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HomeMy WebLinkAbout4-23-2018 Agenda Packet 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, April 23, 2018 7:00 P.M. 1. INVOCATION- LARRY DWYER, BAHA’I FAITH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS BILL NO. 18-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA COMMEMORATING AND THANKING CINDY PIECH- MILLER ON THE OCCASION OF HER RETIREMENT 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME: ______ BILL NO. 05-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (COUNCIL PORTION ONLY) 14-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 2 8. BILLS ON THIRD READING TIME:______ BILL NO. 05-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (COUNCIL PORTION ONLY) 14-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS BILL NO. 18-15 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 122 MILTON STREET 18-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF 18-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING RENEWAL OF THE HUMAN RIGHTS ORDINANCE INTERLOCAL AGREEMENT 18-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS INTERSECTION OF SAMPLE ST. AND FRANKLIN ST., SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (8) EIGHT-YEAR REAL PROPERTY TAX ABATEMENT FOR FRANKLIN STREET TECHNOLOGY PARK, LLC 18-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 320 EAST COLFAX AVENUE, SOUTH BEND, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR COMMERCIAL PROPERTY LOCATED AT WHARF PARTNERS, LLC 3 10. BILLS ON FIRST READING 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH N. FOWLER, CITY CLERK DATE: APRIL 19, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, APRIL 23, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. HEALTH & PUBLIC SAFETY JO M. BRODEN, CHAIRPERSON 1. Bill No. 18-17- Approving Extension of Human Rights Interlocal Agreement between City and St. Joseph County 2. St. Joseph County Health Department Update 4:00 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 18-16- Executing Documents to Renew Interlocal Agreement between Cities of South Bend, Mishawaka, and St. Joseph County 2. Bill No. 18-18- Designating Property Tax Abatement Petition: Franklin Street Technology Park, LLC 3. Bill No. 18-19- Designating Property Tax Abatement Petition: Wharf Partners, LLC 4:20 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 18-15 -Special Exception for Property at 122 Milton Street 2. Bill No. 14-18 -Zone Map Amendment for 1619 South Michigan Street 3. Bill No. 05-18- Rezoning for Property located at 3527 Lincoln Way West- Notification (Committee of the Whole & Council Portion Only at 7:00 P.M.) Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment 2 cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 02-26-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Gavin Ferlic, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Dr. David Varner, Chairperson Gavin Ferlic, Member Tim Scott, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dr. David Varner, Member Gavin Ferlic, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Dr. David Varner, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Dr. David Varner, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Dr. David Varner 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) TIM SCOTT, 1ST District Council Member President Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member Council Rules Committee, Chairperson Sub-Committee on Minutes, Member PARC Committee, Vice-Chairperson OLIVER J. DAVIS, 6TH District Council Member Vice President Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Community Relations Committee, Member Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY- CITY BUILDING, SOUTH BEND, INDIANA 46601 (5741 235- 9571 January 3, 2018 Filed in Clerk's Office Honorable South Bend Common Council 4`h Floor, County-City Building JAN 0 3 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN RE: 3527 Lincoln Way West APC#2859-17 Dear Council Members: Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location.Please include the attached Ordinance on the Council agenda for first reading at your January 8, 2018 Council meeting,and set it for public hearing at your February 26,2018 Council meeting. The petition is tentatively scheduled for public hearing at the February 20, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N BILL NO. 05-18 PETITION FOR ZONE MAP AMENDMENT City f South Bend,Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 3527 Lincoln Way West South Bend,IN 46628 2) The property Tax Key Number(s)is/are: 018-2193-7244 3) Legal Description(s): Beginning at a point ninety-one feet six inches(91.5')west of the northeast corner of the west half of the northeast quarter(NE 1/4) of Section four(4)Township thirty-seven(37)north, Range two(2)east;thence running south parallel with the east line of the west half(W 1/2) of said Section four(4)to the northerly line of Lincoln Way West,formerly Michigan Road; thence northwesterly along the northerly line of said road two hundred thirty-nine feet(239); thence north to the north line of said Section;thence east along the north line of said Section, two hundred twenty-four(224) feet to the place of beginning;excepting therefrom a parcel of land described as a point ninety-one and five tenths(91.5)feet west of the northeast corner of the northwest quarter (NW 1/4) of the northeast quarter (NE 1/4) of said Section four(4), Township and Range aforesaid;thence running due south to the northerly line of Lincoln Way West,formerly Michigan Road;thence northwesterly along the northerly line of said road,one hundred eight and twenty-six hundredths(108.26)feet;thence in a due northerly direction to the north line of said section;thence east along the north line of said section, 100 feet to the place of beginning,all in St.Joseph County,Indiana. 4) Total Site Area: 0.67 acres(29,133 square feet) 5) Name and address of property owner(s) of the petition site: Women's Care Center,Inc. 360 N.Notre Dame Avenue South Bend, IN 46617 574) 968-7476 annmanion 13 Pgmail.com Name and address of additional property owners,if applicable: Not Applicable 6) Name and address of contingent purchaser(s),if applicable: Not Applicable Name and address of additional property owners,if applicable: Not Applicable 7) It is desired and requested that this property be rezoned: Filed in Clerk's Office From: SF 1 Single-Family and Two-Family District To: OB Office Buffer District DEC 2 q 2017 KAREEMAH FOWLER CITY CLERK.SOUTH BEND, IN BILL NO. 05-18 8) This rezoning is requested to allow the following use(s): Counseling Offices IF VARIANCE(S)ARE BEING REQUESTED: Not Applicable IF A SPECIAL EXCEPTION USE IS BEING REQUESTED: Not Applicable CONTACT PERSON: Richard A Nussbaum II 210 South Michigan Street South Bend,IN 46601 574-234-3000 dickn@sni-law.com BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s), or signature of Attorney for all property owner(s): BILL NO. 05-18 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner is seeking a rezoning to OB Office Buffer for an office. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Beginning at a point ninety-one feet six inches (91.5')west of the northeast corner of the west half of the northeast quarter(NE 1/4) of Section four(4) Township thirty-seven(37)north, Range two (2) east; thence running south parallel with the east line of the west half(W 1/2) of said Section four(4) to the northerly line of Lincoln Way West, formerly Michigan Road; thence northwesterly along the northerly line of said road two hundred thirty-nine feet(239); thence north to the north line of said Section; thence east along the north line of said Section,two hundred twenty-four(224) feet to the place of beginning; excepting therefrom a parcel of land described as a point ninety-one and five tenths (91.5) feet west of the northeast corner of the northwest quarter(NW 1/4) of the northeast quarter(NE 1/4) of said Section four(4), Township and Range aforesaid; thence running due south to the northerly line of Lincoln Way West, formerly Michigan Road;thence northwesterly along the northerly line of said road, one hundred eight and twenty-six hundredths (108.26) feet; thence in a due northerly direction to the north line of said section; thence east along the north line of said section, 100 feet to the place of beginning, all in St. Joseph County, Indiana. be and the same is hereby established as OB Office-Buffer District. SECTION H. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President Member of the Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRER WSW ' LAWRENCE P. MAGLIOZZI FSF(I(I r I IF 1)I Ri.TOR Angela M. Smith 1)rFuf1 l)1-,I.- AREA PLAN CQMMISSION OF ST. JOSEPH COUNTY, IN 327 W. )1.FFFItSON BLVD., IMMIt 1110 1-(,UITY-CITY 1111Lh1NG, 50111-1 131.1), INDIANA 46601 (S74) 233-9371 Wednesday, February 21, 2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Women's Care Center, Inc. to zone from SF Single Family&Two Family District to OB Office Buffer District, property located at 3527 Lincoln Way West, City of South Bend-APC#2859- 17. Dear Council Members: I hereby Certify that the above referenced ordinance of Women's Care Center, Inc. was legally advertised on February 8, 2018 and that the Area Plan Commission at its public hearing on February 20, 2018 took the following action: Upon a motion by Oliver Davis,being seconded by Jacob Holloway and unanimously carried,a proposed ordinance of Women's Care Center, Inc. to zone from SFI Single Family&Two Family District to OB Office Buffer District,property located at 3527 Lincoln Way West,City of South Bend, is sent to the Common Council with a 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, Lawrence P. Magliozzi Attachment CC: Women's Care Center, Inc. Richard A. Nussbaum II SERVING ST. JOSEPH COUNTY . SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND W W W.S)C I N D I A N A.C 0 N I)0 BILL NO. 05-18 Staff Report 2/8/2018 APC # 2859-17 Owner: Women's Care Center, Inc. Location: 3527 Lincoln Way West Jurisdiction: City of South Bend Public Hearing Date: 2/20/2018 Requested Action: The petitioner is requesting a zone change from SF Single Family&Two Family District to OB Office Buffer District Land Uses and Zoning: On site: On site is a single family home and associated accessory structures. North: To the north, across from Elwood, are single family homes zoned S172: Single Family and Two Family District. East: To the east is an office zoned OB: Office Buffer District. South: Across Lincoln Way are three parcels zone LB: Local Business District. West: To the west are single family homes zoned SF 1: Single Family and Two Family District. District Uses and Development Standards: The OB: Office/Buffer District is to provide specific areas where only certain limited offices may be developed. Since the district excludes retail, clinics, and business and commercial uses, and requires extensive screening and landscaping of permitted uses and associated parking areas, it may serve as a buffer between residential areas, and business and commercial developments. The OB: Office/Buffer District is expressly intended to be limited to the area in association with commercial areas and certain streets where a gradual transition from existing residential use should occur. Site Plan Description: The site plan shows the remodeling and expansion of the existing home on the 0.57 acre lot, including the addition to that back of the house and the small addition on the south east corner of the house. Three structures will be removed. The existing structure and additions will house a medical clinic and offices. 