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HomeMy WebLinkAbout01-09-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JANUARY 9, 2012 7 : 00 P.M. 1 . INVOCATION 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 85-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT STREET 81-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5, 700, 000. 00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION 83-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $130, 000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FORM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 84-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (4439) 8 . BILLS, THIRD READING TIME: BILL NO. 85-11 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT STREET 81-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5, 700, 000. 00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION 83-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $130, 000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FORM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 84-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) 9. RESOLUTIONS BILL NO. 12-01 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 1400 WEST RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 10 . BILLS, FIRST READING BILL NO. 01-12 FIRST READING OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10119-11 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS WITHIN DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2012 11 . UNFINISHED BUSINESS A. REPORTS FROM THE AREA PLAN COMMISSION 1 . BILL NO. 67-11 - REZONING - 4901 GREENLEAF LANE- PETITIONER HAS ASKED THIS BILL BE WITHDRAWN 2 . BILL NO. 71-11 - REZONING - 3321 MISHAWAKA AVE. 3 . BILL NO. 72-11 - REZONING - PROPERTY IN THE TRIANGLE NEIGHBORHOOD - GEORGIANA/NAPOLEON/SOUTH BEND AVE. 1*14 nc , i-iarner '& Associates, Inc. MICHAEL J.HA{t L,A, Role Land Surveyors ■ Professional Engineers NER, P.S.P.S. Landscape Architects . Land Planners Honorable Members of the City of November 30, 2011 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for several Alleys, portions of Alleys and Portions of Duey Street, Burns Street, Georgiana Street and St. Vincent Street that are within the proposed Triangle PUD Planned Unit Development project area; Dear Council Members: Our clients, City of South Bend, South Bend Heritage Foundation, South Bend Redevelopment, Wayne Curry, Jr. , Five Corners LLC, Samuel & Betty Kariuki, the Northeast Neighborhood Revitalization Organization and the University of Notre Dame, are requesting the approval of the Vacation for several Alleys, portions of Alleys and portions of Duey Street, Burns Street, Georgiana Street and St. Vincent Street that are within the proposed Triangle PUD Planned Unit Development project area. The reason for this request is to allow for future development of single-family home sites within the proposed Planned Unit Development. A Rezoning Petition and Major Subdivision have been submitted to the City for approval, which will create the development guidelines and the new subdivision for the project area. The Petitioners believe that vacating the above-mentioned Public right-of-ways will not have a detrimental effect on the adjacent properties located within this new Planned Unit Development, as it will allow for the construction of approximately 53 homes. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danah President Danch, Harner & Associates, Inc. File #080235 1643 Commerce Drive ■ South Bend, IN 46628 208 West Mars . Berrien Springs, M149103 Office 5741234-4003 a 8001594-4003 a Fax 5741234-4919 nK­ 9901A71.Min . t.,. Wn,,r71_7917 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: The first street to be vacated is a portion of Georgiana Street from the first East/West alley North of South Bend Avenue ( SR 23) for a distance of 192 feet and a width of 50 feet. The second street to be vacated is a portion of Burns Street from the North right of way line of South Bend Avenue for a distance of 246 feet and a width of 50 feet. The third street to be vacated is a portion of Duey Street from the North right of way line of South Bend Avenue for a distance of 417 feet and a width of 50 feet. The forth and final street to be vacated is a portion of St. Vincent Street from the East right of way line of Burns Street to the West right of way line of Duey Street for a distance of 248 feet and a width of 50 feet. Georgiana Street, Burns Street, St. Vincent Street and the West half of Duey Street are all a part of Hartman and Miller's Addition, Portage Township, City of South Bend, St Joseph County, Indiana. The East half of Duey Street is a part of Hartman and Woodsworth's Mat, Portage Township, City of South Bend, St Joseph County, Indiana. The first alley to be vacated is the first East/West alley North of South Bend Avenue (SR 23) from Georgiana Street West to the East right Of way of the first North/South alley West of Georgiana Street for a distance of 118 feet and a width of 12 feet. The second alley to be vacated is the first East/West alley North of South Bend Avenue from Burns Street West a distance of 130 feet to the first North/South alley West of said Burns Street and a width of 10 feet. The third alley to be vacated is the first North/South alley West of Burns Street from the first East/West alley North of South Bend Avenue a distance of 54 feet and a width of 12 feet. The fourth alley to be vacated is the first North/South alley East of Burns Street from the North right of way line of South Bend Avenue North to the South right of way of St Vincent Street for a distance of 266 feet and a width of 12 feet. The fifth alley to be vacated is the first East/West alley North of South, Bend Avenue from Duey Street to the first North/South alley West of Duey Street for a distance of lie feet and a width of 12 feet. The sixth alley to be vacated is the first North/South alley West of Duey Street from St Vincent Street North for a distance of 220 feet and a width of 12 feet. The seventh alley to be vacated is the first East/West alley North of South Bend Avenue from Duey Street East to the first North/South alley East of Duey Street for a distance of 118 feet and a _width of 12 feet. The eighth and final alley to be vacated is the first North/South alley East of Duey Street from the North right of way Line of South Bend Avenue North 202 feet to the first East/West alley North of South Bend Avenue and a width of 12 feet. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, alas, water, sewer, surface water control structures and ditches, within the vacated right- of--way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Numbers: 018-5099-3519 018-5099-3550 018-5099-3505 018-5099-3496 018-5099-3518 018-5100-3547 018-5099-3510 018-5100-3536 018-5099-3517 018-5097-3447 018-5099-3512 018-5100-3539 018-5099-3508 018-5097-3446 018-5099-3505 018--5099--3596 018-5099--3509 018-5097-3445 018-5099-3510 018-5099-3510.01 018--5099-3506 018-5099-3497 018-5099-3514 018-5100-3544 018-5099-3504 018-5099-3493 018-5100-3541 018-5100-3538 018-5099-3502 018-5099-3489 018-5100-3535 018-5100-3542 018-5099-3523 018-5099-3500 018-5100-3545 018-5100-3548 018-5099-3523 018-5099-3487 018-5100-3551 018-5099-3578 018-5099-3524 018-5099-3549 018-5099-3488 018-5097-3448 016-5098--3472 018-5097-3449 018-5097-3449 018-5097-3451 018-5098-3474 018--5097-3452 018-5097-3435 018-5097-3433 018-5098-3476 018-5097-3431 018-5098-3469 018-5098-3471 018-5099-3507 018-5098-3473 018-5098-3475 018-5098-3477.01 018-5099-3518 018-5098-3467 018-5098-3481 018-5098-3482 018-5099-3517 018-5098-3483 018-5101-3565 018-5101-3568 018-5099-3508 018-5101-3571 018-5101-3574 018-5101-3577 018-5099-3509 018-5098-3456 018-5098-3458 018-5098-3460 018-5098-3462 018-5098-3464 018-5098-3466 018-5098-3468 018-5098-3470 018-5101-3566 018-5101-3569 018-5101-3572 018-5101-3575 OIB-5099-3491 018-5099-3495 018-5099-3498 018-5099--3503.01 018-5099-3520 018-5099-3521 018-5099-3492 018-5100-3546 018-5100-3543 018-5100-3540 018-5100-3537 018-5100-3547 018-5100-3544 018-5100-3541 018-5100-3538 018-5100-3535 018-5100-3532 018-5100-3529 018-5100-3526 018-5100-3527 018-5100-3530 018-5100-3533 018-5097-3422 018-5097-3428 018-5097-3423 018-5098-3484 018-5098-3485 018-5098-3486 018-5094-3315 018-5094-3316 018-5094-3317 018-5094-3318 018-5094-3319 018-5094-3326 018-5095-3331 018-5095-3332 018-5095-3333 018-5095-3334 018-5095-3335 018-5095-3336 018-5095--3337 018-5095-3340 018-5095-3339 018-5095-3338 018-5095-3344 018-5095-3345 018-5095--3346 018-5095-3347 018-5095-3348 018-5095-3349 018-5095-3350 018-5095-3351 018-5095-3352 018-5099-3511 018-5097-3425 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of the single-family homes within a new residential Planned Unit Development project. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coun,6il Attest: opF4�aER.a City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011 at • _. o clock M. City Clerk Approved and signed by me on the day of 2011, at o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA REAMNG PUBLIC FEARING 3 rd READING , NOT APPROVED kEFERREQ PETITION TO VACATE PUBLIC ALLEYS AND STREET RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: December 2, 2011 OF THE CITY OF SOUTH BEND, INDIANA I (WE) , THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: AREA-# I. THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THE PORTION OF GEORGIANNA STREET 192 FT.$ IN LENGTH, BEGINNING 123 FT.± NORTH OF THE INTERSECTION OF SOUTH BEND AVENUE (AKA S.R. 23) . ALSO THAT PORTION OF THE SECOND EAST-WEST 12 FT. WIDE ALLEY, 118 FT.t IN LENGTH, BEGINNING 192 FT.* NORTH OF THE NORTH RIGHT-OF-WAY OF SOUTH BEND AVENUE (AKA S.R. 23) , SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AREA # 2: THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THE PORTION OF BURNS STREET 276 FT.# IN LENGTH, BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE (AKA S.R. 23) . ALSO TO BE VACATED, IS THE FIRST EAST- WEST 10 FT. WIDE ALLEY, NORTH OF SAID SOUTH BEND AVENUE, EXTENDING FROM THE WEST RIGHT-OF-WAY LINE OF BURNS STREET TO A 12 FT, WIDE, NORTH- SOUTH ALLEY. SAID 12 FT. WIDE NORTH-SOUTH ALLEY IS TO BE VACATED FROM THE SOUTH LINE EXTENDED OF SAID EAST- WEST 10 FT. WIDE ALLEY, 66 FT.± NORTH, ALL SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AREA # 3- THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THAT PORTION OF THE FIRST EAST-WEST 12 FT. WIDE ALLEY, WEST OF DUEY STREET AND NORTH OF SOUTH BEND AVENUE, RUNNING WEST 116 FT.± TO THE INTERSECTION WITH THE FIRST NORTH-SOUTH 12 FT. WIDE ALLEY. SAID 12 FT. WIDE NORTH-SOUTH ALLEY TO BE VACATED FROM THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF ST. VINCENT STREET 266 FT.±. ALL SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AREA # 4: THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THAT PORTION OF DUEY STREET 417 FT.± IN LENGTH, BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE (AKA S.R. 23) . ALSO TO BE VACATED IS THAT PORTION OF ST. VINCENT STREET BETWEEN THE WEST RIGHT-OF-WAY OF DUEY STREET AND THE EAST RIGHT-OF-WAY OF BURNS STREET. ALSO THAT PORTION OF THE FIRST NORTH-SOUTH ALLEY WEST OF DUEY STREET AND NORTH OF ST. VINCENT STREET -NORTH 220 FT.