaining pursuant to Indiana Code § 5-14-1.5-6.1(b)(2)(A); and "~1~~, the City Advisory Negotiating Teams shall not be considered a "governing body" or "public agency" under Indiana Code § 5-14-1.5-2; and "°%~., the South Bend Common Council believes that the adoption of this Resolution and the upcoming process will promote positive and harmonious labor negotiations. 2010 Fire, Police and Teamster Negotiations Resolution Page 2 c~~, cTh~, ~ iced , by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL-CIO; with the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36; and for the upcoming labor negotiations with the Teamsters Negotiating Team representing the city employees who aze members of Teamsters Local Union No. 364. Mrs. Cekanski-Farrand shall be the City's Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which have a fiscal and/or budgetary impact with regazd to the police and fire negotiations; and shall act in an advisory capacity for the Teamsters negotiations to the City Negotiating Team. Section II. The Council's Agent shall coordinate matters of strategies, reseazch and background prepazation, negotiation times, scheduling of executive sessions, contacting resource persons and other matters in consultation with the South Bend Common Council and City Administration. The Council's Agent shall work closely with the persons appointed to the City Advisory Negotiating Team and shall coordinate and work closely with the Boazd of Public Safety's Agent and Chief Negotiator throughout the upcoming negotiations. The Council's Agent shall provide assistance to the City's Chief Negotiator and City Team for Teamsters negotiations. Section III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~ ~4 ~~ Derek D. Dieter, 1 Di trict ,E~ ~ ~,•;.~ ~~ ~~jr .; ,~± ~ Henry Davis, Jr., 2n District tid `~ ~;' Thomas LaFountain, 3r District ~&,~ ~~~ ark` ~.c~e` E;`~' Ann Puzzello, 4 District ~~~ ~ c~~ Dr. David Varner, St District Oliver J. Davis, 6 District Al "Buddy" Kirsits, At Lazge Timothy A. Rouse, At Lazge Karen L. White, At Lazge ,~o~o. John Voorde, City Clerk it~~f [rt Clerk's Offlr ~`;F~ i ~; 20D ~cr,~ voosoe crrvc~,=.~;r.,, sa. s~rr~, rru. hen J. Luecke, Mayor of South Bend, Indiana :.~-~-,. ~ HOLLADAY ~ PROPERTIES Building Solutions Since 1952 227 South Main Street Suite 300 f South Bend Indiana 46601 ~ PHONE (574) 234-2073 ~ FAX (574) 284-3790 March 11, 2010 Area Board of Zoning Appeals City of South Bend 227 W. Jefferson Boulevard South Bend, IN 46601 Re: Petition for Special Exception and Parking Variance To whom it may concern, A. The information for the party applying for this special exception is below: Olive Enterprise Partners, L.P. 227 South Main Street, Suite 300 South Bend, IN 46601 Ph: (574) 217-4498 B. Location of the property in the petition: Olive Enterprise Center 6879 Enterprise Drive South Bend, IN 46628 C. The purpose of this variance is to apply for a special exception use of Recreation for a Gymnastics Studio in an existing light industrial zoning in South Bend and to reduce the required amount of parking from 640 spaces to 40 spaces for this use. D. The special exception will not cause undue harm to the public health, safety, morals or general welfare of the community. This will provide a clean secure space to an organization who teaching gymnastics skills and lessons on teamwork, competition, and personal effort to young children and adults. An open, tall industrial space is ideal for the task of gymnastics. Currently, there is one other tenant in this building, but the spaces are sufficiently separated and neither party will be in any immediate danger as a result of the other's operation. Also, most operations in this area take place between the hours of 7 am and 5 pm, and the gymnastics operation will have their heaviest use in the evening between the hours of 5 pm to 9 pm, so the possible interaction of this group with others in the area is minimal. South Bend i Nashville t Indianapolis ~ Chicago/Portage ~ Richmond, Virginia www. hol ladayproperties.com The operation of the gymnastics facility will take place within their demised premises and will not adversely affect the value of any neighboring properties. Most of the children who will attend this facll(ty can not drive and will be supervised by a parent, coach, or instructor at all times. The Gymnastics Studio is