20 parking spaces are proposed for the business, 15 are required. The site meets the landscaping requirements. Zoning and Land Use History And Trends: Parcels to the south and east have been rezoned to commercial or office districts. The parcel directly adjacent to the east was recently rezoned to OB: Office Buffer in 2002. Traffic and Transportation Considerations: Lincoln Way to the south has two lanes with a middle multi-directional left turn lane and seperated bike lanes in each direction. Elwood on the north side has two lanes. Utilities: The site will be served by municipal water and sewer. Agency Comments: Community Investment offers a favorable recommendation. The future land use plan in the West Side Main Streets Plan designates this parcel as the westernmost parcel in the Bendix Node. Thus, a use more intense than single-family residential would be appropriate, and APC #2859-17 Page 1 of 2 Staff Report 2/8/2018 the proposed OB zoning would provide a transition from the single-family residential parcels to the west to the suburban commercial uses to the east. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The West Side Main Streets Plan(2014) states that the Bendix Node, in which this parcel is located, would be appropriate for commerical and medical office uses. Land Use Plan: The future land use plan identifies this area as the Bendix Node. Plan Implementation/Other Plans: The Petition is consistent with the Comprehensive Plan for the City of South Bend(2005), Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map and Objective ED 7.3: Support neighborhood- based economic opportunities as identified in area-specific plans. 2. Current Conditions and Character: Lincoln Way West is a mix of commerical and office businesses. To the north and south of the parcel, abutting the parcels along Lincoln Way, are primarily single-family residential homes. 3. Most Desirable Use: The most desirable use is office or commerical use. 4. Conservation of Property Values: Surrounding property values should not be affected negatively. 5. Responsible Development And Growth: It is reasonable development and growth to encourage the development of office and commercial uses in the proposed mixed-use node. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing,the staff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: Rezoning this property to OB: Office Buffer will correspond well with the adjacent commercial and office properties along Lincoln Way. This rezoning corresponds with the City Comprehensive Plan and the West Side Main Streets Plan. Commercial and office use is appropriate for the Bendix Node (West Side Main Streets,2014)which this parcel is located. 1PC #2859-17 Page 2 of 2 LAWRENCE P. MAGLIOZZI q,'C F.XF.0 U TI VF. 1)1RGC1 1)R Angela M. Smith DcP.tr Iti-1— AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 tV. JEFFERSON BL1'U.. ROOM 1140 C'OU NI )-C1 I') BUILDING, SOUTH BEND, INDIANA +6601 (474) 23i-9i71 February 21, 2018 Honorable South Bend Common Council 4`h Floor, County-City Building South Bend, IN 46601 RE: Bill#05-18 Rezoning: APC#2859-17 3527 Lincolnway Dear Council Members: The Area Plan Commission held a public hearing on February 20, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, February 26,2018. Ordinance & Petition Amendments: The following changes were made to the petition: 1) The site plan was updated with more detail There were no changes to the Ordinance. Public Hearing Summary: There was 1 person that spoke in favor of the petition stating the current facility had outgrown the space. There were 2 people that spoke in opposition stating that this development was dangerous to the community and is bad development. We received 1 I letters in opposition to the petition. If you have any further questions,please feel free to contact me at(574) 235-9571. Sincerely, Lac Angela. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W-S T J O S E P H C O U N T Y I N D 1A N A.C O M/A R E A P L A N BILL NO. 05-18 u aas w1 9 Y. • i r f S a 5., i t r 3r,«i Li ri —.•.y. -3 y'li w X j7q. 1 ;- b„ y DER+ - t i- 3j. tom ar AM IZZ r I, S. w Wes ESFZ— SF2 .SF2 sSF2i t Oi w SF2 z SF2 mod,O SF2 W lj ELW ate, V OOD Ii SF2 SF1 O O r OB z W m_ wtq i LB SF1 CB I Rezoning from: CITY OF SOUTH BEND SF1: SINGLE FAMILY & TWO FAMILY DISTRICT TO MASTER ZONING KEY OB: OFFICE BUFFER DISTRICT N SOUTH BEND "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT W iE SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND "OB" OFFICE BUFFER DISTRICT s 1 inch = 100 feet SOUTH BEND"LB" LOCAL BUSINESS DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT APC # 2859-1 8 T099h euelPul' Pua94NOS I OOZ aUnS' 7se3 Aemupmun 6Z6 dN` dIQNI' QN38 H- Lnos G 1S3M AVMNIOONII ME 2AIN30 MWO S, N3WOM r rADN dlggv o s 3H12iO3 SNOliVAONMJ o < U Og r OwZ ZO°pa pr r xQ Z x( O Q z wX w OrLL po N w WW Z LL LL- LL LL rn r QU m2 md Z Nm E k Z o N QC7 pQw`" jj N U W r U fall y N U a Y t) t Q r ° U O W w V N O U ol N U W Y L W Y dd E W x LL x Q N Qzd p7ZU UL YwY a0 w u7 r o w uaJ i 0-- m- U aUmp< v) mw r0a = Z OZOUI . n >° o C, Q r, J 0 LL° ° kow mdm ' Qa? z c? o eR° re LL o0 Q 7dC9 r r 0 m OZLL ° vi Z w r 0CK N g IL ci o w W o ow z o= ° a w S U J j O mW O of O r Z UW U Z c t W F 7d' oawQ irr ¢ k o K y o rii dL < J NW W a: 02w zw w m w ( 7 r N wa O g w w its> o: m x20 o a a w wo w U. 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MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235-9571 March 6, 2018 Honorable Common Council Filed in Clerks Office 4th Floor, County-City Building South Bend, IN 46601 BAR 0'7 208 b KAREEMAi F6v'LERRE: 1619 South Michigan Street CITY CLERK,SOUTF4 REND, IN APC# 2865-18 Dear Council Members: Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location.Please include the attached Ordinance on the Council agenda for first reading at your March 12, 2018 Council meeting, and set it for public hearing at your April 23, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the April 17, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Jordan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N BILL NO. 14-18 Filed in Clerk's Office BILL NO. 14-18 MAR 0 7 2018 ORDINANCE NO. KgREEtvjhri FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LB to CB for automobile sales and carry-out restaurant. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Part of the West half of the Southwest Quarter of Section 13, Township 37 North, Range 2 East, St. Joseph County, Indiana being more particularly described as follows: Commencing at a point on the West line of Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley, a distance of 132 feet; Thence East, parallel with the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165 feet; Thence North, along the West line of said Michigan Street, a distance of 132 feet to the Point of beginning Containing 0.50 acres more or less, subject to all legal easements. be and the same is hereby established as CB: Community Business District. SECTION II. That a Special Exception Use for Automobile Sales in a CB: Community Business District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1619 South Michigan Street, South Bend,Indiana 46613 2) The property Tax Key Number(s)is/are: 018-8008-039101 3) Legal Descriptions: Part of the West half of the Southwest Quarter of Section 13,Township 37 North,Range 2 East, St.Joseph County,Indiana being more particularly described as follows: Commencing at a point on the West line of Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley,a distance of 132 feet; Thence East,parallel with the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165 feet;Thence North, along the West line of said Michigan Street,a distance of 132 feet to the Point of beginning Containing 0.50 acres more or less, subject to all legal easements. 4) Total Site Area: 0.50 acres 5) Name and address of property owner(s)of the petition site: Filed in Clerk's Office Delta One Properties,LLC 1619 South Michigan Street South Bend, Indiana 46613 MAR 0 7 2018 Name and address of additional property owners,if applicable: KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN 6) Name and address of contingent purchaser(s), if applicable: Jay Amer& Amjad Ahmed Michiana Auto Sales 1619 South Michigan Street South Bend,Indiana 46613 574-326-46613 Name and address of additional property owners, if applicable: FILED- 7) It is desired and requested that this property be rezoned: MAR 05 2018 From: LB Local Business District AREA PLAN Application# 942S— I To: CB Community Business District 8) This rezoning is requested to allow the following use(s): Automobile Sales And Carry-out Restaurant BILL NO. 14-18 IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) A variance from the required foundation landscaping to no foundation landscaping A variance from the required parking lot screening to no parking lot screening A variance from the required interior parking lot landscaped islands to no interior parking lot landscaped islands 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community:we will not be changing any property lines,building or the parking lot b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and:The use of the said parcel will be an automobile sales and a carry out restaurant that will use the existing building and parking lot. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: by not letting the property owners to benefit from the most applicable use of their property. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) The Special Exception Use(s)being requested:to have an automobile sales on said parcel 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience or general welfare: as there is no request being made of any purpose other than to use the existing parking lot and building for a automobile sales and a carry out restaurant b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: there will be no changes made to said parcel,the parking lot will exist as it is and the building will be a carry out restaurant and small office spaces. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: by allowing the existing building and parking lot to remain. d) The proposed use is compatible with the recommendations of the Comprehensive Plan.No property lines will be changed and there are no property line encroachments exist or are proposed. In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Lang, Feeney&Associates,INC Filed in Clerk's Office 715 South Michigan Street South Bend,Indiana 46613 MAR 7 2018 FILED - 574-233-1841 KAREEMAH FOWLER MAR 0 5 2018 CITY CLERK SOl1TH BEND,IN AREA PLAN C KQIISSION A lication# BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s),or signature of Attorney for all property owner(s): r Delta One Properties,LLC Filed in Clerk's Office MAR 07 2018 KAREEMAH FOWLER CITY CLERK,SOUTH SENp_ IN F 1IJE - MAR 05 2018 AREA PLAN COW 6-1 Application# a, 8 U U o 1g@ p Z Z Q w m cn Q Z Z w IIwQ) O c o C7 D S o G W,C) c) Li V p W cn O LO I t a t U) z a o mww z W CD w Z N Y oZ oz°(n OC) Lj = Q w C O I F o h0- U a in a a aZ0 Z Sw cn 1{ - C 0 swZQ1 W w n w oNw Cw- C) ui—i V1 F- w a Ln z w oN I z QZ (nq cn A c W w c9 L i L J ° 4 w o cY II v 7 O (n S Z Q W J = Q N Q) Z Q cn F- L° J r N a w W D O 2 L { J' w IyJ J Q v W C V) m a1 O 3 O Q u Ocnaw r W Owwm = - QOM Ltd O n Z wawa J Z z ¢II Oz = F-- q S 0 a U F—. O Q I I z U 2 LL J ° w X ICJ Li O [I-C G Q O LL-1 (n C ° w a z a . gy m p O O Z cn Q O • C. _v) 0 Q = r , w w° N J • I z O Q Z > Q C% w CD C' Q & zoo ¢ zzww w w ¢ a z V1 O = O z l wa v, °cna i Q ? 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Nm wC q MOOS F- O w W ~ w Om oF OZzWWWqW o Q LLJ M,LLJ 2: C7 n w LLJ LCD LLJWaQov~iu L oc) orz ! r"' c N sc" eo J CO 1S'J rD O Y LL Mew N CZ O Q cu Q cn Q.9 1jj 15 N"v'u- HJIV Y w Q a V6 1 1 M.00,00.00sl IIV9 O-U C, Q w i= NAOV813S 9NIANVd ,St I N NDVB 9NIallAO MW ,N 1.6 3 o} a w om a Olo m w Ln 101° wI V) N ww 0,91QC/) Imo` 4 °; i d IJ CD W V) CD x as co Cn C l I a V> Loo W I Q cO n I O z I LLI 1 o I U) z o a 1 a W ~ Z VV J I v Q mOdc' m I Q I w d Q I I Q U U i w Q C) tr (n a vi LIa. i Q U U G 00 Q l o O DoLLJ L J Z C-) / I o Ia m LO I X( I a I n LO I d w olo o cv o N N Z J U7 00 I( w I CO W cn FT 4 Y v I Of I 1 S J Ln I oEl- I Q a I 1 z w I I U N ft w i vai3s aav bv3a ,o l CliOC)' n z r7 0 V 33NIJ ANI1 NINHJ ,9 aQ Z 3„Dg,06.00N 11dHdSb 1]dHdSd d S O S 0 js O 0> ok J, J BILL NO. 14-18 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 April 4, 2018 Honorable County Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 APR 0 4 2018 RE: 122 Milton Street—Special Exception Use KAREENiAHFOWLER CITY CLERK,SOUTH BEND,IN Dear Council Members: Enclosed in an Ordinance for the proposed Special Exception Use at the above referenced location.Please include the attached Resolution on the Council agenda for first reading at your April 9th, 2018 Council meeting, and set it for public hearing at your April 23`d,2018 Council meeting. The petition is tentatively scheduled for public hearing at the April 11th, 2018 Area Board of Zoning Appeals meeting. The recommendation of the Area Board of Zoning Appeals will be forwarded to your office following the public hearing. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T I O S E P H C O U N T Y I N D I A N A.C O M I A R E A P L A N BILL NO. 18-15 BILL NO. 18- 15 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 122 MILTON STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5- 5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5- 5, requesting that a Special Exception be granted for property located at: 122 MILTON STREET In order to permit insert a Two Family Dwelling. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals or Common Council, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council 7tAPR 's Office 2010 NOT APPR OA6 I(AREEMAH FOWLER CITY CLERK,SOUTH REND,IN CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTY INFORMATION: The property Tax Key Number(s)is/are: 018-7034-1333 The property address:MAR fl 6 ZU 1 122 Milton St,South Bend,IN 46613 If the application only includes a portion of the property listed above,provide the Legal Description for the petition area and the total site area: n/a VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired request(e.g.from the required[enter requirement]to[enter request going to])Additional examples can be found on our website.Please comet the Staff ifyou need assistance. 1)1 Variance consisting ofminimu n 4 required offstreet parking spaces to 1 2)A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: The property contains a one car garage along with a driveway far an extra vehicle. There is also two undelveloped lots directly across the street. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: [After the rehab ofthe existing structure into a well kept property,the property value will go up for this home and others in the area. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: This Property will not cause a parking problem on the street due empty lots across the street and ample distance between houses. Parking is consistently available on this street. SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested: I would like to convert the house back into a two family dwelling. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: This property will beautify and thus improve the community with a well maintained house replacing the current dilapidated property b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The current structure is dilapidated. The rehab will increase property values on the street. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: There is a variety of housing types in the area and this was previously a duplex. The[louse has two kitche 1 have extensive rehab experience in the neighborhood so the property will be up the area standards d) The proposed use is compatible with the recommendations of the City of Sot th B(F4 GeJThq ftj*S Office Plan. The city would like to rehab the many dilapidated houses in this neighi orhoo I APR 0 4 2018 KAREEMAH P)WLER CITY CLERK,SOUTH BEND IN BILL NO. 18-15 PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: Brian Honvitz/BH Investments 2269 Chestnut St#280 MAR 0 6 2018 San Francisco, CA 94123 949-910-8691 I° ticketshop @gmail.com Name and address of additional property owners,if applicable: Name and address of petitioner(s),if different than the petitioner): Name and address of additional property owners,if applicable: CONTACT PERSON: Cindy 11endrick 1921 SLafayetle St South Bend,IN 46613 949-910-8691 ticketshop @Gmail.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. Signature(s)of all property owner(s): Filed in Clerk's Office APR 04 2018 KAREENIAH wC3WLER CITY CLERK,SOUTH BEND,IN BILL NO. 18-15 1t a r µ rl a i `fir°- .- tj" r r. It r r d a a tr. yy.. If`• ^ _ __ _ _. i.p` _ 'i 1'b'.'rl ry'•`til l7efy Q F Y?'+, 1 r e',; j^i air q ITOfinf f#23 1y ..: r•,,• I R,- +f. ',1 '}.'/'t Il;a« t.i J ii-*•its.i' r-r `.• i•. f J r. i-- gyp. t j ! a - r 1 f` r _ •• T 7 KO fK 4 j 11 Mf 1 AREA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard South Bend,IN 46601 www.sjcindiana.com Phone-574-235-9571 -Fax-574-235-9813 Thursday, April 12, 2018 Common Council 227 W.Jefferson Boulevard South Bend,IN 46601 RE: The petition of BH INVESTMENTS LLC seeking a Special Use for a two family dwelling in the SF2 Single Family&Two Family District for property located at 122 MILTON ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of BH INVESTMENTS LLC was legally advertised on March 29, 2018 and that the Area Board of Zoning Appeals at its public hearing on April 11, 2018 took the following action: Upon a motion by Michael Urbanski,being seconded by Kathy Schuth and unanimously carried,a petition by BH INVESTMENTS LLC seeking a Special Use for a two family dwelling for property located at 122 MILTON ST,City of South Bend, was sent to the Council with no recommendation, and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P.Magliozzi,Executive Director Attachment CC: BH INVESTMENTS LLC Cindy Hendrick BILL NO. 18-15 LAWRENCE P. MAGLIOZZI F X[UTI VF. UI RF.CT OR Angela M. Smith Drputy 1)i rr,t or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. II,FFI,RSON BLVD., ROOM 11+ 0 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +66111 (i 7 4 1 23i-9071 The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on APRIL 11, 2018. Special Exception/Special Use A special exception use/special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 Comprehensive Plan Petition of BH Investments LLC Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use is residential. I should not be injurious to the public health, safety, or general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Because of the residential nature of the proposed two-family dwelling, it would not affect the use or value of the adjacent property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed two-family dwelling is consistent with the character of the area and the SF2 Single Family&Two Family District. This area is in a medium density residential area with close proximity to a major commercial corridor. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the City Plan, South Bend Comprehensive Plan (November 2006): Objective Hl: Ensure that an adequate supply of housing is available to meet the needs, preference, and financial capability of households now and in the future. SERVING ST. JOSEPH COUNTY, SOUTH SEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T I O S E P H CO U N T T IN D$A N A-C O H I A N E A P L A N T-4 1P W \ PEACE,:! Z x x 1865 CITY OF SOUTHBEND COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR April 18, 2018 Filed in Clerk's Office Tim Scott, President South Bend Common Council APR 18 2018 400 County City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN President Scott: The attached resolution will authorize the Mayor of South Bend to execute documents to renew the St. Joseph County Housing Consortium under an inter-local agreement between the Cities of South Bend, Mishawaka, and St.Joseph County. The Consortium was originally established in 1991 and since that time has brought over 14 million dollars of HOME program funding for low-income assistance into our community. The Consortium's current agreement covering the period of 2016-18 is set to expire on December 31, 2018. The Department of Housing and Urban Development(HUD) process requires the passage of a resolution authorizing the chief elected officer of the jurisdiction to execute renewal documents. The renewal agreement will cover years 2019- 2021 and is attached. Re-establishing the Consortium will allow continuation of this valuable community resource. Staff will present this resolution at the April 23, 2018 meeting. Please call me at 235-5845 with any questions prior to then. Thank you. Since Pamela C. M er Director, Neighborhood Development l DANIEL J.BUCKEINMEYER ALKEYNA ALDRIDGE PAMELA MEYER TM GoRCORAN BUSINESS DEVELOPMENT ENGAGEMEA'T&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 14005 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p574.235.9371 www.southbendin.gov BILL NO. 18-16 Filed in Clerk's Office BILL NO. 18-16 APR 18 2018 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH REND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS,On November 28, 1990,the National Affordable Housing Act(NAHA)of 1990, also known as the Cranston-Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grant (CDBG), the HOME Investment Partnership Program HOME), Emergency Solutions Grant (ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single Unit of general local government, for purposes of HOME; and WHEREAS, I. C. 36-1-7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of the others,powers that may be exercised by such units severally; and WHEREAS,pursuant to the lnterlocal Cooperation Act,the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government have formed the St. Joseph Housing Consortium, which,by agreement of the member entities, is to terminate on December 31,2018; and WHEREAS,the Cities of South Bend,Mishawaka,and St. Joseph County are desirous of re- establishing the Consortium for the purposes of receiving an allocation and participating in HOME, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs, including using a January 1 st program year; and WHEREAS, substantially similar resolutions will be approved by the St. Joseph County Council and the Mishawaka Common Council. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA UNDER I.C. 36-1-7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana has considered and hereby approves the extension of and participation in the St. Joseph County Housing Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the HOME Investment Partnerships Program (HOME), Emergency Solutions Grant(ESG)and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 NAHA). Section II. The Common Council of the City of South Bend, Indiana hereby authorizes the Mayor, or his designee, to enter into an Agreement extending the St. Joseph County Housing Consortium,in form and substance the same as or similar to that of the Agreement attached hereto. Section III. The Common Council of the City of South Bend, Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Filed in Clerk's Office APR 18 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BENn w AN AGREEMENT AMONG THE CITIES OF SOUTH BEND, MISHAWAKA,AND THE COUNTY OF ST.JOSEPH EXTENDING THE ST.JOSEPH COUNTY HOUSING CONSORTIUM THIS INTERLOCAL AGREEMENT (Agreement) is entered into this day of 2018 by and among the City of South Bend, Indiana South Bend),the City of Mishawaka, Indiana (Mishawaka), and The County of Saint Joseph, Indiana (St.Joseph County). RECITALS WHEREAS, on November 28, 1990,the National Affordable Housing Act NAHA) of 1990, also known as the Cranston-Gonzales Act, became law,to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit applicable plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Program (HOME); and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as a consortia in, and thereby be considered a single unit of general local government for the purpose of HOME; and WHEREAS, South Bend, Mishawaka, and the St.Joseph County (collectively, Consortium Members"), being contiguous units of general local government,first formed a consortium on August 27, 1991,with continual renewals every three years,for the purposes of formulating and submitting required plans for the purpose of receiving an allocation and participating in the HOME, CDBG, ESG,and all other housing programs administered by the Department of Housing and Urban Development (HUD) for which they maybe eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs,which consortium expires by its terms unless it is extended prior to December 31, 2018; and WHEREAS, HUD's Notice CPD-06-04 and 24 CFR Parts 91 and 92 set forth requirements for a consortium agreement, and the intent of this Agreement is to comply with the Notice and CFR Parts 91 and 92. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein,and pursuant to the authority granted the parties under I.C. 36-1-7,the Indiana Interlocal Cooperation Act,the Consortium Members AGREE as follows: 1 BILL NO. 18-16 1. Preamble Program Activity. Consortium Members agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME Program. Fair Housing. Consortium Members confirm their commitment to cooperate and further the goal of decent, safe, sanitary and affordable housing for every American, as set forth under NAHA, by taking affirmative steps to strengthen partnerships between public and private institutions, and to undertake such activities in conformance with fair housing policies. Program Year. Consortium Members agree to a program year start date of January 1. 2. Consortium Term. This Agreement shall specify the three year qualification period of the Consortium to be 2019, 2020, and 2021. This Agreement shall terminate at the later of the following dates: December 31, 2021 or the date on which all activities funded under NAHA during the federal fiscal years 2019, 2020,and 2021 have been carried out. Prior to the termination of this Agreement the Consortium may elect to extend the term of this Agreement,by the adoption of substantially similar resolutions of each of the governing bodies of each consortium member,approving the extension of the Consortium and the amendment ofthis Agreement,and authorizing the chief elected official of each member to execute the amendments to this Agreement. During the duration of this Agreement, no Consortium member may take any action to withdraw from the Agreement while it is in effect; terminate the Consortium,this Agreement, or the membership of that or another member in the Consortium. Amendment. Changes and amendments to this Agreement shall be made only upon the affirmative vote of two-thirds of the Consortium membership voting upon a motion to change or amend at a meeting of the Consortium. Limitations. No Consortium Member may obstruct implementation of the Consortium's approved Consolidated Plan. Representative Appointment. South Bend, Mishawaka, and St.Joseph County hereby designate South Bend as the Consortium's Lead Entity and authorize South Bend to act in a representative capacity,as Lead Entity for the Consortium, for purposes of HOME,and to exercise through its Department of Community Investment the activities of a Lead Entity. 2 Representative Responsibilities. South Bend, as representative member of the parties to this Agreement, and acting through its Department of Community Investment shall: a) Assume overall responsibility for ensuring that the Consortium's HOME program is carried out in compliance with the requirements of the HOME Program. b) Assume overall responsibility for the formulation, update, and timely submission of any required plans, including, but not limited to a Consolidated Plan as identified by HUD's Notice CPD-060- 04 and approved of by the Consortium; overall responsibility for formulating and updating a community profile (including a needs assessment and assessment of the Consortium's housing market and inventory) and the formulating and updating of a five (S)year strategy (including a plan that addresses geographic and program priorities) and addresses the issues of homelessness and other fair housing issues. c) Assume overall responsibility for implementing required plans within the Consortium. d) Assume overall responsibility for administration and management of all housing activities funded through HOME and other NAHA programs, within the Consortium, including but not limited to, application processing, applicant capacity review,property and market reviews, recommendations for funding, contract processing,and monitoring. e) Assume the overall responsibility to monitor and assure compliance with all HOME requirements during project implementation and the affordability period; including the right to enforce provisions of this Agreement and,to the reallocation of funds from activities for non- performance or non-compliance. Allocation of Project Funds.The initial funding of an activity, as well as any program income derived from that activity,shall be allocated on a project based method. Allocation of Administrative Funds.Administrative funds to compensate the Lead Entity South Bend Department of Community Investment for the services to the Consortium members will be determined on an annual basis. I Consortium Membership: Membership of the Consortium shall be composed j of the following: a) The Mayor of South Bend or designee; 3 b) A member appointed by the Mayor of South Bend; c) The Mayor of Mishawaka or designee; d) A member appointed by the Mayor of Mishawaka; e) President of the Board of County Commissioners of St.Joseph County or designee; f) A member appointed by the President of the Board of County Commissioners of St.Joseph County Each chief elected official member of the Consortium who elects to be represented by a designated alternate, shall, upon designating that alternate, so advise the Lead Entity, South Bend. Consortium Communications. The Consortium shall meet from time to time, as necessary to carry out its responsibilities and purposes hereunder,and shall publish notice of its meetings and conduct its meetings in accordance with the provisions of I.C. 5-14-1. 5. Quorum and Majority. A simple majority of the Consortium membership shall constitute a quorum at any meeting of the Consortium. The act of the majority of the members present and voting at a meeting at which a quorum is present shall be the act of the Consortium. Consortium Administration and Duties.To the extent not inconsistent herewith or restricted hereby,and to the extent not inconsistent with nor restricted by federal, state or local law,the Consortium may authorize any officer or officers, agent or agents, including employees of the Lead Entity,the City of South Bend Department of Community Investment,to enter into any contract or execute and deliver any instrument in the name of or on behalf of the Consortium, and such authority may be general or confined to specific instances. Further the Consortium shall: a) Conduct its business and affairs for the benefit of the Consortium Members. i b) Provide policy direction to the Lead Entity, in its exercise of its obligations here under. c) Review and approve the applications made to HUD for funding for other housing programs funded under NAHA to be implemented by the Consortium. 4 d) Enter into, make and perform contracts directly with private corporations, partnerships, associations, or foundations public and private,the United States of America,the State of Indiana, or any political subdivision or agency in order to implement and further the purposes of this Agreement. e) Accept grants and gifts from Consortium members,the United States of America, the State of Indiana, other units of general government, and from any unit, private corporation,partnership,association or individual provided,however,that no gift or grant may be accepted from any individual receiving services or from any member of the professional or clerical staff of the South Bend Department of Community Investment. Further, any grant or gift received by the Consortium shall be transferred for deposit in the St.Joseph County Housing Consortium Checking Account. f) In general, exercise all powers which now or hereafter may be conferred by law upon the Consortium for purposes of carrying out the purposes of this Agreement. 3. Fiscal Responsibility Financial and fiscal responsibility for all funds received and administered in connection with this Agreement, shall, on a day-today basis,be vested in the Lead Entity the City of South Bend Department of Community Investment and/or the City of South Bend's Controller. The Department of Community Investment and/or the South Bend Controller shall be responsible for the receipt, disbursement, and accounting of all Consortium funds. 4. Expansion of Consortium. During the term of this Agreement, any other unit of general local government contiguous to South Bend, Mishawaka,and/or St.Joseph County, may petition the Housing Consortium to join, and thereby expand the Consortium. Such petition shall be signed by the Chief elected Official of the petitioning governmental unit and shall demonstrate the interest, desire, and commitment of that governmental unit to participate in and further, affirmatively,the purposes of the Consortium. The Consortium shall consider and vote on such petition at a regular or special Consortium meeting. Upon the unanimous vote of the current Consortium membership approving such a petition,the Consortium shall direct the petitioning governmental unit to seek the adoption of a resolution by its governing body, resolving to join the Consortium and authorizing the Chief elected Official of the petitioning governmental unit to execute and join the Agreement. The membership of the Consortium shall be expanded automatically, from time to time,by the addition of additional contiguous units of general local government, 5 as they are accepted for membership upon petition and resolution as provided herein; provided,however,that the expansion of Consortium membership shall have no effect upon the designation of South Bend herein as representative member of the Consortium, not shall such expansion have any effect upon the composition, number, operations,and authority of the Consortium,as set forth herein. 5. Existing Programs Some Consortium members' existing programs may need to be modified if the programs are to be carried out with HOME funds; however,the Consortium's activities do not impact CDBG funded programs. 6. Recitals and Headings The headings in this Agreement are for convenience and reference only and will not be considered in the interpretations of this Agreement. The recitals are an integral part of the Agreement and are incorporated by reference. 7. Authorizing Resolution Each Consortium Member previously adopted a resolution resolving to approve this Agreement, and authorizing the execution of this Agreement by the chief elected official of the respective local unit of general government. True and accurate copies of each Consortium Member's resolutions are incorporated by reference and attached hereto as Exhibit 1. It is desirable and advantageous, and in the public interest to enter into an Agreement for joint and cooperative action,as embodied in this Agreement. NOW,THEREFORE,the elected officials of each of the previously mentioned local units of government approve this Agreement, and as authorized representatives of their unit of government pledges cooperation and enter into such Agreement as previously authorized and directed. 