±, IN HARTMAN AND WOODSWORTH'S FLAT & HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AREA # 5: THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THAT PORTION OF THE FIRST EAST-WEST 12 FT. WIDE ALLEY EAST OF DUEY STREET AND NORTH OF SOUTH BEND AVENUE RUNNING EAST 118 FT.± TO THE INTERSECTION WITH THE FIRST 12 FT. WIDE NORTH- SOUTH ALLEY. SAID NORTH-SOUTH ALLEY TO BE VACATED FROM THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE NORTH A DISTANCE OF 202 FT.±. ALL SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AREA # 6: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS: THAT PORTION OF ST. VINCENT STREET BETWEEN THE WEST RIGHT-OF-WAY OF BURNS STREET AND THE EAST RIGHT-OF-WAY OF GEORGIANA STREET, APPROX. 248 FT.±. SITUATED IN THE HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. NAME (si2ned & rinted) & ADDRESS Lot Description Tax Kev Number City of South Bend Redevelopment Lot 51 Hartman & Miller's Plat 018-5099-3519 227 W. Jefferson Blvd. Lot 54 Hartman & Miller's Plat 018-5099-3518 Suite 1200 Lot 55 Hartman & Miller's Plat 018-5099-3517 Sout Bend, Indiana 46601 Pt. Lot 89 Hartman & Miller's Plat 018-5099-3508 ) .)(:� Pt. Lot 89 Hartman & Miller's Plat 018-5099-3509 Lot 88 Hartman & Miller's Plat 018-5099-3506 Lot 87 Hartman & Miller's Plat 018^-5099-3504 } 4 Lot 86 Hartman & Miller's Plat 018-5099-3502 For Lot 90 Hartman & Miller's Plat 018-5099-3523 City o South Bend Lot 91 Hartman & Miller's Plat 018-5099-3523 Redevelopment Lot 82 Hartman & Miller's Plat 018-5099-3524 University of Notre Dame Dulac Lot 43 Hartman & Miller's Plat 018-5098-3472 910 Planner Hall Lot 44 Hartman & Miller's Plat 018-5098-3474 Notre tame, Indiana 46556 Lot 45 Hartman & Miller's Plat 018-5098.3476 For University of Notre Dame Dulac City Of South Bend Lot 56 Hartman & Miller's Plat 018-5099-3507 Board of Public Works 227 W. Jefferson Blvd. Lot 54 Hartman & Miller's Plat 018-5099-3518 Suite 1300 Lot 55 Hartman & Miller's Plat 018-5099-3517 Sou Bend, Indiana 46601 Pt. Lot 89 Hartman & Miller's Plat 018-5099-3508 Pt. Lot 89 Hartman & Miller's Plat 018-5099-3509 Lot 100 Hartman & Miller's Plat 018-5099-3550 Lot 101 Hartman & Miller's Plat 018-5099-3547 Lot 4 Hartman & Woodworth's Plat 018-5097-3447 Lot 5 Hartman & Woodworth's Plat 018-5097-3446 For City of South Bend Lot 6 Hartman & Woodworth's Plat 018-5097-3445 Samuel & Betty Kariuki Lot 97 Hartman & Miller's Plat 018-5099-3497 1056 Burns Street Lot 98 Hartman & Miller's Plat 018-5099-3493 South Bend, Indiana 46616 Lot 99 Hartman & Miller's Plat 018-5099-3489 Samuel Kariuki Betty Kariuki Wayne Curry, Jr. Lot 96 Hartman & Miller's Plat 018-5099-3500 1056 Burns Street South Bend, Indiana 46616 Wayne Curry, Jr. South Bend Heritage Foundation Lot 57 Hartman & Miller's Plat 018-5Q99-35Q5 803 Lincolnway West Lot 84 Hartman & Miller's Plat 018-5099-3496 South Head, Indiana 46616 Lot 93 Hartman & Miller's Plat 018-5099-3510 Lot 112 Hartman & Miller's Plat 018-5100-3536 For SHHF Five Corners LLC Lot 95 Hartman & Miller's Plat fl1$-5099-3512 814 Marietta Street Lot 113 Hartman & Mi.11er's Plat 018-5100-3539 South Bend, Indiana 46601 Veit `i49q,trnq�� �{�G�''S X98-5100-3519 For Five Corners LLC Northeast Neighborhood Lot 57 Hartman & Miller's Plat 018-5099-3505 Revitalization Organization Lot 84 Hartman & Mi.11er's Plat 018-5099-3596 803 Lincolnway West Pt. Lot 93 Hartman & Miller's Plat 018-5099-3510 South Bend, Indiana 46616 Pt. Lot 93 Hartman & Miller's Plat 018-5099-3510.01 Lot 118 Hartman & Miller's Plat 018-5099-3514 Lot 119 Hartman & Miller's Plat 018-5099-3514 _-- Lot 120 Hartman & Miller's Plat 018-5099-3514 ��.I L L/ Lot 121 Hartman & Miller's Plat 018-5099-3514 Lot 122 Hartman & Miller's Plat 018-5099-3514 For NNRO Lot 102 Hartman & Miller's Plat 018-5100-3544 Lot 103 Hartman & Miller's Plat 018-5100-3541 Lot 104 Hartman & Miller's Plat 018-5100-3538 Lot 105 Hartman & Miller's Plat 018 5100-3535 Lot 114 Hartman & Miller's Plat 018-5100-3542 Lot 115 Hartman & Miller's Plat 018-5100-3545 Lot 116 Hartman & Miller's Plat 018-5100-3548 Lot 117 Hartman & Miller's Plat 018-5100-3551 Lot 63 Hartman & Miller's Plat 018-5099--3487 Lot 64 Hartman & Miller's Plat 018-5099-3578 Lot 81 Hartman & Miller's Plat 018-5099-3549 Lot 82 Hartman & Miller's Plat 018-5099-3468 Lot 1 Hartman & Woodworth's Plat 018-5097-3448 Lot 2 Hartman & Woodworth's Plat 018-5097-3449 Lot 3 Hartman & Woodworth's Plat 018-5097--3449 Pt. Lot 19 Hartman & Woodworth's Plat 018-5097-3451 Pt. Lot 19 Hartman & Woodworth's Plat 018-5097-3452 Lot 7 Hartman & Woodworth's Plat 018-5097-3435 Lot 8 Hartman & Woodworth's Plat 018-5097-3433 Lot 9 Hartman & Woodworth's Plat 018-5097-3431 Nam�n �L�a(��-'� Flat CONTACT PARSON: Michael J. Danch 9 NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574' 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITE' CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 South Bend Heritage Foundation Lot 57 Hartman & Miller's Plat 018-5099-3505 803 Lincolnway West Lot 84 Hartman & Miller's Plat 018-5099-3496 South Bend, Indiana 46616 Lot 93 Hartman & Miller's Plat 018-5099-3510 Lot 112 Hartman & Miller's Plat 018-5100-3536 For SBHF FiAFive rs LLC Lot 95 Hartman & Miller's Plat 018-5099-3512 81t Str t Lot 113 Hartman & Miller's Plat 018-5100-3539 So , nd' a 46601 Lug "It I4, cc", is. .P Forners LLC Northeast Nei ghborhood Lot 57 Hartman & Miller's Plat 018-5099-3505 Revitalization Organization Lot 84 Hartman & Miller's Plat 018-5099-3596 803 Lincolnway West Pt. Lot 93 Hartman & Miller's Plat 018-5099-3510 South Bend, Indiana 46616 Pt. Lot 93 Hartman & Miller's Plat 018-5099-3510.01 Lot 118 Hartman & Miller's Plat 018-5099-3514 Lot 119 Hartman & Miller's Plat 018-5099-3514 Lot 120 Hartman & Miller's Plat 018-5099-3514 Lot 121 Hartman & Miller's Plat 018-5099-3514 Lot 122 Hartman & Miller's Plat 018-5099-3514 For NNRO Lot 102 Hartman & Miller's Plat 018-5100--3544 Lot 103 Hartman & Miller's Plat 018--5100-3541 Lot 104 Hartman & Miller's Plat 018-5100-3538 Lot 105 Hartman & Miller's Plat 018 5100-3535 Lot 114 Hartman & Miller's Plat 018-5100-3542 Lot 115 Hartman & Miller's Plat 018-5100-3545 Lot 116 Hartman & Miller' s Plat 018-5100-3548 Lot 117 Hartman & Miller's Plat 018-5100--3551 Lot 63 Hartman & Miller's Plat 018-5099-3487 Lot 64 Hartman & Miller's Plat 018-5099-3578 Lot 81 Hartman & Miller's Plat 018-5099-3549 Lot 82 Hartman & Miller's Plat 018-5099-3488 Lot 1 Hartman & Woodworth's Plat 018-5097-3448 Lot 2 Hartman & Woodworth's Plat 018-5097-3449 Lot 3 Hartman & Woodworth's Plat 018-5097-3449 Pt. Lot 19 Hartman & Woodworth's Plat 018-5097-3451 Pt. Lot 19 Hartman & Woodworth's Plat 018-5097-3452 Lot 7 Hartman & Woodworth's Plat 018-5097-3435 Lot 6 Hartman & Woodworth's Plat 018-5097-3433 Lot 9 Hartman & Woodworth', Plat 018-5097-3431 CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 i NAME (signed & printedl & ,ADDRESS Lot Descri tion Tax Ke P]umbex City of South Bend Redevelopment Lot 51 Hartman & Miller's Plat 018-5099-3519 227 W. Jefferson Blvd. Lot 54 Hartmarx & Miller's Plat 018-5099-351$ Suite 1200 Lot 55 Hartman & Miller's Plat 1918-5099-3517 South Bend, Indiana 46603 Pt. Lot 89 Hartman & Miller's Plat 018-5099-3508 Pt. Lot 89 Hartmarx & Miller's Plat 018-5099-3509 Lot 88 Hartman & Miller's Plat 018-5099-3506 Lot 87 Hartman & Miller's Plat 018-5099-3504 Lot 86 Hartman & Miller's Plat 018-5099-3502 Lot 90 Hartman & Miller's Plat 018-5099-3523 For City of South Bend Lot 91 Hartman & Miller's plat 018-5099-3523 Redevelopment Lot 82 Hartman & Miller's Plat 018-5099-3524 University of Notre Dame Dulac Lot 43 Hartman & Miller's Plat 018-5098-3472 910 Planner Hall Lot 44 Hartman & Miller's plat 018-5098-3474 Notre Dame, Indiana 46556 Lot 45 Hartman & Miller's plat 018-5098-3476 For University of Notre Dame Dulac City of South Bend Lot 56 Hartman & Miller's Plat 018-5099-3507 Board of Public Works 227 W. Jefferson Blvd. Lot 54 Hartman & Miller's Plat 018-5099-3518 Suite 1300 Lot 55 Hartman & Miller's Plat 018-5099-3517 South Bend, Indiana 46601 Pt. Lot 89 Hartman & Miller's Plat 018--5099-3508 Pt. Lot 89 Hartman & Miller's Plat 018-5099-3509 Lot 100 Hartmarx & Miller's Plat 018-5099-3550 Lot 101 Hartmarx & Miller's Plat 018-5099-3547 Lot 4 Hartman & Woodwort:h's plat 018-5097-3447 Lot 5 Hartman & Woodworth's plat 018-5097-3446 For City of South Bend Lot 6 Hartman & Woodworth,s Plat 018-5097-3445 Samuel & Betty Rariuki Lot 97 Hartman & Miller's plat 018-5099-3497 1056 Burns Street Lot 98 Hartman & Miller's Plat 018-5099-3493 South Bend, Indiana 46616 Lot 99 Hartman & Miller's plat 018-5099-34$9 Samuel Rariuki Betty Xariuki Wayne Curry, Jr. ,.�'� Lot 96 Hartman & Miller's Plat 018-5099-3500 1056 Burns Street f South Bend, Indi 661 I" Wa a ..,zr ',..,.:..r ~~ r s NAME (signed & printed) & ADDRESS Lot Description Tax Key Number City of South Bend Redevelopment Lot 51 Hartman & Miller's Plat 028-5099-3519 227 W. Jefferson Blvd. Lot 54 Hartman & Miller's Plat 018-SO99-3518 Suite 1200 Lot 55 Hartman & Miller's Plat 018-5099-3517 South Bend, Indiana 46601 Pt. Lot 89 Hartman & Miller's Plat 018-5099-3508 Pt. Lot 89 Hartman & Miller's Plat 018-5099-3509 Lot 88 Hartman & Miller's Plat 016-5099-3506 Lot 87 Hartman & Miller's Plat 018-5099-3504 Lot 86 Hartman & Miller's Plat 018-5099-3502 Lot 90 Hartman & Miller's Plat 018-5099-3523 For City of South Bend Lot 91 Hartman & Miller's Plat 018-5099-3523 Redevelopment Lot 82 Hartman & Miller's Plat 018-5099-3524 University of Notre Dame du Lac Lot 43 Hartman & Miller's Plat 018-5098-3472 910 Planner Hall Lot 44 Hartman & Miller's Plat 018-5098-3474 Notre Dame, Indiana 46556 Lot 45 Hartman & Miller's Plat 018-5098-3476 John A. Sejdinaj, VP F' ance For University of Notre Dame du Lac r City of South Bend Lot 56 Hartman & Miller's Plat 018-5099-3507 Board of Public Works 227 W. Jefferson Blvd. Lot 54 Hartman & Miller's Plat 018-5099-3518 Suite 1300 Lot 55 Hartman & Miller's Plat 018-5099-3517 South Bend, Indiana 46601 Pt. Lot 89 Hartman & Miller's Plat 018-5099-3508 Pt. Lot 89 Hartman & !Killer's Plat 018-5099-3509 Lot 100 Hartman & Miller's Plat 018-5099-3550 Lot 101 Hartman & Miller's Plat 018-5099-3547 Lot 4 Hartman & Woodworth's Plat 018-5097-3447 Lot 5 Hartman & Wovdworth's Plat 018-5097-3446 For City of South Bend Lot 6 Hartman & Woodworth's Plat 018-5097-3445 Samuel & Betty Kariuki Lot 97 Hartman & Miller's Plat 018-5099-3497 1056 Burns Street Lot 98 Hartman & Miller's Plat 018-5099-3493 South Bend, Indiana 46616 Lot 99 Hartman & Miller's Plat 018-5099-3489 Samuel Kariuki Betty Kariuki Wayne Curry, Jr. Lot 96 Hartman & Miller's plat 018-Sb99-3500 1056 Burns Street South Bend, Indiana 46616 Wayne Curry, Jr. . , ARE---``.# 1: THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THE PORTION OF GEORGIANNA .STREET 192 FT.t IN LENGTH, $EGINNING 123 FT.± NORTH OF T TE SECOND INTERSECTION OF SOUTH BEND AVENUE HE THE SE (AKA S.R. 23) . ALSO THAT PORTION OF EAST-WEST 12 FT. WIDE ALLEY, 118 FT.