a specific use listed as a special exception within the Light Industrial zoning classification, and this building will need that exception in order for this group to operate out of the facility. Also, the reduction in required parking spaces from 640 spaces to 40 spaces will not cause any undue harm to the public health, safety, morals, or general welfare. Currently, Elite Sports only has 5 employees, and there are only 2 or 3 gymnasts who are old enough to drive themselves to practice. Most of the traffic is for pick-up and drop-off of the gymnasts. The parking requirement should be viewed in the same light as a child care use which requires 1 parking space for every employee wiih an additional 3 parking spares available, The proposed use is consistent with the character of the uses within this district and is listed as a an acceptable use for this space within the ordinance. Finally, the proposed use is consistent with the recommendations compiled in the South Bend City Comprehensive Plan, and will not detract from the character of this area or the rest of the City. F. The current zoning classification for this property is: Light Industrial The property is located in; German Township G. Olive Ehterprise Partners, L.P, Jo . Phair sident of General Partner RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 6879 Enterprise Drive WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 6879 Enterprise Drive South Bend, IN 46628 in order to permit a portion of the building to be used for a Gymnastics Studio classified under a "Recreation Use" in the special exception section of the Light Industrial ordinance. This use would also require a variance for a reduction in the required parking spaces from 640 to 40 spaces. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~.~.~.~. S0 •~ ~ h ~a-~... Member of the Common Counc' " v~/Y~i hYlC 6i'Or~:Cl{1 ~'{l ~+t~Ir~M~"~i~/t ,. ttOT AFrRUYED ADOPTED ~hAR 1 G ?_0 i0 ~~,~;~ ~f ; :hl:E C{~^(Ci.'~ it'd, f:':. ; `;?rl, I:,u, 432.14' t 111'•3' I I I I II III I I I II I II II I I I II z I W I ~I I al I WI~~I 1 Uli fl <IIII IZ II IIW la o iII~I¢ I I (o I I I ~I~ I a I nI ~ loo Y I I~"m ' I L N I I L-- ~ ~/ ~ /. 200'-0' c----- OF INDIAN r LIN_t ___470.0' _ ___ _ 25_BLDG. SETBACK _ - - - - - -- _ - __ _ 340.0 TO PROPERTY FINE _..5.0_AEa QCQ P_IPE41p{F~EASEMENT ___ FUTURE ~~~~ ~ ---_--- ' - -__--_- ' 22,320 SF t LOT '8' 5.5 ACRES I o . I o! I ~z Z I w U W 1 N O W o0 ENTERPRISE I N& CENTRE 11 iN ~~i / I a LOT 'A' G~i~~ ~ 2.45 ACRES F ~~~~~' S - ~ /~ J do B OFFICE AND I QPRi~~P ~j Rp\~;~ GL ~~ / F PRODUCTION FACIUTy i ~ ~a S - ~~~,~ %~ y F,P ' Rt,600 SF (~' ROPO3,P' / ; .Li ~ J~ ' i1~15~ F,O ~ 6 IIIII1111111111 q I ~ 25' BUILOIN PA ING SETBACK ,% ~ 5 ~1T1 d~pR INAGE i ~ i % ENTERPRISE DRIVE 60' R/W ~/ / III ~~~ I _ _ ` I / t I ra I"Y ___ MERIPIEX C ~~~ ~~~~ ~~ ~~ i / i~ ~' i ~~ ' ~ ~~~ AMERIPLEX ~~ INDUSTRIAL PARK R l aCAIF M iM: I 1 ~`' 0~ 0 NOLLADAIY~ PROPERTIES ' www.holladoyproperfles.com ~ SoWh Band Waahinebn D.C. Naahvllla ~ indianepolla PoAapa/Chteayo Naw OAaena I AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 April 8, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Olive Enterprise Partners, LP ABZA 4/7/10 Dear Council Members: The above referenced petition of Olive Enterprise Partners, LP was legally advertised on March 21, 2010. The Area Board of Zoning Appeals gave it a public hearing on April 7, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Velleman and unanimously carried, the petition for Special Exception to allow a Gymnastics Studio in a "LI" Light Industrial District, on property located at 6879 Enterprise Drive, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, ~ ~'/f4~e11 ~ ~-s J Mark A. Lyons Assistant Zoning Administrator MAL/cah OLIVE ENTERPRISE PARTNERS, L.P. SPECIAL EXCEPTION PURSUANT21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community.. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The vaziance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Boazd that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7th Day of APRIL, 2.0]0. YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ABSENT JACK YOUNG AssENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN _ LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING -CONSTRUCTION ENGINEERING ~ ~ ~~ 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374 WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. INGOT PREQUALIFIED: TERANCE D. LANG, L.S. SUB-DIVISIONS 5.4 ECOLOGICAL SURVEYS BOUNDARY SURVEYS S.S WETLAND MITIGATION CONSTRUCTION SURVEYS 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION PUBLIC WORKS PREQUALIFIED Area Board of Zoning Appeals `1 of St. Joseph County, Indiana ~ `~, ~ f" Q_ ~, ~ 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Re: Variance Petition - J. Patrick Matthews 52127 Fall Creek Drive Granger, Indiana 46530 574-315-9668 To the Honorable Board, The petitioned parcel is located at 1019, 1019-1 /2 and 1021 North St. Peter Street in South Bend. The property is currently zoned SF2 Single Family and Two Family District. It contains one house and one duplex house. The owner wishes to utilized all available space to construct a single family residence on what is now vacant ground. The reconfiguring of lot lines will help redistribute available space to create 3 more desirable lots for this area. In doing this a few violations to the zoning ordinance will occur. To rectify this situation we ask the Board to grant the following: Parcel 1 A variance from the required 4000 sf lot area to 3892.77 sf; A variance from the required 25' front yard setback to 12'; and A variance from the required 5' side yard setback along the south property line to 4'. Parcel 2 A variance from the required 4000 sf lot area to 3897.42 sf. Parcel 3 A special exception use to allow a duplex house in SF2 Single family and Tv-ro family District; A variance from the required 6000 sf lot area to 5417.99 sf; A variance from the required 60' frontage to no frontage; and A variance from the required 6' side yard setback to 1' along the north and south yards. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community. We are simply creating new property lines that shall follow existing topographic features of the site. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. No changes are occurring within the current business operations and the existing house shall remain. The strict application ofi the terms of the zoning ordinance and will result in practical difficulties in the use of the property by not allowing the owners to benefit from the most applicable use of their property. If there are any questions regarding the above, please contact our office at your earliest convenience. .Sincerely, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1019, 1019-1/2,1021 NORTH S~'. PETER STREET SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its inteption to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1019, 1019-1/2, 1021 North St. Peter Street, South Bend, Indiana in order to permit a duplex house in SF2 Single Family and Two Family District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of SQUth Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it .is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. IJCJe.~4F ~ ~~.c.~~,"~ Member of the Common Coun NOT APPRCVEC? ADOPTED,' ~~ :,;'.j l' r4s is i :::r-1,.~ ,.,.i ~s::~'~Cct~ ~iE~ ~~~a ~`t{~d [rt Gl~r~'s Gf~i~e MaR z 5 200 JOHN YOOROE G11Y GUNK, S0. EcND, IN. AREA BOARD OF ZONING APPEALS -SITE PLAN EDWARD SORIN'S 2nd'ADDITION LOT 73 AND PART OF LOT 72 I CITY OF SOUTH BEND, INDIANA ' 76 I , i EDWARD SORIN'S 2nd ADDITION 1 ' I 1 ' ' PLAT BOOK 1, PAGE 10 LET 72 ~ _ I 1 I - N89'S3'S4"E 165. 0' I 2o.s' 67.61 97.39 1 ~ ................ . . • ~ ~P ......... ' PARCEL 3 ARCEL 2 ~ 0 ° I 1 ° 5417.99 sf ~ LO 73 3897.42 sf ~ ~ . vacANT uND o o ~ 1 t„ j ' ~ Y DD r ' ~ o .~;i^ 0 97.35 ,,, ~ ~ `w' I 79 I :~ °° ~~' ~ PARCEL 1 ~' 1 °~ z o J892.77 sf ~ 35 9' o w ' 1 FUTURE PAVED _ . ,n / p PARKING 3' R ~ /~ 8 O ~ ~ . A EA ~ IyVU$E 65' 0 ~ I ~ X 1115.2 sf - o ~ O ~ ~ V 7 1 1 o 33' " 6.5 ~ / ~ I X 11' 35' 20.4' ' 36.3' °1 12' I , ~ 67.70 ~ 97 - S89'51 50 W 165.00 14' ALLEY ~ o' zo' ' ao' -- ---------- ------------------- -- I I Lang, Feeney do Associates, Inc. 74 - 715 S. Michigan Street South Bend, Indiono 46601 Phone (574) 233-1841 land Surveyors Soll Selen}is}s • score 1' = 20' Dorn JM$ Oofe 3-10-10 Jo0 NerrN Matthe"ti $I.Peler$tBZA AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 April 8, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for J. Patrick Matthews ABZA 4/7/10 Dear Council Members: The above referenced petition of J. Patrick Matthews was legally advertised on March 21, 2010. The