6 FOR ST. JOSEPH COUNTY: DATE Andrew Kostielney, President Board of Commissioners for St.Joseph County FOR THE CITY OF MISHAWAKA: DATE David A.Wood, Mayor City of Mishawaka, Indiana FOR THE CITY OF SOUTH BEND: _ DATE Pete Buttigieg, Mayor City of South Bend, Indiana 7 1200 COUNTY-CITY BUILDING SPUTA- - PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD o d FAX 574/ 235-7670 SOUTH BEND,INDIANA 46601-1830 i TTY 574/235-5567 W PEACE a 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW STEPHANIE STEELE ALADEAN M.DEROSE CORPORATION COUNSEL CITY ATTORNEY April 18,2018 Filed in Clerk's Office Mr.Tim Scott, President South Bend Common Council APR 8 2018 227 West Jefferson Blvd., 4`' Floor KAREEMAH FOWLER South Bend,IN 46601 CITY CLERK,SOUTH BEND, IN Re: Resolution Approving Extension of Human Rights Interlocal Agreement Between City and St.Joseph County Dear Council President Scott: Attached for filing with the South Bend Common Council is a Resolution to approve extension of the previously approved Interlocal Agreement (copy also attached) between the City of South Bend Human Rights Commission and St.Joseph County. Passage of this Resolution will enable the South Bend Human Rights Commission to continue through December 31, 2018 its investigation and related services for discrimination claims arising in St.Joseph County. At this time and through December 2018, there is no monetary contribution from the County for the cost of these services. That is because the data is inadequate to properly assess costs. The South Bend Human Rights Commission will use this time to continue reviewing and analyzing the case information. The Interlocal Agreement provides the potential for County cost participation in 2019 and thereafter. I understand the County has or shortly will approve this Extension of Interlocal Agreement. Human Rights Commission Director Lonnie Douglas will most likely present this Resolution to the Council at its Committee and regular meeting. I may also be present. Thank you for your consideration. er eRdeanI se i Attorne Y ELLIOT A.ANDERSON ASHLEY MILLS COLBORN CLARA MCDANIELS THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS BILL 18-17 Filed in Clerk's Office Bill No. 18-17 APR 18 2018 RESOLUTION NO. KAREEM;Ak FOWLER CITY CLERK, SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING RENEWAL OF THE HUMAN RIGHTS ORDINANCE INTERLOCAL AGREEMENT WHEREAS,the St. Joseph County Council approved the St. Joseph County Human Rights Ordinance,No. 18-17, on February 14, 2017 which was subsequently approved by the St. Joseph County Board of Commissioners on February 21, 2017,which Ordinance is substantially identical to the South Bend Human Rights Ordinance, as amended; and WHEREAS,the St. Joseph County Human Rights Ordinance designated the Indiana Civil Rights Commission as the agency to enforce the St. Joseph County Human Rights Ordinance, but St. Joseph County reserved the right to designate an alternative local agency to enforce the St. Joseph County Human Rights Ordinance at such time as the alternative local agency would be in existence and eligible to carry out that enforcement; and WHEREAS, the St. Joseph County Council by Ordinance by No. 66-17 passed on September 12, 2017, and approved by the Board of Commissioners of St. Joseph County on September 14, 2017, and the South Bend Common Council by Ordinance No. 10542-17 passed on September 26, 2017, approved and entered into an Interlocal Agreement whereby the South Bend Human Rights Commission was designated as the enforcement body for the St. Joseph County Human Rights Ordinance ("the Interlocal Agreement"); and WHEREAS, both parties desire to renew the terms of the Interlocal Agreement through calendar year 2018, and, therefore, desire to enter into the 2018 Renewal of Interlocal Agreement Between the City of South Bend Human Rights Commission which is attached hereto as Exhibit A; and WHEREAS, it is in the mutual interest of the City of South Bend and the County of St. Joseph that the South Bend Human Rights Commission continue to be the enforcement body for the St. Joseph County Human Rights Ordinance. NOW, THEREFORE,be it RESOLVLED by the Common Council of the City of South Bend, Indiana, that: Section I. The Council hereby approves the 2018 Renewal of Interlocal Agreement Between the City of South Bend Human Rights Commission and the County of St. Joseph for Enforcement of the County's Human Rights Ordinance in the form attached hereto as Exhibit A„ Section II. No funds are required from St. Joseph County("the County") during this Renewal Term. However,the data for investigation and other services rendered in the County will continue to be analyzed to determine whether the County should contribute to the costs of the South Bend Human Rights Commission in calendar year 2019 and thereafter. Section II. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. Tim Scott, Council President South Bend Common Council Filed in Clerk's Office APR 18 2018 K REEMr r rT;TLEA CITY CLERK,SOUTH BEND. IN EXHIBIT A Interlocal Agreement between the City of South Bend Human Rights Commission and the County of St. Joseph for Enforcement of the County's Human Rights Ordinance Dated September 29, 2018 BILL 18-17 J d€ a Bill No. 54-17 Ordinanee No. 66-17 r I t: T INTERLOCAL AGREE ME,NT'BETWFFN THE, (:)I_TV OF SOUTH BEND HUMAN y, 1<ORTS COM 41SSION AND THE C0UNTY'OF ST.JOSEPH FOR I,INFORCEM NT` OF THE COUNTY'S HUMAN RIGHTS ORIANANCE This Agreement is made and entered.-into this 2l-day of 2Q11,by an(l. betu cn.St, Joseph County;Indiana(the"County");andthe City of S uih(the:City)throug IM South Bend an RiHumghts Commission(the"Commission! WITNESSETH: WfffiREAS, The South Bend Human Rights Commission (the "Comniissipn") is ari agency of the City of South Bend(the City)and both the City and the-County of St. Joseph (the County) are political subdivisions organized and existing pursuant to the laws of the State of Indiana. Both the City and the County are enipowere4pursuanito Ind.Code.§36-1-7 to enter into This Interlocal Agreement and to coo.P ate in fui the anee of the point action described in this Agreement;-arid: STIlH 3Y4S, e County has previously etraeted ec-Thman Rights Ordinance (St. Joseph County Code,Title III, Chapter 37) which is effective in those pacts of St. Joseph County which are not part of the corporate'Binits of the City of South Bend; and WHEREAS, as pant of that Hdtft Rights Ordffi.ance,_the County desigh0d.the Indiana Civil Rights.Commission as the enforcinglody,butieserved the right to designate an:alteinative local agency at such a time as the alternative local agency wo1 e r[ eeM:and eligible to carry outthkVdMorccuient; and... WHEREAS, ente i lginta an inte local agreement with the guth Rend Human Rights Coininission would malrethe Commission"eligible"to carry out e orcemerit of the Human Rights Iafance for cla ngs under ft.-Human Rig_hts Of ance occurring outside the corporate: knits the City of-&ut-hBend and. 9HEREA , ,he CM trity desires to designate the South Bend Htnnan Rights. C e ssion,:as tialteinative local agency which is inexistence arLd it ade eligible bythis in local Agre as the enforcing body of he St. Joseph County Human Rights Ordinance; And WIMMMAS, th&Cammission is amenable to being designated as the-enforcing.body of ftAwo County ftmWRtghts-_Ordtnanee: NOW,THEREFORE,;tTie CMhtyAM the C6ftunissieap 4tots follows;t f Y kgongut interZibealAgre enxextt: TheT1111Pe of-flu,s zzf'is to desz Adffi•&ff&Human Rights Commission as the ontorcin .bod for claims under,they. , St.MWphVA-,W Human Rights Ordinance arising out of occu bhces locatedoU—0iA 4 BILL 18-17 corporate boundaries of City of South Bend, The City through the Commission will investigate and final€e recommendations for charges of diserim natign.within the scope of the County's Human-Rights ordinance in the same manner as if the charges had originated within the City's corporate limits or within the jurisdiction of fire City's Human Rights ordinance. In so doing,it will use its staff,office and other resources, i. 2. Compensation. The Corner fission will be`the enforcing body fox fhe St;Josepli County Human Rights Ordinance for no compensation during the initial short term of this. lite local Agreement,the parties recognizing that until services are actually provided for the County's benefit,the Coinmission.eannot determine what financial impact this Agreement-Will have-upon its resources, Both parties ac"owledge that the annual cost of a full tine investigator including benefits is about$52,000.00. F 3 Duration. This Agreement is intended to be of Mimi-dal short duration i-- blde fot-the parties to examine and assess the results and impact..Therefore.,this Agreement v¢ e ire after M-4y 1,2018. Upon or before:expirafion,the parties shall mutu determzrcq. r hetlaei to-i-d w for a similar or different terms or to renegotiate the terms of A—, ehi Lacs:pa Ly m$y also terminate this agreement with thizty(3 days'writ nn dit tie other' 4. Notice. Any notice required`tir peiitted by this Agerient sllliein writing and shall be deemed given when delivered peiso y or deposited m the U,S,mail;first class with postage prepaid, and addressed tutft p es lreWw, or such other addresg p 4party 3a ayrequest by nofif,ying the other in writing- To tho l y-`St. JosephGout fiy oard:6f.Commissioners 7`1 Floor,County City Butlt tg° 227 V' Jefferson Blvd. South Bend,IN 46601 Ark St: oseph:Couiityoticl County-Ci_ySuilding,Roo_ m 411 227 W.3effgrsoit Blvd. S outh Rwd,._IN 46601 T WN-Wiimmission. Seuth,& I Iuman'Rigl?i s `on s xi q,&Mies Ave. 15 a`ugi.Bencl,IN 4.6617 3 T 5.constitutes the entire agreement betweenThisAgrebmcntconsir the parties. No alterations,modifications, or additions to this Agreement shall be binding ixtqsa reduoed to.writing and signed by the parties. Amen The terms and-conditions of this Agreement may not be M ea r amended except by-an instra enf.-executcdbyqq4, QWpAieshereto; Nooffgwifto- flio.difib,ations shall be enforceable. Effective Date, This Ititerlocat Agreement is effective on tho,datQ stated in the first oatagraph of this Agreement: t Author E'66h part ni' -h-erefo states i 4t- authority to-bin--Y Sig 11g: 0 party f11eX ar-e-signmig'on behalf of this Agrqq I affirm under the penalties for perjury, that Ihave taken reasonable care to redact each Social Security number in this document, unless re uired by law IMF SS WHl:1tEpF;the foItowing agree to the tennis of the Agreement:- St.yosepil-6unty South Bend Human Rigi i KjaCOMmissibili Board of Commissioner.a. Gl Andrew Kostithiey,Presf9at 13xe goraliWig, D.IM,D, (i Pr.srdetlt St. Joseph County Council45 auras Member, Rafae N Pow is THo45°u 8 d FtAPR k's Office U p W 2018PEACE aZ x x 1865 KAREE101AH i OWLE_R CITY OF SOUTHBENDC11-YCLERK,SOUTH BEND,IN COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR April 18, 2018 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: Franklin Street Technology Park, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the construction of three office buildings,located at the intersection of Sample Street and Franklin Street, South Bend. The report contains the Department's findings relative to the above petition. The total cost for the construction is estimated at $3,000,000 over a four year period. The project meets the qualifications for an eight-year real property tax abatement and a representative from Franklin Street Technology Park, LLC will be available to meet with the Committee on Monday, April 23, 2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Sincer y, f Daniel uckenmeyer Director of Business Development and Economic Resources DANUELJ.BUCKEN.\IEYER AI.KEYNA ALDRIDGE PANIEI.A MEYER TIM CoRCORAN BUSINESS DEVELOPMENT ENCAGETIENT&ECONOMIC EMPOWERN'IENT NEICIiIIORIIOOD DEVEI.OI'\TENT PI.,V\NING&COMNfuNITY RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Blvd. South Bend,Indiana 46601 p574.235.9371 www.southbendin.gov BILL NO. 18-18 Filed in Clerk's Office APR 18 2019 X ABATEMENT REPORT 1C E CLERK,S H FOWLERTACITYC!E SOUTH EVJp, IN TO: SOUTH BEND COMMON COUNCIL FROM:DANIEL BUCKENMEYER SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Franklin Street Technology Park,LLC DATE: April 18,2018 On Thursday March 291, 2018, a petition from Franklin Street Technology Park, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at the intersection of Sample Street and Franklin Street, South Bend, IN 46601. Pursuant to Chapter 2,Article 6,Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition(a copy of which is attached), investigated the area,and makes the following report. PROJECT SUMMARY Construction of the approximately 60,000 sq. ft. three standalone buildings with flexible use space. The proposed construction will be located on the block bounded by Sample Street, Franklin Street, Garst Street and Lafayette Street adjacent to the main campus of Ignition Park. The new space will be leased out to various small companies for a variety of uses including light manufacturing and assembly, service contractors, distribution companies and technology maintenance and support companies. In the first phase a building approximately 30,000 sq.ft.will be built as speculative space in anticipation of tenant needs. An additional 30,000 sq.ft. will be designed and added as specific needs and tenants are identified.The space will allow various types of companies to start operations or to expand into larger spaces. This type pf space will complement the larger structures contemplated for Ignition Park. The project is expected to create approximately 60 indirect jobs in the next five years. 