± IN LENGTH, BEGINNING 192 FT.t NORTH OF THE NORTH RIGHT-OF-WAY OF SOUTH BEND AVENUE 23) , SITUATED IN HARTMAN AND MILLE (AHA S.R. R'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AREA # 2: THE RIGHT-OF-WAYS TO N BE STREET 276 FT. VACATED ARE DESCRIBED AS: THE PORTION OF BURNS IN LENGTH, BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH REND AVENUE (AKA S.R. 23) . ALSO TO BE VACATED, IS THE FIRST EAST- WEST 10 FT. WIDE ALLEY, NORTH OF SAID SOUTH BEND AVENUE, EXTENDING FROM THE WEST RIGHT-OF-WAY LINK OF BURNS STREET TO A 12 FT. WIDE, NORTH- SOUTH ALLEY. SAID 12 FT, WIDE NORTH-SOUTH ALLEY IS TO BE VACATED FROM THE SOUTH LINE EXTENDED OF SAID EAST-WEST 10 FT. WIDE ALLEY, 66 FT.± NORTH, ALL SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AREA # 3: THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THAT PORTION OF THE FIRST EAST-WEST 12 FT. WIDE ALLEY, WEST OF DUEY STREET AND NORTH OF SOUTH LEND AVENUE, RUNNING WEST 118 FT.± TO THE INTERSECTION WITH THE FIRST NORTH-SOUTH 12 FT. WIDE ALLEY. SAID 12 FT. WIDE NORTH-SOUTH ALLEY TO BE VACATED FROM THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF ST. VINCENT STREET 266 FT.t. ALL SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AREA # 4: THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THAT PORTION OF DUEY STREET 417 FT.± IN LENGTH, BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE (AKA S.R. 23) . ALSO TO BE VACATED IS THAT PORTION OF ST. VINCENT STREET BETWEEN THE WEST RIGHT-OF-WAY OF DUEY STREET AND THE EAST RIGHT-OF-WAY OF BURNS STREET. ALSO THAT PORTION OF THE FIRST NORTH-SOUTH ALLEY WEST OF DUEY STREET AND NORTH OF ST. VINCENT STREET NORTH 220 FT.±, IN HARTMAN AND WOODSWORTH'S PLAT & HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AREA # 5: THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THAT PORTION OF THE FIRST EAST-WEST 12 FT. WIDE ALLEY EAST OF DUEY STREET AND NORTH OF SOUTH BEND AVENUE RUNNING EAST 118 FT.f TO THE INTERSECTION WITH THE FIRST 12 FT. WIDE NORTH-SOUTH ALLEY. SAID NORTH-SOUTH ALLEY TO BE VACATED FROM THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE NORTH A DISTANCE OF 202 FT.±. ALL SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AREA # 6: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS: THAT PORTION OF ST. VINCENT STREET BETWEEN THE WEST RIGHT-OF-WAY OF BURNS STREET AND THE EAST RIGHT-OF-WAY OF GEORGIANA STREET, APPROX. 248 FT,#, SITUATED IN THE HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, COUNTY, INDIANA. ST. JOSEPH VW ACATION DIAGRAM SURVEY ORDERED BY. CITY OF SOUTH BEND SURVEY DATED. 11-30-11 PROJECT NO.. 080235 LOTS 43-47, 513, 51, 54 & 55 INCLUSIVE IN THE HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. AREA/1. THE RIGHT—OF—WAYS TO BE VACATED ARE DESCRIBED AS: THE PORTION OF GEORGIANNA STREET 192 FT.t IN LENGTH, BEGINNING 123 FT.t NORTH OF THE INTERSECTION OF SOUTH BEND AVENUE (AKA S.R. 23). ALSO THAT PORTION OF THE SECOND EAST-WEST 12 FT. WIDE ALLEY, 118 FT.t IN LENGTH, BEGINNING 192 FT.f NORTH OF THE NORTH RIGHT-OF-WAY OF SOUTH BEND AVENUE (AKA S.R. 23), SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST, JOSEPH COUNTY, INDIANA. AREA TO BE VACATED e "0' 42 n !; 5 5 u.l lS'F r'r, IfYin�Y v{/ IYllt.t.i_ll'.� i�L '��nl,• - ')ail r- ,�... 39 1/7'(P} 39 ' d *nom 4„ c P; 50. 0' g lld'{P) IvT 5�' I 1 e•roL�_ n d •.4T J'! lNl '14 � h tl8'(P) $ $ ♦ - 41B'(P) ff �•n vT 1.V t1 , .� f3nr Iiviri�� " In ••1; r- nr nrr� wn t.l.i llll r1 vtle'P 10 .i �p w)tfli I�VVi 12' PUBLIC ALLEY 5 � VI Y T N 4,11 LO n fi c _l+ I IB'(P) 1 ivi 72'PUBLIC ALLEY ch LOT 4,0 I^ V tae � HOWARD ST. -]T Y e a A t •i Y1 a 111 -I ti RRf {I I1 F I'v"A N, .{/ IY114 L.1\ `S'o T Q ��/ Ik ar nn _ r t. F O e2vl 4 ,I• `.T IhV 'TIV�V i1IAT LiVVI'u m o R Y`mypy ?, i l C.. LA l C=vvK iii 0 66 SCALE 1•-60' NIl�Dr� 0�8C� I16� D Land Surveyare - Professional Engineers Landscape Architects• Land Planners Orcpe: (sra)x]a-apps / (app)s9a-aap] Coe: (S7a)2]4-41 F9 164] Commerce priYe • Spulh 9entl, !N a6fi2B PY'9 nc. rmr ro es. c, VACATION DIAGRAM SURVEY ORDERED BY: CITY OF SOUTH BEND SURVEY DATED: 11-15-11 PROJECT NO.: 080235 LOTS 95-99, 718-122 INCLUSIVE IN THE HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. AREA-f_ , THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THAT PORTION OF THE FIRST EAST-WEST 12 Fr. WIDE ALLEY, WEST OF DUEY STREET AND NORTH OF SOUTH BEND AVENUE, RUNNING WEST 118 FT.f TO THE INTERSECTION WITH THE FIRST NORTH-SOUTH 12 FT. WIDE ALLEY, SAID 12 FT WIDE NORTH-SOUTH ALLEY TO BE VACATED FROM THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF ST VINCENT STREET 266 FT.t, ALL SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AREA TO BE VACATED V, ,vu � I P C ST. ENT-MEET TV PUBLEZE—Y 1wa9s��s - „r.9s'as �agso'm - ,tr.9s(a it7 a^ � _ ,. � _ 11 a•t 9", 19 ,/S'(p) n IAN. 0 \Q� t�p' n /g -a Ita'P 117.90'Y ^Vr •" 'v •" `' ' ]9 ,/s'fP) 59 /s(PI 19 113-(P) 3s,;(u) v R use z _fii 1� q Qy'bLP� VNN C' t ti� � tiBLQ, 4 �Y 'y IG LA a h a f•' ! `. b'�4 lu o 60 SCALE I'm sf)' Hamer& �mLand Surveyors • Professional Engineers Z !Landscape Architects•Land Planners J �+ Office.. (574)254-4003/(600)594-4003 • Foe: (574)234-4119 V 164}Commerce Qrive • South $4ntl, 8¢ 46828 °PPS¢1 nc, amer s°[p i3, C, VACATION DIAGRAM SURVEY ORDERED BY: CITY OF SOUTH BEND SURVEY DATED: 1�-15-11 LOTS 1 & 4-9 OF HARTMAN AND WOODWORTHS PLAT & LOTS 99, 100, PROJECT NO.; 080235 112_119 & 127 INCLUSIVE IN THE HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH SEND, INDIANA. aF�A� 4•. THE RIGHT-OF-WAYS TO BE VACATED ARE DESCRIBED AS: THAT PORTION OF DUEY STREET 417 FT.t IN LENGTH, BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE (AKA S.R. 23). ALSO TO BE VACATED IS THAT PORTION OF ST. VINCENT STREET BETWEEN THE WEST RIGHT-OF-WAY OF DUEY STREET AND THE EAST RIGHT-OF-WAY OF BURNS STREET. ALSO THAT PORTION OF THE FIRST NORTH-SOUTH ALLEY WEST OF DUEY STREET AND NORTH OF ST. VINCENT STREET NORTH 220 FT,*, IN HARTMAN AND WOODSWORTH'S PLAT & HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AREA TO BE VACATED toT 0. .746�y e._ •N•n7n, � ekal'Rl .H�el eisi.: s •use-„ 7�,6 !cr n^_ V q _ r,.m S 0 700 SCALE I"; 1tl0' mer to s Land Surveyors • Professional Engineers �I Landscape Architects• Land Planners orrie�: (5�4}2J4—aoos (boo}s94-4ao3 fcr; {574)234-4119 764J Commerc6 Orive Sauih Send, IN 466-- 2-0 1111"111 fill I A X �� " �R! R 141 R if a�R ! q ' a yRi{ •a � }a #e � 1� A� 1I� 01 k41 9A gg�1� L�t g I at g �'g Ilk dRg a p g ��R�ba a yy g � 6a ar srer n' € filr, yl ! hl I Ifi 15 lfi I I I .€ l 41 •I �I �I s� 1 HI s! ul E a ° , roe 3,•.� fi 1 fi l �l�5^I fi! I i l l l l l I l l r y * I I 1 �'' I 1 ! r l ` ;"I -� 1-3 !b CA ft B R/b TAY=Y `....�.., ' n p L J s # v. tv g Y 8T 5ia �n 5 savFr,s-•C� ee,rF�� ft to �� oil 9591 pf I`1 gill IT �� 0199 _i ? ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5,700,000.00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION. STATEMENT OF PURPOSE AND INTENT The Chase Tower building ("Chase Tower") is located in the heart of downtown South Bend across from the County-City Building at 211-213 West Washington Street. It is the tallest building in South Bend and contains a bank, business offices, a hotel, restaurants and a parking garage. Presently, Chase Tower is in foreclosure proceedings, and is in urgent need of repair and rehabilitation. An entity known as Care Hotels Indiana, LLC, an Indiana limited liability company ("Care Hotels") and affiliate of Care Hotels plans to purchase the Chase Tower at sheriff foreclosure sale, thereby satisfying the judgment of foreclosure acquired by the lender Huntington National Bank. However, once released from foreclosure, Chase Tower requires substantial Capital improvements to retain and attract tenants, attract guests to the hotel portion of the building, and otherwise become a viable commercial enterprise. The total cost to make these repairs is not financially feasible for a developer. In order to rehabilitate Chase Tower and assure it will increase in assessed value subject to payment of property tax, that it will retain and create new jobs in downtown South Bend, and that it will remain a vital commercial enterprise in the heart of South Bend, it is necessary for the City of South Bend to assist in the Chase Tower rehabilitation by appropriating funds for this purpose. The City will thereby acquire a Iong term interest in the garage portion of Chase Tower which will assist in the general rehabilitation of Chase Tower. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. The sum of Five Million Seven Hundred Dollars ($5,700.000.00) be and hereby is set aside within Rainy Day Fund No. 102 for the purpose of acquiring a long term interest in the garage portion of Chase Tower which will assist with general rehabilitation of Chase Tower. Section 11. The monies appropriated under this Ordinance shall be reimbursed to the Rainy Day Fund (#102) in annual payments from Tax Increment Finance-South Bend Central Development Area Fund (TIF-SBCDA) No. 420 out of the incremental increase in tax revenues resulting from the differential in assessed valuation of Chase Tower at this time and after rehabilitation is undertaken under this development plan. These annual reimbursement payments from Fund No. 420 to Rainy Day Fund 4102 shall be made until the original appropriation of $5,700,000.00 is repaid and satisfied in full. Section III. The Mayor is authorized to execute a Development Agreement on behalf of the City between the City and Care Hotels. Section IV. This Ordinance shall be in full force and effect upon passage by the Common Council, approval of the Mayor, and any publication required by law. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock M. City Clerk Approved and signed by me on the day of , 2011, at o'clock T. m. Mayor, City I CARING Q %,,',G 1:CJT APPROVED {[ (47Y ICI PASSED FFA CITY OF SOUTH BEND STEPHEN J. UJECKE,]MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D. ZIIENTARA CONTROLLER December 7, 2011 Mr. Derek Dieter President, South Bend Common Council 0' Floor, County-City Building South Bend, IN 46601 re: Ordinance of the Common Council Appropriating Monies to Assist in the Chase Tower Building Rehabilitation Project Dear President Dieter: The Chase Tower building ("Chase Tower") is located in the heart of downtown South Bend across from the County-City Building at 211-213 West Washington Street. It is the tallest building in South Bend and contains a bank, business offices, a hotel, restaurants and a parking garage. Presently, Chase Tower is in foreclosure proceedings, and is in urgent need of repair and rehabilitation. An entity known as Care Hotels Indiana, LLC, an Indiana limited liability company ("Care Hotels") and affiliate of Care Hotels plans to purchase the Chase Tower at sheriff foreclosure sale, thereby satisfying the judgment of foreclosure acquired by the lender Huntington National Bank. However, once released from foreclosure, Chase Tower requires substantial Capital improvements to retain and attract tenants, attract guests to the hotel portion of the building, and otherwise become a viable commercial enterprise. The total cost to make these repairs is not financially feasible for a developer. In order to rehabilitate Chase Tower and assure it will increase in assessed value subject to payment of property tax, that it will retain and create new jobs in downtown South Bend, and that it will remain a vital commercial enterprise in the heart of South Bend, it is necessary for the City of South Bend to assist in the Chase Tower rehabilitation by appropriating funds for this purpose. The City will thereby acquire a long term interest in the garage portion of Chase Tower which will assist in the general rehabilitation of Chase Tower. City Administration requests Council approval to invest up to $6.7 million for the purpose of acquiring a long term interest in the parking garage thereby providing financial assistance to the developer, to affect the repairs, maintenance rehabilitation necessary in the structure. The Raining Day Fund # 102 will provide the cash funds for this appropriation. The monies appropriated under this Ordinance shall be reimbursed to the Rainy Day Fund (#102) in annual payments from Tax Increment Finance-South Bend Central Development Area Fund (TIF-SBCDA) No. 420 out of the incremental increase in tax revenues resulting from the differential in assessed valuation of Chase Tower at this time and after rehabilitation is undertaken under this development plan. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235--9216 Fax: 574,''234-9928 TDD: 574/235--5567 These annual reimbursement payments from Fund No. 420 to Rainy Day Fund #102 shall be made until the original appropriation of$5,700,000.00 is repaid and satisfied in full. City Administration submits this appropriation spending request for 15' reading at the December 12, 2011 Council Meeting, 2nd read, public hearing, 3`d read and Council vote at the December 19, 2011, special Council meeting. Mayor Luecke will present this bill to Council at the appropriate committee meeting and at the Council session. Regards, Gregg D. Z t r cc: Stephen J. Luecke, Mayor of the City of South Bend u iG1 s F r axe i v; DRAFT: 12/15/2011 SUMMARY OF CHASE TOWER DEVELOPMENT AGREEMENT ® Care Hotels will invest a minimum of$4 million in equity in the purchase and rehabilitation of the Chase Tower and make Building Improvements in an amount not less than$11,400,000, as described on the attached Exhibit A. • The City will purchase a 99 year leasehold interest in the Chase Tower parking garage in exchange for$5.7 million dollars, and the proceeds will be available for improvements to the Chase Tower building. • The proceeds of the parking garage transaction will be held in escrow until Care Hotels has spent a minimum of$5.7 million of its own funds on Chase Tower Building Improvements. • Until the hotel is re-branded as an"Upper Midscale"hotel, no more than $1.5 million in escrowed funds may be accessed by Care Hotels • Care Hotels is required to maintain the office building portion of the Chase Tower as Class B or better office space for ten years. • Care Hotels is required to operate the hotel portion of the Chase Tower as an"Upper Midscale" hotel or better for ten years. • Failure to maintain the office building as Class "B" office space or failure to operate the hotel as a Qualified Hotel Brand for ten years will require Care Hotels to reimburse the City for the $5.7 million purchase price in an annual prorated amount for the number of years remaining at the time of violation of the requirement. • Care Hotels will use commercially reasonable efforts to recruit and hire minority and women employees in its operations and to utilize local contractors and vendors for its improvements to the Chase Tower building. • Care Hotels will not seek any real or personal property tax abatement for ten years. • Care Hotels will not appeal any real property tax assessment for 10 years unless the assessed value exceeds $12 million. • As security for its obligations, Care Hotels will grant the City a mortgage lien and assignment of rents in favor of the City, such lien and assignment to be subordinate to the interests of Care Hotels' lenders BDDB019038430A EXHIBIT A Building Improvements The Building Improvements may include the items listed below, and a minimum of $11,400,000 will be spent on Building Improvements. Building Improvement Item Estimated Cost Replacement of four 4 elevators $970,000 Property Improvement Plan(PIP) for hotel $5,500,000 rebranding Parking garage repair $800,000 Repair or replacement of HVAC $1,000,000 Repair or replacement of roof $175,000 Water and sewer repair $300,000 Window upgrades $850,000 Fagade and building cosmetic repairs $1,000,000 Construction contingency $355,000 Lien claim settlements with local $250,000 contractors Related expenses: architect, engineering, $200,000 third party reports, licenses and permits TOTAL $11,4 U00.00 BDDB019038430v3 DIET: 12/15/2011 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement"), effective as of December , 2011, is made and entered into by and among the City of South Bend, Indiana, a political subdivision and municipal corporation of the State of Indiana, by and through its Board of Public Works (the "City"), the South Bend Redevelopment Commission (the "Commission"), and Care Hotels Indiana, LLC, an Indiana limited liability company ("Care Hotels") (each individually, a "Party"and, collectively, the "Parties"). RECITALS WHEREAS, the Chase Tower is located at 211-213 West Washington Street, South Bend, Indiana (the "Chase Tower") in the heart of downtown South Bend and is the tallest building in South Bend; and WHEREAS, Chase Tower is a landmark South Bend building including offices, a bank, hotel,restaurants and a parking garage; and WHEREAS, Chase Tower is currently in foreclosure, is in desperate need of substantial repair and rehabilitation, and is at risk of losing its tenants; and WHEREAS, on August 5, 2011, the St. Joseph Superior Court entered a Judgment Entry and Decree of Foreclosure against the current owner of the Chase Tower, Dillingham Hill RE, LLC ("Dillingham"); and WHEREAS, Care S.B. Acquisition, LLC, a Delaware limited liability company ("Care S.B."), an affiliate of Care Hotels, is planning to enter into a Loan Purchase Agreement under which Care S.B. will commit to purchase the Dillingham loan and judgment from The Huntington National Bank, the foreclosing lender; and WHEREAS, Care Hotels plans to purchase the Chase Tower at Sheriff Sale following Care S.B.'s purchase of the loan and judgment; and WHEREAS Care Hotels' principal, Satish A. Gabhawala, is experienced in rehabilitating distressed hotel properties; and WHEREAS, Care Hotels wishes to make certain needed capital improvements to the Chase Tower, which are more particularly described in Exhibit A (the "Building Improvements'); and WHEREAS, without the financial assistance of the City, rehabilitation of the Chase Tower would not be financially feasible for a developer; and WHEREAS, it is in the best interests of the citizens of the City to prevent the further deterioration of the Chase Tower, maintain the presence of the tenants in the Chase Tower, establish or maintain a reputable branded hotel in the Chase Tower, encourage the undertaking of BDDBOI 90052150 the Building Improvements, as such improvements will provide for additional economic development of the downtown area of the City, including increasing the assessed value of the Chase Tower yielding additional annual property taxes and retaining and creating jobs within Downtown South Bend; and WHEREAS, in order to induce Care Hotels to undertake the Building Improvements, establish a reputable hotel presence in the Chase Tower and rehabilitate the Chase Tower, the Commission desires to purchase a 99 year leasehold interest in the parking garage portion of the Chase Tower (the "Garage Interest"), and the City and the Commission desire to provide certain additional incentives and undertakings to Care Hotels, as more particularly described herein; and WHEREAS, the Parties recognize that (i) the City and the Commission must take additional actions in order to implement certain of the incentives and undertakings set forth herein including, in some instances, completion of required statutory and regulatory proceedings, and that the City's and the Commission's obligations hereunder shall be subject to completing such additional actions, (ii) the obligations of the City and the Commission hereunder are subject to Care Hotels fulfilling its obligations hereunder, and (iii) the obligations of Care Hotels hereunder are subject to the City and the Commission fulfilling their respective obligations hereunder. NOW, THEREFORE,the Parties hereby agree that the foregoing recitals are accurate and incorporated into this Agreement for all purposes, and further agree as follows: SECTION I. City Agreements. The City and the Commission agree with Care Hotels as follows: (a) The Commission shall, subject to further proceedings required by law, purchase the Garage Interest from Care Hotels for a total purchase price of Five Million Seven Hundred Thousand Dollars ($5,700,000). The Parties agree to enter into a Garage Purchase and Master Lease Agreement, Garage Lease and Operating Agreement, Financing Agreement, Escrow Agreement, and such other Agreements necessary to carry out the intent of this Agreement (collectively "Closing Agreements") setting forth the obligations of the Commission and Care Hotels in connection with the transfer of the Garage Interest to the Commission. (b) In connection with the Garage Purchase and Master Lease Agreement, the Parties will also enter into an Escrow Agreement. The proceeds from the sale of the Garage Interest shall be deposited in an escrow account at Meridian Title Corporation. The Escrow Agreement will provide a procedure for draws against the escrowed funds for expenses incurred by Care Hotels in making the types of improvements set forth herein. The escrowed funds will not be available to Care Hotels until Care Hotels has invested a minimum of Five Million Seven Hundred Thousand Dollars ($5,700,000) of its own funds in the Building Improvements. A maximum of One Million Five Hundred Thousand Dollars ($1,500,000) shall be available from the escrowed funds until Care Hotels has rebranded the hotel as required by Section 2(d). Once the hotel meets the Qualified Hotel Brands requirement under the Section 2(d), all of the escrowed funds shall be available to Care Hotels pursuant to the Escrow Agreement. -2 - BDDBOI 90052150 (c) The Commission shall enter into a Garage Lease and Operating Agreement providing Care Hotels with all rights, privileges and responsibilities for the use,operation,maintenance and full enjoyment of the parking garage. (d) The Commission's interest in the parking garage shall be subordinate to the interests of Care Hotels' lenders providing financing in connection with the Chase Tower. The Commission shall enter into a Financing Agreement with Care Hotels and Care Hotels' lenders documenting such subordination and addressing the implications of any loan default with respect to the Commission's Garage Interest. (e) The City and the Commission finther agree to cooperate and act in good faith with Care Hotels in completing any definitive agreements