Area Board of Zoning Appeals gave it a public hearing on Apri17, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by 1VIr. Hawley and unanimously carried, the petition for Special Exception for a Duplex in a "SF2" District, on property located at 1019, 1019 '/Z & 1021 N. St. Peter Street, is sent to the Common Council with an Unfavorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving of the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Mark A. Lyons Assistant Zoning Administrator MAL/cah J. PATRICK MATTHEWS SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1 . THE PROPOSED USE WILL NOT SE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will not comply with all building, fire, safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2 THE PROPOSED USE WTLL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use will not improve the appearance of the neighborhood and could devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on this property just do not create a different situation for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREFiENSIYE PLAN BECAUSE: It is the feeling of the Board that the variance will not blend into the overall Comprehensive Plan and may be deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South .Bend Common Council with an: UNFAVORABLE RECOMMENDATION ADOPTED this 7th Day ofAPRIL, 2010. YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ABSENT JACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HA WLEY ® JOE VELLEMAN Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byomi Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 April 21, 2010 The Honorable Council of the City of ~~~ ~ ~ ~~ ,~ - l (~. South Bend 4th Floor, County-City Building South Bend, 1N 46601 RE: A proposed ordinance of South Bend Park Department and South Bend Animal Control to zone from SF2 Single Family and Two Family District to GB General Business District, property located at 521 Eclipse Place, City of South Bend. - APC# 2550-10 Dear Council Members: I hereby Certify that the above referenced ordinance of South Bend Park Department and South Bend Animal Control was legally advertised on Thursday, April 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, Apri120, 2010 took the following action: Upon a motion by John McNamara, being seconded by Barrett Beny and unanimously carried, the proposed ordinance of South Bend Park Department and South Bend Animal Control to zone from SF2 Single Family and Two Family District to GB General Business District, property located at 521 Eclipse Place, City of South Bend is sent to the Common Council with a favorable recommendation. Rezoning the site to General Business will allow the city to redevelop a vacant city owned structure into a community asset. The new animal shelter will enhance and expand the services, which are currently provided by South Bend Animal Control, and will blend in with the balance of the uses within Kennedy Park. 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, ~~~ GU ohn W. Byo JWB jsc Attachment CC: South Bend Park Department and South Bend Animal Control Danch, Hamer & Associates /. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Resort APC # 2550-10 ®wner: South Bend Park Department and South Bend Animal Control Locatian: 521 Eclipse Place ,iurisdiciion: City of South Bend Requested Action: The petition is requesting a zone change from SF2 Single Family and Two Family District to GB Genera! Business District to allow for a City operated animal shelter (kennel). Land Uses and Zoning: On site: On site is a vacant city owned structure and parking area zoned SF2 Single Family & Two Family District. North: To the north is Kennedy Park zoned SF2 Single Family & Two Family District. East: To the east is Kennedy Park zoned SF2 Single Family & Two Family District. South: To the south is the Bosch manufacturing plant zoned LI Light Industrial District. West: To the west is a parking area zoned LI Light Industrial District and single-family residences zoned SF2 Single Family & Two Family District. District uses and development standards: The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site plan description: The total area of the site is 6.19 acres. The existing building will be expanded to a 9,445 sq. ft. structure covering 3.9% of the site. A majority of the existing parking will