3,000,000 private investment in the buildings construction. Land purchase from the Redevelopment Commission for$84,000. Estimated taxes being paid during eight year abatement period—$137,488 Estimated taxes being abated during eight year abatement period—$438,512 BILL NO. 18-18 EMPLOYMENT IMPACT Per the petition,it is estimated that the total project will:EF Clerk's Office Create sixty(60)indirect jobs 18 2018 V4,i i B ABATEMENT QUALIFICATION SOUTH BEND,IN 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for an(8)eight-year real property tax abatement under section 2-84.2, Tangible Real Property Tax Abatement. a T11-0 0 0 o - Mo.- O O 0 10 O n 0 0 O O O N 7 M M n r N lY i n0000 o mom n d °o_o o n n o °o C= W U-E 000 'od' M Nm J 7 N eD m ili CV YQ 00 ZJ_ m o 0 o to o o Y O N m V N N r W c m v ici Q W ui i°n ml°o°o°OO m a°a °o°°o U C m y cooo in o m 0 o kkk060ammN N o vi n r N N O l O o 0 o of O A O° O m O O O o O o O O o°°m v°N m U N N co J NMO° o°o o° non coo ZW oon am w o N mmYmmo0om i o 8 al i o ncr v Q V coo Q m m N N m n m m N m n Q ^ R N r N n r N m m m LL 2 N lV U xQOoN l 0 0 0 o o coo O O O N l7 m N N m N800mmwmO ~ O y 0 0 O O ~N O O m M a 0 N n N N N N N m N VI m N m V o ° vg Ln n n nr v nvcoM N N H No o o al0000 0 coo aoc y 3 ml oo0onoo0 0 Q o W cc m o c C d o o c o o o o o o Q o od oo m c o z ' 0000c000 0 cc lo i d o } 7 o N r r E u, r r A r ti n r n i vI a O N N U C 1G m o aci°o°OO m °o ° coo° m 00000000 o m y o c uF i 0 0 o z•o ml o°o_°o_o°_°o o°o_°o_ ct ai O O O m N N N o o Midn n n nnnnnnnn n d Q N N N r m 2 d i L C i G x c O o coo c o o o o o o o o o o O C U F- o o6 y u YI N°vin corm ?w n EE d a o ocLZQvoroo 0 o m md d C w N° C dYtEoN o v d y 1 adi c.o l d o v j c ? o m_ E` c t m U m y 3 an d =v d X U d d N y N m y d mUm m a 3 d X x mt d m y m t0 an d O O N Q Q C yAz cL 2 mUDU W t N NRN 7 41 y icy 9 Co U m I i i BILL NO. 18-18 7c;id in Clerk's Office PROJECT OVERVIEW APR 18 2018 I i.• r; Llv'A i FOWLER OUTH BEND,IN Franklin Street Technology Park LLC proposes to construct approximately 60,000 sqft of flexible use -- space in three phases concluding in 2022. The proposed construction will be located on a block just south of the county jail bounded by Sample Street, Franklin Street,Garst Street and Lafayette Street adjacent to the main campus of Ignition Park. The intent is to lease the space to various small companies for a variety of uses including light manufacturing and assembly, service contractors, distribution companies and technology maintenance and support companies. Based on an estimate of one employee per 1,000 sqft of space, it is estimated that the project will support the employment of 60 people. The first phase, (approx. 30,000 sqft) will be built as speculative space in anticipation of tenant needs. An additional 30,000 sqft of space will be designed and added as specific needs and tenants are identified.The space, as constructed, will allow various types of companies to start operations or to expand into larger spaces.This type of space will complement the larger and higher-end structures contemplated for Ignition Park. I j I c 5 t 9 BILL NO. 18-18 BILL NO. 18- 18 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Intersection of Sample St. and Franklin St., South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN 8) EIGHT-YEAR REAL PROPERTY TAX ABATEMENT FOR Franklin Street Technology Park, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that portions of the property located at the intersection of Sample Street and Franklin Street, South Bend, Indiana which is more particularly described as follows: Parcel I: Lot Numbered One (1) as shown on the recorded Plat of Studebaker Corridor Fourth Minor Subdivision, recorded May 7, 1993 as Document Number 9315731 in the Office of the Recorder of St. Joseph County, Indiana. Parcel II: Lots Numbered Fifty-three (53) and Fifty-four (54) as shown on the recorded Plat of South Bend City, as platted by Samuel Morrison, now a part of the City of South Bend, in St. Joseph County, Indiana. Parcel III: Lots Numbered Fifty-five (55) and Fifty-six (56) as shown on the recorded Plat of South Bend City, as platted by Samuel Morrison, now a part of the City of South Bend, in St. Joseph County, Indiana. Parcel IV: Lots Numbered Fifty-seven (57), Fifty-eight(58), Fifty-nine (59), Sixty (60), Seventy-one (71), Seventy-two (72), Seventy-three (73) and Seventy-four (74) all as shown on the recorded Plat of South Bend City, platted by Samuel Morrison, now within and a part of the City of South Bend, Indiana. and which have Key Numbers 018-8002-0061, 018-8002-0070, 018-8002-0071, 018-8002-0073, 018-8002-0074, 018-8002-0075, 018-8002-0076, 018-8002-0077, 018-8002-0078, 018-8002- 0079, 018- 8002-0094, 018-8002- 0096, 018-8002-0097, 018-8002-0098, 018-8002-0099, 018- 8002-0100,018-8002-0101,018-8002-0102,and 018-8002-0104, and be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sue., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sue., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1. 1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and fords that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1. 1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to four (4) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(8) eight years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 100% Year 3 - 95% Year 4 - 90% Year 5 - 85% Year 6 - 80% Year 7— 75% Year 8 - 70% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5- 3-1 and Indiana Code § 6-1. 1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council City of South Bend o sou'rirg Q Petition for Incentives Petition must include a$250(ling fee payable to the City Clerk's Office or online via the City's website at 1855 http://southbendin.gov/government/content/tax-abatement before processing can be complete General Information Project Name 900Franklin Project Number Legal name as registered with Secretary of Franklin Street Technology Park LLC Buslnessstructure Indiana Limited Liability Company Company website 900Franklin Street.com Proposed Project Information Proposed project address 900 Franklin Street Parent company name Five Corners LLC City,state,Zip South Bend, IN 46601 Legal owner Site acreage or acreage required 4.5 acres Is the real estate owned or to be owned Square feet of facility 160,000 If leased by whom Primary Contact Information Primary company contact name Charles Hayes Title Managing Member Address of company contact 814 Marietta Street Phone 574-233-1296 City,State,Zip South Bend, IN 46601 Email cshayes@telecompark.com Senior Official Information Company senior official name Charles S Hayes rtle Managing Member Address of company contact(if different from Phone abovel City,State,Zip Email Consultant Information/Agent Hired business consultant/agent name Consultant release(Y/N) Address Local economic development partners a raval Y N City,State,Zip Email Project Overview Brief description of your company,project,and why the See Attached property is necessary for economic growth Filed in Clerk's Office MAR 2 9 2018 KAREEMAH FOWLER CITE CLERK,SOUTH BEND,IN Certified Technology Park appropriate Yes Is the project in a Tax Incremental Financing River West IF r whi h Certify that the Building Permit has not been Yes Number of residential units created by n/a If this is a petition for personal property tax abatement,has n/a the equipment been installed Investment Details Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? BILL NO. 18-18 New Proiect Investments Calendar Year 2016 2017 2018 2019 2020 2021 2022 2023 Land Acquisition 84,000 Building Lease Payments Building Purchase Costs New Building Construction 1,500,000 $750,000 S 750,000 Existing Building Improvements New Machinery& Equipment Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New Software On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL p 0 $84,000 0 $1,500,000 $750,000 $750,000 0 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative#of net NEW full time Hourly average wage, w/o Total training Total# to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial Administrative Who will e It e individual responsible for coordinating With WorkOne an recruitin ? Does your company have an EEO hiring policy? Are you an EEO employer? Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Partrime Black Hispanic Asian Indian Female Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Qualify Please complete the table below with the appropriate information. If ( yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Construction Related(contractor-. A. Employ Local Companies(75%) y 20 20 8. Purchase Materials from Local Companies(75%)y 20 20 C. Require Employees vs.Independent Contractors y 19 19 D. Require Prevailing Wage(Davis Bacon)y 22 22 E. lRequire Health Benefits y 22 22 F. Require Pension Benefits y 18 18 G. Maintain Affirmative Action Plan y 20 20 Sub-total Construction Related: 141 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels n 0 33 B- Provide Health Benefits n 0 34 C. Provide Pension Benefits n 0 29 D. Provide Training n 0 28 E. Provide Child Care n 0 15 F. I Provide Transportation Assistance n 0 14 G. Provide Employer Assisted Housing program n 0 9 Sub-total Wage&Benefit Related: 0 162 3 Workforce Related: A. Create New Jobs y 42 42 B. Retain Existing Jobs y 41 41 C. Maintain Affirmative Action Plan y 35 35 D. Provide Targeted Hiring Preference Y 34 34 Sub-total Workforce Related:152 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the 0A' zoo,conservatory,museum,etc.) n 84 Name of Facility Sub-total Municipal Facility:0 84 Sub-total from Above: 73 23 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1- 1,et seq.,and South Bend Municipal Lode Sec.2-76 et seq.,for this petition state the above. Submitted BV' Anne Hayes I Date: 03/28/2018 For Staff Use Only Below This Line What is the current assessed value? Real Property: Personal Property: What is the projected assessed value? Real Property: Personal Property: What is the tax key number for this project? What is the six digit NAICS code? Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One Year Two Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Y or NJ Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 3 36 I I Sub-total Project Related:120 6 Super Size Protects(point values are cumulative): A. 100%to 199% 25 B. 200%to 299%G8 68 C. 30091 to 399% 65 D. 400%and Over 52 L Sub-total Super Size Projects: a 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: p,9. 539 Total from Staff Section: p 461 Total Public Benefit Points: 1000 STATEMENT OF BENEFITS Filed in Clerk's Office 20_PAY 20_ REAL ESTATE IMPROVEMENTS State Form 51767(R6/10- 14) FORM SBA I Real Property Prescribed by the Department of Local Government Finan a MAR 2 9 2018 PRIVACY NOTICE This statement is being completed for real property that qualifies under th followi Indiana Code check one box): Any information concerning the cost p KAREEMAH FOWLER of the property and specific salaries Z Redevelopment or rehabilitation of real estate improvements IC 6-1.1- 2.1-4 paid to individual employees by the Residentially distressed area(IC 6-1.1-12.1-4.1) CITY CLERK,SOUTH BEND IN property owner is confidential per IC 6-1. 