contemplated hereunder on terms typically found in agreements of the kind contemplated by this Agreement, and any actions that are necessary to complete the transactions contemplated by this Agreement. SECTION 2. Care Motels Agreements. Care Hotels agrees with the City and the Commission as follows: (a) Invest a minimum of Four Million Dollars ($4,000,000) in equity into the purchase and rehabilitation of the Chase Tower. (b) Pursuant to Section i of this Agreement, Care Hotels agrees to (i) obtain fee simple title to the Chase Tower and (ii) undertake the Building Improvements in an amount not less than Eleven Million Four Hundred Thousand Dollars ($11,400,000) inclusive of the proceeds of the Purchase Price. Such Building Improvements shall be completed by the later of January 31, 2013, or one (1) year from the date that Care Hotels receives fee simple title to the Chase Tower. (c) Care Hotels shall maintain the office building portion of the Chase Tower as Class B or better office space, as defined on Exhibit B, for a period of not less than ten (10) years following Care Hotels' receipt of fee simple title to the Chase Tower. (d) Upon the later of June 30, 2012, or six (b) months from the date that Care Hotels receives fee simple title to the Chase Tower (the "Rebranding Period"), Care Hotels shall cause the hotel located in the Chase Tower for a period of not less than ten (10) years to be operated as a Holiday Inn, Holiday Inn Express, Holiday Inn and Candlewood Suites hotel, or an "Upper Midscale" hotel or higher rated chain hotel as identified from time to time by STR Global on its STR US Chain Scales currently available at: http://www.strglobal.com/documents/STRChainScale.pdf, and more particularly described in Exhibit C (collectively "Qualified Hotel Brands"). For purposes of calculating the ten (10) year period of operation as a Qualified Hotel Brand, the period of time from the execution of a franchise agreement for a Qualified Hotel Brand and the date of termination of a franchise Agreement for a Qualified Hotel shall count towards such ten(10) year period. In the event Care Hotels violates the provisions of Sections 2(c) or 2(d) by failing to maintain a Class B office building or by failing to operate a Qualified Hotel - 3 - BDDB01 90052150 Brand in the Chase Tower, the City will be entitled to a reimbursement of the purchase price of the Garage Interest calculated by dividing the amount of the purchase price by the number of years remaining in the obligation to operate the Chase Tower as required by Section 2(c) and 2(d). By way of illustration, if Care Hotels fails to operate the Chase Tower in compliance with Section 2(d) after five (5) years has elapsed from the completion of the Rebranding Period, the City will be entitled to a reimbursement from Care Hotels in the amount of Two Million Eight Hundred Fifty Thousand Dollars ($2,850,000). Should Care Hotels fail to meet the requirements of both Section 2(c) and 2(d), only the longer of the two periods remaining in the obligation to operate the Chase Tower as required by Section 2(c) and 2(d) shall control for purposes of calculating any reimbursement. In no event shall Care Hotels be required to reimburse the City more than Five Million Seven Hundred Thousand Dollars ($5,700,000). (e) As security for Care Hotels' commitments in Sections 2(b), 2(c) and 2(d) above, Care Hotels shall grant a mortgage lien and assignment of rents in the Chase Tower in favor of the City, such mortgage lien and assignment of rents to be subordinate to the interests of Care Hotels' lenders providing financing and re- financing in connection with the Chase Tower. The City covenants to cooperate with Care Hotels and its lenders with re-financing of the loan(s) in connection with the Chase Tower. (f) Care Hotels will comply in all materials respects with all applicable laws related to the construction of the Building Improvements. Care Hotels further agrees to cooperate and act in good faith with the City and the Commission in completing any definitive agreements on terms typically found in agreements of the kind contemplated by this Agreement, and any actions that are necessary to complete the transactions contemplated by this Agreement. (g) Care Hotels will provide the City, the Commission and any other applicable governmental agencies all information reasonably deemed necessary to complete the actions contemplated by this Agreement. Care Hotels acknowledges and understands that all such information, to the extent provided to a governmental agency, may be subject to the Indiana Access to Public Records Act. (h) Care Hotels will not seek any tax abatement, real or personal, during the ten (10) year period described in Section 2(d). (i) For the ten (10) year period described in Section 2(d), Care Hotels will not appeal any real property tax assessment of the property unless the assessed value of the Chase Tower real property and improvements exceeds Twelve Million Dollars ($12,000,000). 0) Care Hotels will use commercially reasonable efforts to recruit and hire minority and women employees in its operations and to utilize local contractors and vendors for improvements to the Chase Tower building. -4 - BDDBO1 90052150 SECTION 3. Conditions to Obligations of the Parties. The Parties acknowledge and understand that notwithstanding anything in this Agreement to the contrary (i) the Parties must take future actions to undertake and implement certain obligations under this Agreement; (ii) the representations of and performance of the covenants and agreements of the City are subject to and contingent upon compliance with and completion of applicable statutory and administrative procedures, including, without limitation, applicable public notice and public hearing requirements, official actions by governing bodies, and any remonstrance and appeal rights; and (iii) the representations of and performance of the covenants and agreements of Care Hotels are subject to and contingent upon (A) approval of this Agreement by the Members and/or such other limited liability company approval as is required by the governing documents of Care Hotels, and (B) the satisfaction of the conditions and contingencies set forth in this Agreement. Each Party covenants that it shall use its best efforts to do all things lawfully within its power to take the necessary actions to effectuate the obligations contemplated hereby and otherwise implement this Agreement to the fullest extent possible in accordance with the time frames set forth herein, unless such dates are extended by mutual written consent of the Parties. SECTION 4. Closing Dates, 'Termination. (a) The Parties shall use commercially reasonable efforts to enter into the Closing Agreements, and complete the sale of the Garage Interest to the Commission upon the earlier of February 29, 2012 or fourteen (14) days from the date that Care Hotels receives a fee simple interest in the Chase Tower (the "Closing Date"). The Closing Date shall be extended as necessary should events beyond the control of the Parties inhibit Care Hotels' ability to obtain fee simple title to the Chase Tower. (b) The Parties agree to promptly execute and deliver such additional agreements, instruments and documents (including those specifically identified herein), provide such additional financial or technical information, hold and attend such public hearings or meetings relating to the projects contemplated herein and the additional actions required by this Agreement, and take such additional actions as may reasonably be required from time to time in order to effectuate the obligations contemplated by this Agreement. (c) The City, the Commission and Care Hotels may terminate this Agreement (and this Agreement shall have no force and effect and the Parties shall have no further obligations under this Agreement) immediately upon written notice to the other Parties if the actions required in this Section 4 have not been completed by the Closing Date, unless such date is extended by mutual written consent of the Parties. SECTION 5. General. (a) The Parties agree that time is of the essence in the matters described herein. (b) The City, in good faith, shall expedite the review and approval of all required environmental, health, safety, construction and other permits, licenses, commitments and approvals relating to the Building Improvements. - 5 - BDDBOI 90052150 (c) The incentives to be provided to Care Hotels as described herein are not intended to be and shall not be construed as a limitation upon the rights of Care Hotels to obtain any other rights, privileges, or benefits for which either might qualify under applicable law, and, except as otherwise provided herein, all incentives and benefits, whether conveyed herein or by applicable law, are intended to be cumulative. (d) The Parties agree that none of the Parties may assign its obligations under this Agreement to any other entity without the prior written consent of the remaining Parties, which consent will not be unreasonably withheld, except that without the consent of any other Party, Care Hotels may assign its rights, duties and obligations under this Agreement to any affiliate of Care Hotels. The City shall have reasonable cause to withhold consent of an assignment of this Agreement if it has a reasonable basis any transferee of all of Care Hotels' interest in the Chase Tower will not be able to comply with Section 2(d) of the Agreement or does not have the financial capability to sustain the successful operation of the hotel and office portion of the Chase Tower. Care Hotels shall provide the City with any information which will assist the City in evaluating the transferee's ability to operate a Qualified Hotel Brand, or office building. In the event of an assignment by Care Hotels under this Section 5(d) to a transferee of all of Care Hotel's interests in the Chase Tower, such transferee shall be required to assume in writing all of Care Hotels' rights, duties and obligations under this Agreement, and, thereafter, Care Hotels shall be released from such duties and obligations. (e) Care Hotels acknowledges that IND. CODE § 5-14-1.5 (the "Open Door Law") and IND. CODE § 5-14-3 (the "Access to Public Records Law") apply to governmental entities (including the City and the Commission), and the Open Door Law and the Access to Public Records Law may require disclosure of this Agreement and its Exhibits. Accordingly, Care Hotels agrees and understands that any proprietary or confidential information should be withheld from a governmental entity unless specifically and reasonably requested by that governmental entity in order for that governmental entity to complete its commitments under this Agreement. (f) If any one or more of the covenants or agreements provided in this Agreement on the part of any Party should be determined by a court of competent jurisdiction to be contrary to law, such covenants and agreements shall be null and void and shall be deemed separate from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. (g) This Agreement and all transactions contemplated hereby shall be governed by, construed in accordance with, and enforced under the laws of the State of Indiana, notwithstanding its choice of law rules to the contrary or any other state's choice of law rules. _ 6 - BDDB 01 4005215x7 (h) This Agreement may be executed (by facsimile, digital or other electronic means) in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. (i) This Agreement shall be binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and permitted assigns. 