be removed. Anew 32 space public parking area and a 20 space employee and service parking area both covering 36,390 sq. ft., or 13.5% of the site, will be constructed. Open space will total 5.07 acres or 81.9% of the site. Two access points will be provided along Eclipse Drive. Variances requested by the petitioner for the location of the parking area, access drive, and recreational trail, and for reduced landscaping was considered and approved by the Area Board of Zoning Appeals on April 7, 2010. Zoning and land use history & trends: There is no land use or zoning history for this site. The existing structure has been located on this site for approximately 70 years. Traffic and transportation considerations: Eclipse Drive is a two lane private street providing access through Kennedy Park from Bendix Drive to the south to Westmoor Street to the north. Utilities: The proposed structure will continue to be served by municipal sewer and water. South Bend Park Department and South Bend Animal Control #2550-10 Page 1 of 2 5 Criteria (per IC 36-7-4-603): Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan. November 2006 , Objective PF 1.1: Coordinate planning and development activities for municipal buildings and facilities. Policies PF 1.1.1: Maintain and upgrade municipal buildings and facilities to provide the highest level of City services. Land Use Plan: The Future Land Use Map shows this area as institutional which includes all government facilities. 2. Current conditions and character: The proposed site is located within Kennedy Park at the northeast corner of Bendix Road and Goodland Avenue. It includes an approximate 5,300 sq. ft. building which served as a maintenance facility for the Department of Code Enforcement until 1996. A majority of the site is currently covered with an existing parking lot. Eclipse Drive provides access to the existing building. 3. Most desirable use: The prior and proposed governmental use of the site meets the objectives of City Plan to enhance city services. Therefore, continued governmental use of the site is desirable. 4. Conservation of property values: It is the staffs opinion that the surrounding property values should not be adversely affected. 5. Responsible development and growth: The proposed redevelopment of a vacant city owned structure is a positive example of adaptive reuse. The new larger animal shelter will expand the current services provided to the community. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be forwarded to the Common Council with a favorable recommendation. Analysis: Rezoning the site to General Business will allow the city to redevelop a vacant city owned structure into a community asset. The new animal shelter will enhance and expand the services, which are currently provided by South Bend Animal Control, and will blend in with the balance of the uses within Kennedy Park. South Bend Park Department and South Bend Animal Control #2550-10 Page 2 of 2 OB Longley K = R " OF3 ~ m I ~ `° I_. ~ 0 0 08 - L7 Roger "~ YI-estrnaor Ro u u d 0 d Kenwood ^ Rezoning from: "SF2" SINGLE FAMILY & TW4 FAMILY DISTRICT to "GB" GENERAL BUSINESS DISTRICT ~Zoni ng Key SOUTH BEND "SF2"SINGLE FAMILYAND TWO FAMILY DISTRICT SOUTH BEND "OB" OFFICE BUFFER DISTRICT SOUTH BEND "0"OFFICE DISTRICT SOUTH BEND "LI" LIGHT INDUSTRIALDISTRICT SOUTH BEND "GI" GENERALINDUSTRIALDISTRICT SOUTH BEND Bertran N .L.. ~~. W~ ~, .: ~E `T ;: S 1 inch = 300 feet CPC # 2550-'10 ORDINANCE NO. 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 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 IINOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT TAE 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. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL 2 ATTEST: CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF 2 AT O'CLOCK M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF 2 , AT O'CLOCK .M. MAYOR, CITY OF SOUTH BEND, INDIANA (~ '~: nf1 ~,~~•,; ~ y ~ /` ,.. ~{ ~?, - ~ 1st RE/DING ~ '~_~ o 3 rd READING NOT APFfiOVED P/'~~SEi3 ,s+" ~ `~~y~ U'°~~*} pct. Cf'`' ~.. DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN 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: 521 ECLIPSE PLACE, SOUTH BEND, INDIANA 46628. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SOUTH 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 LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '~" x 11" FORMAT. SIGNED, PETITIONED PREPARED BY: DANCH, HARNER 6 ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234-4003 t ~irl~.'. iiI ir1iti €, 5~~'a)' 4J t~~i E1I~ r tt~,j~ - ~ u~l~ ,}~'t~f 11~~~iF;E Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 Apri121, 2010 ~ ` ~ ~ I 1 hJ>~ ~-~ ~ The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, fN 46601 RE: A proposed ordinance of Brick Road, LLC to zone from O Office District to PUD Planned Unit Development, property located at northeast corner of Cleveland Road and Mayflower Road, City of South Bend - APC# 2549-10 . Dear Council Members: 1 hereby Certify that the above referenced ordinance of Brick Road, LLC was legally advertised on Thursday, April 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, April 20, 2010 took the following action: Upon a motion by Donna Chamblee, being seconded by John McNamara and unanimously carried, the proposed ordinance of Brick Road, LLC to zone from O Office District to PUD Planned Unit Development, property located at northeast corner of Cleveland Road and Mayflower Road, City of South Bend is sent to the Common Council with no recommendation. 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, ~~W. Byornt JWB ;jsc Attachment CC: Brick Road, LLC Danch, Hamer & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2549-10 Owner: Brick Road, LLC Location: northeast comer of Cleveland Road and Mayflower Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from O Office District to PUD Planned Unit Development to allow Primary permitted uses listed ir, the MFl Urban Corridor Multifamily District, LB Local Business District, CB Community Business District, and GB General Business District. Land Uses and Zoning: On site: On site is an old barn and farmland. North: To the north are 3 single family homes, a church and an elderly care home, all zoned R Single Family District (County). East: To the east are single family homes zoned R Single Family District (County) and a City of South Bend well field zoned LI Light Industrial (City). South: To the south is a proposed commercial development recently rezoned to CB Community Business District (City). West: To the west are several businesses, including a tire store and an equipment rental ' facility zoned LI Light Industrial district (City). District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovatior. 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 entire site is 43.33 acres and is proposed to be a mix of retail uses, a residential care facility, and attached single family units identified as senior cottages. The 193,162 square feet of retail is broken up into several buildings of varying sizes. The residential care facility consists of 245,956 square feet, and the 45 senior cottages have a total of 51, 800 square feet. Total building coverage is 18% of the site. A total of 1,085 pazking spaces are located on the site, covering 33% of the site: 875 for retail, 150 for the residential care facility and 60 for the senior cottages. Lighting and sign standards will adhere to the City of South Bend Zoning Ordinance. Landscaping, parking and loading follow the format of the City of South Bend Zoning Ordinance, but with changes to the content. Mayflower Road is proposed too be re-aligned. A pedestrian bicycle trail is being proposed to connect Cleveland Road to Brick Road, and the residential component to the existing residential subdivision to the east. Zoning and land use 6istorp & trends: The larger portion of this property was annexed into the City in 1993. In 1994, the Area Plan Commission initiated a rezoning to D [ndustrial and BP Business Park for the property annexed. Brick Road, LLC #2549-10 Page 1 of 3 The parcel containing the barn was annexed into the City in 2001. A 2001 petition to rezone that property to BP Business Park expired due to lack of final site plan. Traffic and transportation considerations: Cleveland Road has four lanes with a center median. Mayflower Road has two lanes. Brick Road has two lanes. The re-aligned Mayflower Road will have two lanes. Utilities: All buildings will be connected to City water and sewer facilities. Additional information: (Agency comments) The St. Joseph County Airport Authority is opposed to the project, stating that the entire development is within the Noise Sensitive