1-12.1-5.1. INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction.2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30) days after the assessment notice is mailed to the property owner if it was mailed afterApril 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-11Real Property. The Form CF-1/RealProperty should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. iC 6-1. 1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for eachdeductionallowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER.INFORMATION Name of taxpayer Franklin Street Technology Park LLC Address of taxpayer(numberand street,city,state,and ZIP code) 814 Marietta Street South Bend, IN 46601 Name of contact person Telephone number E-mail address Anne Hayes 574 ) 233-1296 ahayes@telecompark.corn Name of designating body Resolution number Location of property County DLGF taxing district number 900 Franklin Street St Joseph Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) SEE ATTACHED July 2018 Estimated completion date(month,day,year) July 2022 Cu 0. rent number Salaries Number retained Salaries Numberadditional Salaries 00 0.00 REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE 84,040.00 Current values Plus estimated values of proposed project s,000,000.00 Less values of any property being replaced Net estimated values upon completion of project 3,084,040.00 Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits SECT •CERTIFICATION I hereby certify that the representations in this statement are true Signature of authorized represen L Date signed( month,day,year) i 03/28/2018 ted name fauthorized represe Title Anne Hayes Member Page 1 of 2 I BILL NO. 18-18 FOR USE OF BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1. 1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 (*see below) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature and title of attester)Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1. 1-12.1-17. A. For residentially distressed areas where the Form SBA/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1. 1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1. 1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SBA/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SBA/Real Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. s I Page 2 of 2 CD N a C a 222 g - F c m o K r°m ° m u m S a v l .C., C= C aygain rD s a Id 3212 rcaa2 a n wm'ofw " cm Z L C II II El El I MI cc 3-'N'Q -111 o W 3 s J.,oLZ 99° 99' 99 99 LOZ L9L ZfOC-9L0 U Z LE cc n CE [E C of r 06 CL ££ C._[- ZL9 PZ60£-9L0 Ztl n Lif: CE C CL tE C£ Ct_ SZ J JL 99 Ot 99 99 tiC P*I6 1Nkl a U 99 99 99 99 OS Zt ZEL E 99 o a°qe 09Z1Z 3 a g o g o t; ti S 4 Ip s E L9Z C t£ cC Ct Cc Y6 Ls:unqmi oz St 0s1 v E - m E E 9E 9tt a 10 B9 ma - q C t s w ; E 6490 LZ099L0 BILL NO. 18-18 Franklin St& W Sample St- Google Maps Page 1 of 1 Goggle Maps Franklin St&W Sample St w ru United Beverages T.11 51 9 V 8 _ W IDu S, U-Pack P s Q St Joseph County Jail© 5. South Bend Police Center For the Homeless P N Department South Bend Police Station The Drop Comedy Club Q On Grace Church Franklln Street 8 One Sto P 1 8 West Sample Street W Sample St B W Sample St 6 W Sample St 6 Fix Q Midwest Sales d Services 9 s ac N K-5t N ply e m w c.,rst St w G.ra St S River Bend 0GoogleNotreDameHoseSpecialty Turbomachinery... South Bend y c refiNners fcu Map data©2018 Google 200 ft C1,e S O Franklin St & W Sample St South Bend,IN 46601 SG 1 httr)s://www.izoop-le.com/mans/place/Franklin+St+%26+W+Sample+St,+South+Bend.+IN... 4/12/2018 BILL NO. 18-18 O4 SpUTH.& Filed in Clerk's Office U d PEACP x x EAPR8 2018 1865 KAREEMAH FOWLER CITY OF SOUTHBENI[i'n'CLERK,souTH. w COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR April 18, 2018 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: Wharf Partners,LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the construction of a mixed use building, located at 320 East Colfax Avenue, South Bend. The report contains the Department's findings relative to the above petition. The total cost for the construction (Phase I) is estimated at $19,350,000 over a two year period. The project meets the qualifications for a six-year real property tax abatement and a representative from Wharf Partners, LLC will be available to meet with the Committee on Monday,April 23, 2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. A y, Bucke yer Director of Business Development and Economic Resources DANIEL.J.BUCKP.YNIE-Lit AL.KEYNA ALDRIDGE PAIMEIA MEYER TUI CORCORAN BUSIVESs DEVELOPMENT ENGAGEhfENT&PCO\OMIC EMPOR'ERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&CO-NIMUMTY RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Blvd. South Bend,Indiana 46601 p574.235.9371 www.southbendin.gov BILL NO. 18-19 Filed in Clerk's Office APR 18 2016 KAREEMAH FOWLER TAX ABATEMENT REPORT CITY CLERK,SOUTH BEND,IN TO: SOUTH BEND COMMON COUNCIL FROM:DANIEL BUCKENMEYER SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Wharf Partners,LLC(Phase 1) DATE: April 18,2018 On Monday April 16'x',2018,a petition from Wharf Partners,LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at 320 East Colfax Avenue, South Bend, IN 46617. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition(a copy of which is attached), investigated the area,and makes the following report. PROJECT SUMMARY Construction of the approximately 77,000 sq. ft. mix use building containing commercial and residential space. The proposed construction will be located on the riverfront land located within the Central Business District. The high quality mid-rise building will promote further confidence in the real estate investment community and spur additional investments,especially in the East Bank Village. The project is expected to create approximately 20 indirect jobs in the next three years. 19,350,000 private investment in the buildings construction. Estimated taxes being paid during the six year abatement period — $1,468,000 residential property) Estimated taxes being abated during the six year abatement period—$432,000 j BILL NO. 18-19 EMPLOYMENT E%IPACT Per the petition, it is estimated that the total project will: Create sixty(20)indirect jobs ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River East Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(6)six-year real property tax abatement under section 2-84.2,Tangible Real Property Tax Abatement. k s i s 1 i 3 t Filed in Clerk's Office APR 18 2018 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN R BILL NO. 18-19 C 0 000 000 LO CD z o y °o_°o_ m o °o N CV U v_v n LU J W N N m N ® h 00 u. 0 00 O O O o 000 000 cp 000 O 00 OOONIOOU') C C Q.d 00 00 O O CO 00 c0 O O r r a m V v V V' V 14,cD try Lo F- NNNNNN v lu N N N Q J E U N a) 00000 0 000 000 o I o o m C CVoooto00 U7 0 ov v ui-) N N co o A 0000 0 000 OOO m m. 000000 O L O O O LO O O ZF- a CL O O C N N Q v v°LO n r pp N N CO o cVlO O O O o O O O O O O x yl 0 0 0 0 0 0 O 0o ami o o LO C. 00 o°°o_°o °o_°o°o_ °o_ CO O O R N N Q N N N N N N N U O 00 r n Q Q v v LO v J 'c x NN J to co 3 L N } o 0 0 o 0 0 0 0 0 o 0 0 0 0 0 0 0 cc 0 0 0 Q O p o o o o m 0 o c m X O O o 0 0 0 0 L Z o o y C) C)0 0 0 Z m 000° °° 0 Y co a O O — } 00 O N N 6 F- N N N N N N N 00 LO n r o m nnnnrr Q a U m cn N N U a 0 C C x C Q a W m JZ —CL X NmQccmm Rf c o 5 co0o0 0 o O0o 3 , y o00o00 o m ` J 3 m o m o o m vv0 0 O m m xl o °°° °° ° x O O w E o o Lo rnmo C C Z 'o m o 0000° 0 2 mLO( N O O 0 00 04 N N F- N N N N N N N N . N p LO Mcor n r rrnnrr t CV: Vi U Q N N t U @ d a x 0 o 0 0 0 0 0 0 S'X o 0 0 0 o o 0 cCD m 3.6 N m l rm' OF U Q U) W o U E U y m> d y 0 col N c) ,:r to cD N y O N a o o N T O o G C NTy m c m o ° o c m YmE o x t - ci o y 7 N m NFUWU) mm y 0 N d T N C D N O-O 3 O N m Co_ m m m E Emi> m Uy A m ' 410) 0 X X X U Y m m U N y m m N m n m U Y O m N - cC y 'ca y m N m> m C m U m y muimmuic; X m ... CO:t-- m m N N EQ a c mF N cn d N `0 0 X 7 m N m m mUCQ mz a m F 2z mUOCU E Q E wcQ if m cni om L3 t Um-i Q C5-i U BILL NO. 18-19 BILL NO. 18- 19 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 320 East Colfax Avenue, South Bend, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR COMMERCIAL PROPERTY LOCATED AT Wharf Partners, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that portions of the property located at 320 East Colfax Avenue, South Bend, Indiana which is more particularly described as follows: Lots 1, 2 and 3 of the Cascade Minor Subdivision recorded on April 12, 2018 as Document No. 1808428 in the office of the Recorder of St. Joseph County, Indiana and which has Key Number(TBD), and be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sec., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1. 1-12.1, et sM., and South Bend Municipal Code Sections 2-76, et sm., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1. 1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(6)six years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 100% Year 5 - 100% Year 6 - 100% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Filed in Clerk's Office APR 18 2018 KAREEMRH rrj WLER CITY CLERK, SOUTH FWNln IN jam, .%I jj°i?JJ'{{°]]t,ff'' '' j'( tI p(}QQ a ]gj7 F G'f'J i>'i C'.,Office Lj e(tl`.hion Sb1 iSll 6iV idyes 1 . rs petition m us include a$250 filing fee payable to the City Clerk's Office or online via the City's tvebsite of e http://Southbendin.gov/government/content/tox-abatement before processing can be complete 1 018 General Infoa roation Project Name FrojaGt PVumber Legal name as registered with Secretary of Wharf Partners LLC I hAREEMr-tl K v`{./LER Business structure Sir ! .Fr..::.i'Si ,t tl t "'i BEND,11MLimitedLiabilityCompanyr._. .v_• _-a.F.. v Company website atthecascade.com Proposed Project Information Proposed project address 320 East Colfax Avenue Parent company name NIA City,State,Zip South Bend,IN 46617 Legal owner Wharf Partners LLC Site acreage or acreage required one-half acre Is the real estate owned or owned Square feet of facility 77,000 sq ft If leased by whom Primary Contact Information Primary companyeontactname IFrani<Perri rifle Managing Member Address of company contact P O Box 148 Phone 574 532 5646 City,state,Zip South Bend,IN 46624 Email fperri @earthdesignsred.com Senior Official Information Company senior official name Frank Perri Title Managing Member Address of company contact(if different from Phone above) Ci;,State,Zip Email Consultant information/Agent Mired business consultant/agent name Consultant release(Y/N) Address Local economic development partners approval(Y/ N) City,Stata,Zip Email Project Overview Brief description of your company,project,and why the Wharf Partners LLC was formed in 2011 as a single asset entity,in order to develop the last Property is necessary far remaining vacant parcel of riverfront land located within the Central Business District in the City economic growth of South Bend.The development is a mired use project containing residential and commercial uses,constructed in 2-3 phases and totals an investment in excess of$43,000,000. The high quality mid rise buildings planned for this key site,will sow confidence in the real estate investment community and spur additional investments, especially in the East Bank Village neighborhood,which primarily consists of lower density,lower quality structures. This development will also help validate the current public investment strategy being made by the City of South Bend and the State of Indiana in creating quality of place projects.These public and private investments provide a platform for growth,resulting in new opportunities for both residents and the business community. Certified Technology Park appropriate No Is the project In a Tax Incremental Financing T I o w Yes, River East Certify that the Building Permit has not been Number of residential units seated by 5-20 1st phase/ 60-SO(ail phases) Issue oro e If this Is a petition for personal property tax abatement,has N/Atheequipmentluipmentbeeninlied tnvestrr nt Detalis Public Infrastructure needs(Off- Nas any 504 funding been What Is the value of any equipment being