6) This Agreement may be amended only by a written instrument executed by all of the Parties. Any condition precedent to any Party's obligations hereunder may be waived only in writing by such Party. (k) All Exhibits attached hereto are incorporated herein by reference. (1) This Agreement and the Exhibits hereto contain the entire understanding of the Parties and this Agreement supersedes all prior agreements and understandings, oral and written, with respect to this subject matter. (m) In the event of the breach of this Agreement by any Party, such breaching Party shall not be liable to any other Party to this Agreement for any consequential, incidental, special or punitive damages. (n) Any notices, requests, or other communications required or permitted to be given hereunder shall be in writing and shall be either (i) delivered by hand, (ii) mailed by United States registered mail, return receipt requested, postage prepaid, (iii) sent by a reputable, national overnight delivery service (e.g., Federal Express), or (iv) sent by facsimile (with the original being sent by one of the other permitted means or by regular United States mail) and addressed to each party at the applicable address set forth herein. Any such notice, request, or other communication shall be considered given or delivered, as the case may be, on the date of hand delivery (if delivered by hand), on the third (3rd) day following deposit in the United States mail (if sent by United States registered mail), on the next business day following deposit with an overnight delivery service with instructions to deliver on the next day or on the next business day (if sent by overnight delivery service), or on the day sent by facsimile (if sent by facsimile, provided the original is sent by one of the other permitted means as provided in this paragraph or by regular United States mail). City: Mayor City of South Bend 1400 County-City Building South Bend, Indiana 46601 Telephone: (574) 235-9241 Facsimile: (574) 235-9892 - 7 - BD©BU1 90052150 with copies to: City Attorney City of South Bend 1400 County-City Building South Bend, Indiana 46601 Telephone: (574)235-5857 Facsimile: (574) 235-7670 Commission: Director of Community and Economic Development City of South Bend 1200 County-City Building South Bend, Indiana 46601 Telephone: (574) 235-9371 Facsimile: (574) 235-7670 with copies to: Richard A. Nussbaum, II 210 South Michigan Street 5th Floor- Plaza Building South Bend, Indiana 46601 Telephone: (574) 234-3000 Facsimile: (574) 234-4220 Care Hotels: Satish Gabhawala Care Hotels Indiana, LLC 11650 S:Walnut Ridge Dr. Palos Park, IL 60464 Telephone: (404) 816-5759 Fax: (404) 816-6250 with a copy to: Richard L. Hill Baker& Daniels LLP 202 S. Michigan Street, Suite 1400 South Bend, Indiana 46601 Telephone: (574) 234-1937 Facsimile: (574) 239-1955 - 8 - BDDBO 190052150 EXHIBIT B Office Space Classifications Class A: Most prestigious buildings competing for premier office users with rents above average for the area. Buildings have high quality standard finishes, state of the art systems, exceptional accessibility and a definite market presence. Class B: Buildings competing for a wide range of users with rents in the average range for the area. Building finishes are fair to good for the area. Building finishes are fair to good for the area and systems are adequate, but the building does not compete with Class A at the same price. Class C: Buildings competing for tenants requiring functional space at rents below the average for the area. Source: Building Owners and Managers Association International, Metropolitan Base .Definitions, htt ://www.boma.or /Resources/classifcations/Pa es/default.as x kBDD1301 9005215x7 ,S d�Tg MACE CITY OF SOUTH BEND STEPHEN J. LUEC.KE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER December 7, 2011 Mr. Derek Dieter 6'o President, South Bend Common Council 4�h Floor, County-City Building South Bend, IN 46601 Re: Ordinance of the Common Council Appropriating monies for Illegal Dumping Clean-Up in Calendar year 2012 Dear President Dieter: At the Council meeting of November 14, 2011, Ordinance 10130-11 was passed by Council appropriating monies to fund illegal dumping clean-up in the City of South Bend during fiscal year 2011. The ordinance passed provided funding up to December 31, 2011, City Administration informed Council during the committee discussion and at the Council meeting, the 2012 budget adopted by Council did not contemplate monies to fund the illegal dumping clean-up crew in fiscal 2012, and therefore, Council action on a new appropriation would be required to fund the continuation of the illegal dumping clean-up in 2012. As such, City Administration now presents the attached spending appropriation bill to the Common Council to appropriate additional funds to enable clean-up of certain illegal dumping within the city footprint during the 2012 budget year, commencing on January 1, 2012, The City requests with this appropriation, the sum of $130,000 for the funding of 2, 2-man crews within the Solid Waste Department operation, to perform the clean-up activities. The monies appropriated will cover personnel costs for the crews, equipment operation costs (fuel and repair), landfill tipping fees and other miscellaneous expense. This appropriation will provide funding to operate the additional crew through the end of June 2012. The clean-up program will be evaluated by City Administration and the Council during the second quarter 2012, to make determination of program success, and to determine whether the program will continue in the second half of 2012. The funds will be appropriated from the General Fund, Code Enforcement Department, and reimbursed to the Solid Waste Fund, whose employees will perform the clean-up activities. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 �' City Administration submits this appropriation spending request for 1 �t reading at the December 12, 2011 Council Meeting, 2nd read, public hearing, 3rd read and Council vote at the same January 9, 2012 Council Meeting. City Administration will present this bill to council at the appropriate committee meeting and at the council sessio Regar Gregg kStep ra cc: J. L uecke, Mayor of the City of South Bend John Voorde, Clerk of the City of South Bend Kathleen Cekanski-Farrand, Council Attorney Gary Gilot, Director of Public Works of the City of South Bend Catherine Toppel, Director of Code Enforcement of the City of South Bend o i i'f Gy„d8. 4z i; ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $ 130,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 STATEMENT OF PURPOSE AND INTENT The City has determined that expenditure is required to perform clean-up of illegal dumping that has occurred in the City of South Bend. It is necessary to appropriate the funds to perform the clean-up of illegal dumping. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,as follows: Section I. The sum of$130,000.00 is hereby appropriated and set aside within the Code Enforcement Department of the City General Fund #10 1 for the purpose of defraying the expense necessary to perform the clean-up of illegal dumping activities. Section II. The clean-up activities will be performed and expended by the City Department of Solid Waste Fund#610, with reimbursement of incurred expense from the Code Enforcement Department of the City General Fund #101. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, p Member of the Common Council Attest: c� „'d City Clerk [�yy��{�yg .W y5qFF� �: :, f ti .� • ; council al."Clon a, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 , at o'clock In. Mayor, City of South Bend, Indiana Pw",r:C f i{ARNO. ..... j f t-utt RFD RED PASSED.:.. _... ._ .. ]S 0,.i CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & F INANCE GREGG D.ZIENTARA CONTROLLER December 7, 2011 Mr. Derek Dieter President, South Bend Common CounciR ,� � 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance of the Common Council Creating a New Fund Dear President Dieter: Effective January 1, 2009, the City of South Bend, Indiana and the City of South Bend Redevelopment Commission entered into a Certified Technology Park Agreement with the Indiana Economic Development Corporation. Each redevelopment commission with a certified technology park is required by IC 36-7-32-23 to establish a separate certified technology park fund ("CTP Fund") to receive property tax proceeds, state gross retail and use taxes, and other revenue. Money deposited in the CTP Fund may be used for the acquisition, improvement, construction and maintenance of public facilities, debt service and other permitted uses under IC 36-7-32-23 in connection with a certified technology park. To accomplish this, it is in the best interests of the City of South Bend to establish a City of South Bend Certified Technology Park Fund (#439). Fund 439 will be a capital project fund for financial reporting purposes and will earn interest on outstanding cash balances. Fund 439 will be subject to annual appropriation by the City of South Bend Redevelopment Commission. City Administration submits this appropriation spending request for 151 reading at the December 12, 2011 Council Meeting, 2"d read, public hearing, 3rd read and Council vote at the same January 9, 2012 Council Meeting. City Administration will present this bill to Council at the appropriate committee meeting and at the Council session. Regard M' Gregg t3. entara ._ . . _. • p cc: St phen J. t-uecke, Mayor of the City of South Bend g County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 / Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 0 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) STATEMENT OF PURPOSE AND INTENT Effective January 1, 2009, the City of South Bend, Indiana and the City of South Bend Redevelopment Commission entered into a Certified Technology Park Agreement with the Indiana Economic Development Corporation. Each redevelopment commission with a certified technology park is required by IC 36-7-32-23 to establish a separate certified technology park fund ("CTP Fund") to receive property tax proceeds, state gross retail and use taxes, and other revenue. Money deposited in the CTP Fund may be used for the acquisition, improvement, construction and maintenance of public facilities, debt service and other permitted uses under IC 36-7-32-23 in connection with a certified technology park. To accomplish this, it is in the best interests of the City of South Bend to establish a City of South Bend Certified Technology Park Fund (#439). Fund 439 will be a capital project fund for financial reporting purposes and will earn interest on outstanding cash balances. Fund 439 will be subject to annual appropriation by the City of South Bend Redevelopment Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1 , A City of South Bend Certified Technology Park Fund (#439) is created as the repository of eligible revenue and will be used to pay for eligible expenditures of the certified -technology park. The fund shall be non-reverting and shall be operated in accordance with all legal requirements. The fund shall earn interest on outstanding cash balances and shall be subject to annual appropriation by the City of South Bend Redevelopment Commission. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common ouncil Attest: City Clerk s F ni- '..P Bi: Fr:i Abf N 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 1400 WEST RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC WHEREAS, a petition for personal 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 the area commonly known as 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast comer of the Southwest % of said, section 35, thence South 89 49' 52" West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55' 00"West, 116.24 feet; thence North 00 00' 27"West, 12.00 feet to the North line of a 12 foot alley, thence North 89 55' 00" West along said North line of alley, the East line of Kessler Boulevard, 128.00 feet South 89 55' 18"East of the Northeast addition to the City of South Bend recorded April 6, 1906 in the Plat Book 0,pages 30 and 31; thence South 89 55' 18"East along the South line of King Street, 352.84 feet; thence North 00 00' 27" West, 194.85 feet to a point the cernterline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06' 09"East, 128.81 feet;thence North 89 46' 49"East 287.05 feet to the Westerly Iine of Riverside Drive; thence South 16 37'15"West along a chord subtending said Westerly line of Riverside Drive,455.43 feet to the South line said section 35;thence North 90 00' 00" West along said South.line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the '/ of said section 35; thence North 00 00' 30"West (bearing assumed)along the East line of said Southwest '/ a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00' 30"West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56' 09" West along said South line of Queen Street 176.60 feet,thence North 00 02' 36"Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56' 09"West along said centerline of alley, 131.27 feet; thence South 00 06' 09" West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street;thence South 89 56' 09" West along Allen Street; thence South 00 05' 51"West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58' 27" East along said South line of McCartney Street, 1291 feet; thence South 00 06' 09"West 6.11 feet; thence North 89 56' 09"East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et eec ., and; o� 'v"I 'I 1200 CouNTY-Cmy BUILDING ' // PHONY 5741235-9371 227 W.JEFFERSUN BOULEVARD Wa \� ''' i FAx 574/235-9021 \� PIEA' CE SouTH BEND,INntANA 46601-1830 1865 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECU'rivF DIRECTOR December 22, 2011 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Steel Warehouse Company LLC (1400 West Riverside Drive) Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a personal 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 proposed project calls for the acquisition and installation of manufacturing and material handling equipment to be located at 1400 West Riverside Drive. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at between $1,900,000 and $3,400,000. The project meets the qualifications for a (5)five-year personal property tax abatement and a representative from Steel Warehouse Company LLC will be available to meet with the Committee on Monday, January 10, 2010. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5834. Sincerely, //Vk "I LAVVAI Matthew Sikora Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks CoMMLSNIrr DEVELOPMENT EcONOMIc DEVELOPMENT FINANCIAL&PROGRAM PAMELA C MPYF-R DONALD E.INKS MANAGEMENT 579!235-9661 5741235-9371 ELIZABETH LEONARD FAx: 5741235-9469 5741235-9371 1200 COUNTY-Cr1YBUILDING � \\ � PHONE 574/235-9371 227 W f FFFFRSON BOULEVARD U \` �\ 'r. i/ d FAX 574/235-9021 SOUTH BEND,INIDLAINA 4660 1-1 830 1865 CITY OF SOUTH BEND S"T"EPHEN J. LUECKE•, MAYOR COMMUNITY ECONOMIC EVELOPMEN'T' ,JEFFREY V. GIBNEY EXECUTivh DIRECTOR TAX ABA T"E1VIENT'REPORT' TO: SOUTH BEND COMMON COUNCIL FROM: MATTHEW SIKORA SUBJECT. PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: STEEL WAREHOUSE COMPANY LLC (1400 West Riverside Drive) DATE: December 22, 2011 On December 2, 2010, a petition for personal property tax abatement consideration for property located at 1400 West Riverside Drive was filed with the City Clerk by Steel Warehouse Company LLC. 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 and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition,investigated the area, and makes the following report. PROJECT SUMMARY Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled, low carbon steel. Its operations involve slitting, leveling, pickling, shearing, temper rolling and cold reducing. It also manufactures and supplies profiling parts using its plasma and laser cutting operations. The proposed project — the acquisition of manufacturing and material handling equipment—will enable Steel Warehouse Company LLC to accommodate the increasing demand of its customers for prefabrication parts. COMMUNITY DEVELOPMENT ECONOMrc DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.MEYER DONAix E-INKS MANAGEMENT 5741235-9660 574/235-9371 ELIZADETH LEONARD FAX: 5741235-9469 574!2,35-9371 South Bend Common Council RE: Tax Abatement for Steel Warehouse Company LLC December 22, 2011 Page 2 The total estimated cost of the equipment is $1,900,000 to $3,400,000. Depending on the final value of the equipment to be procured total taxes to be abated during the(5) five-year abatement period are estimated to be between $83,839 (for a project cost of$1,900,000) and $150,028 (for a project cost of$3,400,000). Total additional taxes to be paid as a result of the project during the five-year abatement period are estimated to be between$81,617(for a project cost of$1,900,000) and $146,051 (for a project cost of$3,400,000). EMPLOYMENT IMPACT Per the petition,it is estimated that the project will create ten(10)new,permanent full-time positions with an annual payroll of$314,000. The project will also maintain twenty(20) existing permanent full-time positions with a total annual payroll of$653,793. ABATEMENT QUALIFICATION I. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with the previous tax abatements listed below. Term/Type Resolution No. Date 5 year personal property 116984 June 25, 1984 5 year personal property 1432-86 Sept. 8, 1986 5 year personal property 1674-88 Nov. 28, 1988 10 year real property 1964-92 July 27, 1992 5 year personal property 1965-92 July 27, 1992 10 year real property 2157-94 July 11, 1 994 5 year personal property 2158-94 July 11, 1994 10 year real property 2371-96 June 24, 1 996 5 year personal property 2372-96 June 24, 1996 10 year real property 2496-97 August 25, 1997 5 year personal property 2495-97 August 25, 1997 5 year personal property 2714-99 March 22, 1999 10 year real property 2798-99 Oct.11, 1999 5 year personal property 2896-00 June 26, 2000 10 year real property 2895-00 June 26, 2000 5 year personal property 3035-01 Sept. 24, 2001 10 year real property 3036-01 Sept. 24, 2001 5 year personal property 3380-04 Sept. 27, 2004 South Bend Common Council RE: Tax Abatement for Steel Warehouse Company LLC December 22, 2011 Page 3 5 year real property 3381-04 Sept. 27, 2004 5 year personal property 3382-04 Sept. 27, 2004 5 year personal property 3791-07 Sept. 24, 2007 5 year personal property 3792-07 Sept. 24, 2007 5 year personal property 3793-07 Sept. 24, 2007 5 year personal property 3995-09 Oct. 26, 2009 5 year personal property 4054-10 Oct. 11, 2010 5 year personal property 4055-10 Oct. 11, 2010 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(5)five-year personal property tax abatement under section 2-84.2,Tangible Personal Property Tax Abatement for the 1400 W Riverside Drive location. 0 0 a 0 0 d a O cO M O Cl) C) h O l O O O r- C7 V- CO f) O co M N } N a (D V_ to Un (D OD O � oz a I (D N N N N M N I-- r tf) � da0o o NON OD) CD Q) m CD NNM r- r to O O O O Y r r r Lo to O Z res O (D .- co rt cr d O O � r (D V r D r V' co (o a) > La C f, LO ui L6 M ai r 6 Lo �d r Q LO 'CI' — N N N N v" N N N co CL M LO IT N ® a o A V o 0 a c) a N O N O Ma) X N tf} I- to '7 t o 0) lf) O d d C) O O CD to r (D 1, N N m O [t M LO (D N a O O lf'y 'd_ V M co r M W 1-- O M m OD (p O v V V" N N M Cl) N Cl) OD v� 6d.. � Op o a N NOOOO o r Or 0coco N 3 N u) 00t, Or co a O O d (II Q 0 0 0 (D CD O M M C x! 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QP O o P O O 4 4 O X 00000 O C co x •V h W Q 'x U E co Q C9 LU O ' C � C � N C (4 O M O (} r N M �r U')C b 1 N O j FQ N N U) 7 'Q •Q o o Nn` QQV a_ a_ a. c- c Fu - N Z N 'O O O h O 16 LO (6 ` ; 4 x N 7 _ } w o cz � > Ems- N 0} � R. CIO, fD 0 U > 'rli C U 7 > ID m a) x mm� oa N 0) N 0 � x m m � � tfj m N _N a E Q C ~ (R U U N In Q' Q Q o Z 0 ro 2 z m U Q U E Q tea ¢ E U � = L va) 0 t � (n N L Um- 1 Q ste eh®USe 2722 wesf fucker drive ® p.o. Lox 1377 574-236-5100 soufh Lend, indiana 46624 • 800-348-2529 fax no. 574-236-5154 December 2, 2011 Office of City Clerk County—City Building Room 455 227 W. Jefferson Blvd. F South Bend, IN 46601 r Tax Abatement Proposal Dear Sirs: On behalf of Steel Warehouse Company LLC, I enclose a Petition for Tangible Personal Property Tax Abatement and exhibits thereto, a Statement of Benefits Form and a check to the City of South Bend in the amount of$250.00. Steel Warehouse hereby submits its application for Personal Property Tax Abatement in connection with a project to add new equipment having a value of approximately$19 million to $3.4 million. Steel Warehouse believes that the project will create ten new full time jobs with an annual payroll increase of$314,000 and maintain twenty existing full time jobs with an annual payroll of$653,800. Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled, low carbon steel. Its operations involve slitting, leveling,pickling, shearing, temper rolling and cold reducing. It also manufactures and supplies profiling parts using its plasma and laser cutting operations. The proposed project will enable Steel Warehouse to accommodate the increasing demand of its customers for prefabrication parts. The project qualifies five (5) years Personal Property Tax Abatement under standards established for tax abatement by the City Council. We respectfully request your favorable action on our Petition. Very truly yours, ry F A" , Gerald F. Lerman GL:Id CiTY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT-CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment)tax abatement consideration and pursuant to I.C. 6-I.1-12.1, et. sea., and South Bend Municipal Code Section 2.84-2, et—seq., for this position states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property ("Equipment") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. The project involves acquisition of manufacturing and material handling equipment and construction of an addition to an existing facility of approximately 20,000 square feet of space to house the equipment. The total cast of the project, including the cost of updating the main electrical power distribution switch gear, including primary and secondary feed runs, as well as installation of the new dock leveler, is expected to cast from$2,650,000 to$4,150,000. The project will enable Petitioner to expand its manufacturing base, improve the efficiency of its material handling systems, and increase overall efficiency and productivity of its operations. 