Zone for Runway 18 at the South Bend Regional Airport. The St. Joseph County Health Department states that the proposed project is very near a community public water supply system. All of the PUD is within the 5 yeaz time of travel (Zone 2) of the Wellhead Protection Area. Some of the proposed PUD, including the parking area of one retail/commercial facility is located within the 200 foot Zone 1 setback of the Wellhead Protection Area. The Health Department recommends approval subject to stipulations as to what is placed within the 200 foot Zone 1 setback of the Wellhead Protection Area. A subdivision will be required to dedicate the right-of-way and reassign easements. Commitments: The petitioner has prohibited the construction of billboards within the P.U.D. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan. November 2006 Objective LU 5.4: Consider the needs of the South Bend Regional Airport when planning for the future of surrounding neighborhoods. The entire development is within the Noise Sensitive Zone for Runway 1 S at the South Bend Regional Airport. Objective PF 3.1: Ensure a clean and dependable water supply to meet the existing and future needs of the community. The proposed project is very neaz a community public water supply system Objective 2.1.2: Improve bicycle and pedestrian safety on local streets by providing bike lanes, paths and pedestrian walkways. There are currently bike lanes on the north side of Cleveland Road. This development proposes extending the lanes to Brick Road and to the east. Land Use Plan: The future land use maps identifies this area as LI Light Industrial. Plan Implementation/Other Plans: Michiana Regional Transportation Center Master Plan (Update 2000) The approach slope for the property in Appendix 2 approach north of Runway 18-36 is 34:1. Brick Road, LLC #2549-10 Page 2 of 3 When modifications are made to existing runway systems, aircraft noise is often the most obvious impact on a community. NOTE: Runway 18-36 was extended in 2007. 2. Current conditions and character: There is an established neighborhood to the east and industrial uses to the west. There is limited residential to the north consisting of homes on larger lots fronting Brick and Mayflower Roads. 3. Most desirable use: The most desirable use is light industrial. The off ce uses originally contemplated by the property owner several years ago would also be suitable. ~. Conservation of property values: Any development to the site may affect surrounding property values, although the location of the proposed uses will minimize any property value impact, especially to the existing homes to the east. 5. Responsible development and growth: With the recent rezoning of the property to the south for a commercial development including a hotel and restaurants, it is appropriate to allow the site to accommodate additional, and compatible uses. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation for the LB,CB and GB uses. Analysis: Being in the Noise Sensitive Zone is not be best location for residential uses. City Plan recommends this property be Light Industrial. Therefore the commercial portion can be supported to act as a buffer between the existing light industrial to the west and the existing residential to the north and east. Brick Road, LLC #2549-10 Page 3 of 3 Zoning Key COUNTY "R" SINGLE FAMILY DISTRICT ~•SOUTH BEND "O' OFFICE DISTRICT - SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT SOUTH BEND "LI" LIGHT INDUSTRIAL DI STRICT ~~'i;.' ~.T _, S 1 inch = 400 feet APC # 254 -1 D Rezoning from: "O" OFFICE DISTRICT to • "PUD" PLANNED UNIT DEVELOPMENT April 16, 2010 The Area Plan Commission St. Joseph County,lN 1140 County-City Building South Bend, IN 46601 VIA OVERNIGHT DELIVERY RE: Proposal from Brick Road LLC to rezone property located at the corner of Cleveland Rd. and Mayflower Rd. from O Office District to PUD Planned Unit Development - APC# 2549-10 Dear Commission: Estes Express Lines owns the property located at 5550 W. Cleveland Rd., City of South Bend. Our property is across Cleveland Rd. from the above referenced site and is zoned Light Industrial. We currently lease the site to YRC Inc. who uses the facility as a truck terminal, which is its intended use. If YRC should move out at some point in the future, Estes would operate a truck terminal from this facility, so the