purchased in What is the value of any equipmentbeing site of project in dollars) received? Indiana for the project? purchased from out of state for the project? None No BILL NO. 18-19 New Project investments Calendar Year 2016 2017 s 20115 2019 2020 a 2021 2022 2023 Land Acquisition 1,050,000 Building Lease Payments Building Purchase Costs New Building Construction 7,300,000 $10,000,000 $1,000,000 Eidsting Building Improvements New Machinery&Equipment Special Tooling/ Retooling New Furniture/Fintures New Conputer/IT Hardware New Software On-site Rail Infrastructure On-site Fiber Infrastructure JTOTAL0F0 Ft301-1 iiTJe Permanent Indiana-Resident Positions by Calendar Year Calendar Yc or Jobs retained Total hourly Cumulative It of net NRU full time Hourly average wage,w/o Total training Total it to be wage w/o permanentjobs created atproject benefits or bonuses,of expenditure- trained-not fringe or cumulative netnevjobs not cumulative bonuses cumulative 2016 2017 2018 1 35 2019 2 14 2020 20 14 2021 2022 2023 2024 2025 2026 2027 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial Administrative o wd a t,e n w ual eespons ti e orcoor natmg with WorItOne on recruitin ? Does your company have an EEO hiring pollcy? Are you an EEO employer? Please list the number of full time and part time minority and/or female employees for each of Please describe yourcommitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the lost Year three years as well as current policies. Full lime Part Time Fan Time Part lime FUII Time Pa rt Time Black Hispanic Asian Indian Female other C Com pleie belovu for Real or Per_Ijqai Pmpariy Tox AbatenneM only. Please sion for:.ill Fecluested inventives. Pubft SeneNt Kem: Information is required on both the construction companies and the companies which will provide materials purchased foe this project. Qualify Please complete the table below with the appropriate information. if ( Yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. Construction Related(ConjLactorsL, A. Employ Local Companies(759.) yes 20 20 B. Purchase Materials from Local Companies(75%) yes 20 20 C. Require Employees vs.Independent Contractors yes 19 19 D. Require Prevailing Wage(Davis Bacon) no 22 E. Require Health Benefits no 22 F. Require Pension Benefits no 18 G. IMaintain Affirmative Action Plan yes 20 20 ISub-total Construction Related! 79 141 2 Wage&Benefit Related LOwnerj- A. Pay Target Wage Levels yes 33 33 B. Provide Health Benefits yes 34 34 C. Provide Pension Benefits no 29 D. Provide Training yes 28 28 E. Provide Child Care no 15 F. Provide Transportation Assistance no 14 G. IProvide Employer Assisted Housing program no 9 Sub-total Wage&Benefit Related: 95 162 3 Workforce Related., A. Create New Jobs yes 42 42 B. Retain Existing Jobs yes 41 41 C. Maintain Affirmative Action Plan- yes 35 35 D. Fro ide Targeted Hiring Preference no 34 Sub-total Workforce Related: 118 152 4 support a Municipal Facility. Support a SB Municipal Facility(donations to the A' zoo, ry yes 84 94Izoo,conservatory,museum,etc.) Name of Facility Parks&Venues J Municipal Facility: 84 84 Sub-total from Above: 376 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et sea.,and South Bend Municipal Code See.2-76 gLgg,for this petition state the above. By: Frank Perri Date: R011 12,2018 For Staff Use Only Below This Lire What is the current assessed value? Real Property: Personal Property: What is the projected assessed value? Real Property: Personal Property: What is the tax[ley number for this project? What Is the six digit NAILS code? Please attach a Gcogle map and street view of the location. Please IM tho amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One I Year Two Year Three 3 Year Four Year Five Please fill out the folloeoing Public Benefit Summary Information and add to total from above. Y orm Points Points Public Benefit Item: jProject Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 ISub-totall Project Related: 120 6 Super Size Proiects(point values are cumulative): A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Sub-total Super Size Projects:V 210 7 Pay for Municipal infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-totallnfrastructure Related: 131 Total from Applicant Section: S39 Total from staff section:6 461 Total Public Benefit Points: 1000 2TA,TEMENT0F LF 9L i 0T o 8Statef-orm51767(R6 110-14) i F Q2_U0 I d -8 P.aRven t©P1r©t slgr—Prescribed by the oepartment of i_ocai Govenm e ¢ PR 1 O i p r PRIVACY NO1tCE-This statement is being completed for real property thaiqualir"tes udder the folydwfffj--l aRgypj(FffCjt one hon): Any informaUen concerning the costRedevelopmentorrehabilitationofrealestateimprovements(IC 6-7.'I- 21` of the propert and specific salaries esidentialiy distressed area(IC 6-1.1-12.1-4.1)f (F t` K.SOU i ti BEND,IN # paid to Indieity ) nridenli2lparnnr oes Uy the r INSTRUCTIONS: C roper! e-1. 1y- 1otvnerisco2.1-5.1. 1. This statement roust be submitted to the body designating the Economic Revitalization Area prlorto the public hearing if the designating body ii-quirasinformationfromtheapplicantinmaltingitsdecisionaboutwhetherto designate an Economic RevitalizationArea. Otherwise,this statement must besubmittednothedesignatingbodyBEFOREtheredevelopmentorrehabilitationofrealpiopedyforwhich the person wishes to claim a deduction,2. The statement of benants form must be submitted to the designating body and the area designated an economic revitalization area before the initiation oftheredevelopmentorrehabilitationforwhich the person desires to claim a deduction. 3. To obtain a deduction,a Form 3221REmustbe flfad with the County Auditor before May 10 in the yearnn which the addition to assessed valuation is m ado or not later than thirty(30)days ah`er•the assessment notice Is mailed to the propedy ownel-r it was mailed aftei'Apr,'110. A property owner whoFelledtofireadeduction application,within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year.4, A properiy owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1lReal Property. The Farm CF 1lRealProperty should he attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable.IC G-1.1-12.1-5.1(b) 5. Por-a Farm SB-1lReal Property that is approved after June 30, 2013, the designating body is required fo establish an abatement schedule for eachdeductionallowed. For a Po rm SB-1lReal Property that is approved prior to July 1, 2073, the abatement schedule approved by the designating bodyremainsineff„ct. IC 6-1.1-12.147 l^ tCiri n Namo of payer INFORMATION i-LNA-I xw-5 G L E l hddressOftaxpayer(numberendsUeet,city,state,and' Pcodo) L i /' tN rayJ hiUE S66 4-h R,D , —tA 186 15 Nameofcontactper pn TeIpphope number E- ailaddress Cti[llfloji r l [^t;" L Jlgtetf C'-ilQ 1 !'P: trCoU-Ea'•i l-CilLCr,.ln11d ..lgnating Lou/y Resolution number 0/l iny J GIL/UGI, f (il G? L'TV t `:^AP i 1 R Location of property County, DLGF taxing district number SpS P I Ozl - i' Igor i46f W Description of real property improvements,redevelopment,orrohpbilitatlon(use addilionaisheers it necessaq) Estirnaled start dale( month, day,year] v 'AILA 6, I p210 r Estlmele ccm letlon data month,da7tP Y year) IU"a 4 t,v jtctBL J 1 s r- Curi•antnuntberj Szlarles Numbnrrtained ISzlariss Num6eraddFUone1 SalariesI Xyt 4VL ClCi. of --- L' l lhri(1n7o`lro,ld_1L+_.05 Jai"4 o V r° a PkW6• e ..• I REAL ESTATE IMPROVEMENTS COST ASSESSEi? VALUE Currentvalues o C?JC {'N ew Plus estimated values of proposed project Less values of any property being replaced Nat estimated values upon completlon of project tj 0 Estimated solid waste converted(pounds)7 Estimated hazardous vvaste converted(pounds) 1v Outer benefits S7 c.lrinot lie: TAXPAYER-CERTI • i hereby certify at the represe 'ons in this statement are true. Sianalure of auf Z d r ?entaflve I Date signed(m nth,day, ear} Frinl° erne of authorized rep esentative TitleOSLRJL MrL JW3 lt—rt_ Page 1 of 2 BILL NO. 18-19 p i O llL :lrli .IDCu C%.t C e 0 D P;. a We find limt the applicant meets the general Standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1. 1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years`(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area Is limited to: 1.Redevelopment or rehabilitation of real estate Improvements )as No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions( specify) E Number of years allowed: Year 1 Year 2 Year 3 fear 4 Year 5 (*see below) El Year G Year 7 Years n Year 9 Year 10 R For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1. 1-12.1=177 l Yes F1 No If yes,attach a copy of the abatement schedule to this form, if no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above, Approved(signature and title of aulhorized member of designating body) Telephone number Date signed(month, day,year) Printed name of authorized mernber of designating body Name of designating body Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area Is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entilled to receive a deduction to a number of years that Is less than the number of years designated under IC 6-1. 1-12.1-17. A. For residentially distressed areas where the Form 58-1/Real Property was approved prior to July 1,2013,the deductions established In IC 6-1. 1-1 2.1-4.1 remain in effect.The deduction period may not exceed five(5)year. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body Is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1. 1=12.1-17 below.) B. For the redevelopment or rehabilitatlon of real properly where the Form SB-1/Real Prope q& was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1iReal Property that is approved after June 30,2013, the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1. 1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the foilovdng factors: 1) The total amount of the taxpayer's Investment in real and personal property. 2) The number of new full-time equivalent Jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The Infrastructure requirements for the taxpayer's investment. b) This subsection.applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the'taxpayers statement of benefits. Had in 011orkS OffiCe t APR 18 713W HDIAALEPI Page 2 of 2 s701 s i v 1!tic0, 320 east colfax, south bend-Bing Page 1 of 1 Lj bing maps Notes 933 Hawxdst F< C aauillard y Park PARK AVENUE y RTHFAST SOUTH BEND z v Cedar$1 t,nr.' M y zle south Bend <+ z E to Salle Ave E Colfax Ave ! W US-20-Br i E Jefferson Blvd C, W Western Ave h J Filed in Clerk's Office ot•.IS,. 3 f°Ci %.v+ESamhSt APR 8 2018 EDGEV/4TEF A V i' S 4. In Ono W Sample 5t zI E Sample St 4KABEEMAHFOWLER 1 CITY CLERK,.SOUTH BEND,IN V bing Elder Si 9 1.immloh Carparas or B 2J19 ME-RE Carmela's ar it Marn's p re Fire Arts V Polais;fro Circa Am tayale - E Colfax Ave o - E Colfax Ave Gallery Z tp Inspire Me Joseph Ri v<•+ a Purple Porch Co-op z nDoubleireeby . Q Hilton Hotel Sou... 2 zYiCafeNavarre E Washington St z E Washington St f N South Bend c Museum o/Art East Bank St Joseph River Emporium Derue Ct Century ff v Center 2 t'-, m it T_! % r st Joseph y County solid Waste Chicory Cole a s The View Z iimmyJohn's Dill BiVd C rn South Bend Community School Co.. C.Hoe:ard Pod: aJ O J E Wayne St L7 V Bing eswBttEfae https://www.bing.com/search?q=320+east+colfax,+south+bend&src=IE-TopResult&FOR... 4/18/2018 BILL NO. 18-19 j C= CIQ dOD V 1;E5 s 3Nn#/v D COLFAX AVENUE (82.5' R/W) J Ljo.w, N 89'47'03' EE( M)14839 V N W!WW' (R)+48,59' N W5000, W.W 201.32' w:MAW 33 W I cl) 5. h d R—TWE C14 s L_j 115 t fgaZcl JL D I I ,,1 O Z E. IL T'PItzi0s E 7W 4, U,C) V 4:' cl; N L901K.'0N 7C0 4-5%cn Vl 4U HE e. m cn_j ->= W 2MIW CZujC.)C) 0 t X_ Cy w c) m(8 1 3--Lu LU g L is Rj q om q% lb, s-ant,hisaI j-R MEE 2 66s ° EE SiM Te6.OR 1., a BILL NO. 18-19 i Iwq•a+nw.w.em.pvi p pp k Cat nQ i m I z 0 o rg S ee` g 00 o WIN CL Ph W n O NIP!a GGtt 1 o Zd N g-Nail \ zag m ? gygy ds°€8s ag xRdv i O ZZ h V Z Q K Pq Cq D. Z t=n o b gW W d8 a rN w w w Si d_ a Qa§ W 6 o o WO z o R o CL w 5 s= s ' MNU eab g am spitao F n tai o € = fee s l gem a e3 t; s M2 a zwwx m C U a: Z W O 0 _ Y ( cl j Ia m O U UJc Q u