current use would continue. Our property and the other industrial properties surrounding the above referenced parcel along Cleveland Rd. are not a good mix for the proposed development. Industrial traffic mainly consists of large tractor-trailers and heavy dump trucks, straight trucks, etc. We have dealt with noise and traffic complaints in other locales where our terminals are located near residential developments and we foresee this as a problem here. These cross-dock facilities are often open 24 hours, seven days per week. The noise that comes from such a facility would not be conducive to sleeping during the night hours and is generally considered a nuisance by residents during the day-time hours. In addition, it is concerning that the proposal includes a pedestrian and bicycle trail on Mayflower Rd. to connect Cleveland Rd. and Brick Road. Cleveland Rd. does not have any sidewalks or traffic signals to currently make it pedestrian or bicycle safe. There is also an industrial business that fronts Mayflower Rd. that will have heavy vehicles coming and going. Mixing pedestrians -and bicyclists with heavy industrial traffic along Mayfield and Cleveland roads is highly unsafe. Neither road is appropriate for this type of proposed traffic. In summary, industrially developed areas should not adjoin a residential development to protect the enjoyment of all property owners involved. We oppose the proposal to rezone the property to PUD. The property should remain as O Office District as the uses under this zoning would be amore appropriate buffer and transition from the current residential areas along Brick Road to the Industrial uses along Mayflower and Cleveland. In addition, the traffic along this area of Cleveland Road should continue to accommodate industrial traffic for the safety of all involved. 3901 W. Broad St ~ p' 8041353-BOOi2.O~Westes- xpresateomichmond, VA 23260-5612 p;(00~1353-1900 ESTES In closing, please note that if this development is approved, we would like to note that the industrial businesses surrounding it were here first. Any noise or traffic complaints from residents in this development will need to be addressed by the county and the developers proposing the zoning change and not the business owners in this area. If you have any questions or need additional information, please give me a call at 804-353-1900, ext. 2263. Thank you for your time and consideration. Respectfully yours, Ange a J. Maidment V.P. of Corporate Real Estate ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 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 TAE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, AND IS PRESENTLY ZONED O 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: MF1 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 I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY IQdOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, SE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: ~'A PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, HEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS # 1 THROUGH # 10 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. BE AND THE SAME HEREBY ESTABLISHED AS "PUD" PLANNED UNIT DEVELOPMENT DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL ATTEST: CITY CLERK 2 PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF 2 , AT O'CLOCK M. MAYOR, CITY OF SOUTH BEND, INDIANA APPROVED AND SIGNED BY ME ON THE DAY OF 2 , AT O'CLOCK .M. 1st READ#P<G 3 -~'--t a PUL<LlC {iE~`.RING 3 rd READ{f~G hlOT APPROVED REFERRED ~ -~ - ~ _br~E ° PASSED CITY CLERK ~ti~'C~ ~i1 ~~~f ~'~ ~Qi6~8 P~~kR - 3 2.010 JrJ1#!~ VrCRGE CITY C~.EFA, E~O. f3.tiG, #N. DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN 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 ROAD NORTHVILLE, MICHIGAN 48167 (248) 361-3669 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: O 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 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 2 PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '~" x 11" FORMAT. FOR: BRICK ROAD LLC 58000 WEST EIGHT MILE ROAD NORTHVILLE, MICHIGAN 48167 (248) 361-3669 PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARMER & ASSOCIATES 1643 COI~~RCE DRIVE SOUTH BEND, INDIANA 46626 PHONE NUMBER (574)-234-4003 ~ ,~ ~. ~,~/if. - 3 20;0 JGii~! ti, a;',~~ ct7Y c~~~,~:, s~~. t,~.-a, ~~t.