2. The project will: (a) create 10 permanent, full-time and permanent, part-time jobs within the first year, representing a new annual payroll of$314,000; and (b) maintain 20 existing, permanent, full-time and existing, permanent, part-time jobs representing an annual payroll of$653,793 for existing employees. 3. Provide current wage information for existing employees including: base rate, cast-of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do Not Include: back pay,jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Positions Full-time$ Part-time$ Laborers and Material Handlers $14.981hr. Machine Operators $15.721hr. Managerial $32.411hr. $11.00 1hr. Administration, Sales, IT and Quality $20.041hr. $. 1.00/hr. 4. The projected annual salary for each new position indicated in item 2 above is estimated to be as follows (Please attach a separate sheet if more space is needed): POSITION EMPLOYMENT WAGE Machine Operator $31,200 Laborers (including crone operators and material handlers) $30,118 2008 $33,209.39 $0 2009 $31,965.48 $0 2010 $31,484,28 $0 2011 $32,404.08 $0 16. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full-time or part-time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time). Petitioner now and in the past has maintained a policy of hiring and promoting without discrimination with respect to race, creed, color or gender. The number of minority full-time employees in the company far the years 2007 through 2011 is as follows: Year Total Number of Employees Total Minority Employees 2007 458 129 2008 506 131 2009 419 gg 2010 557 146 2011 588 145 17. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None 18. What is your best estimate of the market value of the new Equipment after installation? $1,900,000 to 3,400,000. 19. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? Yr1:$22,800 to$40,800; Yr2:$25,536 to$45,696; Yr3:$14,364 to.$25,704; Yr4:$7,296 to$13,056; Yr5:$2,736 to$4,896, 20, What is the commitment your firm will make to minority employment during the five years of tax abatement? Petitioner will continue its policy of hiring and promoting qualified applicants without regard to race, creed, color or gender. 21. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 22. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach a separate sheet if more space is needed)See Schedule A. 23. The standard Industrial Classification (SIC) or North American Industry Classification Systems (NAiCS) major group within which the proposed project would be classified, by number and description is: Major Group 33: Primary Metal Industries. 24. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 5050 25. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: N/A 26. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, #ndustrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. Petitioner may seek jab training assistance for some of the additional personnel to be hired. 27. Describe how and why the manufacturing equipment, research and development equipment, logistical distribution equipment and/or information technology equipment to be replaced or the facility in which the Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: The project involves adding, not replacing, manufacturing equipment into expanded facilities to accommodate such additional manufacturing equipment. In addition, the project involves replacing and updating its existing electrical power distribution system, which currently is insufficient to meet the needs of Petitioner's operation. 28. The new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment to be installed will be used for one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in I,C. 6-1.1-12.1 et seq. and the Equipment was never before used by its owner for any purpose in Indiana. (The signature at the end of this Petition is verification of this statement.) 29. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Gerald F. Lerman Address: 2722 W. Tucker Drive City, State, Zip Code: South Bend, IN 46619 Telephone: (574)236-5100 gerryl @steelwarehouse.net WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Steel Warehouse Company LLC By: (Signed Name) (Typed or printed name and capacity of Signor if signed by an agent or representative of the owner) t Exhibit A Beginning at the Southeast corner of the Southwest 1/4 of said, section 35; thence South 89 49'52"West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55'00"West, 116.24 feet; thence North 00 00'27" West, 12.00 feet to the North line of 12 foot alley;thence North 89 55'00" West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55'18"East of the Northeast addition to the City of South Bend recorded April 6, 1906 in Plat Book 0,pages 30 and 31; thence South 89 55'18"East along the South line of King Street, 352.84 feet; thence North 00 00'27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06'09"East, 128.81 feet; thence North 89 46'49"East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37'15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00'00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the 1/4 of said section 35; thence North 00 00'30" West(bearing assumed) along the East line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00'30"West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56'09" West along said South line of Queen Street 176.60 feet,thence North 00 02'36" Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street;thence South 89 56'09" West along said centerline of alley, 131.27 feet; thence South 00 06'09" West along the East line of Lot 145 in the Third plot of Northwest Addition.recorded March 7, 1907 in Plat Book 9,page 60 in the Office of the St. Joseph County Recorder and its Northerlyand Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56'09" West along Allen Street; thence South 00 05'51" Nest along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58'27"East along said South line of McCartney Street, 12.91 feet; thence South 00 06'09" West 6.11 feet; thence North 89 56'09"East 308.71 feet to the Point of Beginning. ': _j, — - _L11 O4Fl1 OVEN nr[w .N IOVF.P OF fl A Eu UCntl- D >OP fek4] P OOONA OOOP \1 O (19pu L �p • d • w -3f I]J b �E r If 0H o o c o n " SS n h n a V e s i 9 a tv lJ IL �"""�� OvFN'HE ➢: I °"��oAfO 34u�r a I 4 so.r------ I �n f {VE l4 z a f 5Y hIh 1I' � I� 1 �; I Ili ° f h 1 i 1 r_ �_ rt n �t 1 s, �s � t t sz P 1a•s �, -.,s.� x1 s v�� Oil 1 `tit R�¢�� M a f j S q� � i 5 Ctea �•: �4 I C 1 k k yyM, NN pp r�w,ti • � Y S yz`.k,�, Y ia,}}z Y Y)� " t 1 {t xw 4Y4�ii-5'' k3sk1 S ) a� is Y i ti. 1 yz L u-. 4 y MEMO S �S i i C y `iii to � It 1. 3i T� X; 1 ry a-, r3j � § V rt 3.p LJ r � a 4 r Pw� h SEA} Sara :��j k Z ti " Schedule A STEEL WAREHOUSE COMPANY, LLC ABATEMENTS AT NOVEMBER.2011 Resolution # Type Teorn Date RIVERSIDE ABATEMENTS 3792-07 Personal Property Five Year Oct 2007 3995-09 Personal Property Five Year Nov 2009 4054-10 Personal Property Five Year Oct 2010 TUCKED DRIVE ABATEMENTS 3791-07 Personal Property Five Year Oct 2007 3793-07 Personal Property Five Year Oct 2007 4055-10 Personal Property . Five Year Oct 2010 COMPLETED ABATEMENTS 2895-00 Real Property Ten Year July 2000 3035-01 Personal Property Five Year Sept 2001 3380-04 Personal Property Five Year Sept 2004 3382-04 Personal Property Five Year Sept 2004 3482-05 Personal Property Five Year June 2005 E.i December 26,201.1 'Filed IN The Honorable Council of the City of South Bend 4'h Floor, County-City Building 277 W.Jefferson Blvd. South Bead, Indiana 46601 Re: Proposal to request a Zone Change to the Area of 4901 Greenleaf Lane, South Rend, Indiana 46619 From SF1 to MF1 Public Hearing, the following will be considered: A proposed ordinance of Dr. Rosemary Agnew to zone from SF1 Single Family and Two Family District to MF1 Urban Corridor Multi Family District, property located at 4901 Greenleaf Lane, City of South Rend APC #2613.11 Presented: Tuesday,December 20,2011 Please allow this letter to serve as my official notice to withdraw the above mentioned petition. I have no plans of pursuing this matter, nor take it to another level, at this time. I thank you for your consideration thus far. Best regards, 7 Dr. Rosemary Agnew, Property Owner ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4909 GREENLEAF LANE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Now zoned as single family living and other activities associated with that use. "SF2" is limited to single-family occupancy, not exceeding two (2) unrelated individuals living in a unit. The proposed use of the new zoning is for an Urban Corridor Multiple Family district. "MFI" providing transitional housing for individuals who have become emancipated adults. Our goal is to provide adults with life skills training and information to ensure successful independent living. I will also be applying for special exception of group residence. 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: Lot numbered Seventy-six (76) as shown on the recorded Plat of Mayflower Second Unit, and addition to the City of south Bend, St. Joseph County, State of Indiana. be and the same is hereby established as MF1, Urban Corridor Multiple-Family District. SECTION Il. 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. Member of the Common Council Date Filed Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. l) The property sought to be rezoned is located at: 4901 Greenleaf Lane, South Bend, Indiana 46619 2) Name and address of property owner(s)of the petition site: Dr. Rosemary Agnew 4901 Greenleaf Lane, South Bend Indiana 574234-7987 4) It is desired and requested that this property be rezoned from SF1 to MF1 S) This rezoning is requested to allow the following use(s): To provide transitional housing for individuals who have become emancipated adults. Our goal is to provide these adults with life skills training and information to ensure successful independent living. I will also be applying for special exception for group residence. b) Attached is a copy of(a)legal description of the property; (b)seventeen (17)preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a loc Lion map, if available, drawn to scale, which includes street names,printed in 8%"x 11" format. PETITION PREPARED BY: CONTACT PERSON: (If different) Dr. Rosemary Agnew 4901 Greenleaf rLn� S thth Bend Indiana Filed lil 574-234-7987 �, J / �v 9 7 G `� drragnew(a?aol.com / oCT 1 C Ty � Steven E.Weaver 3321 Mishawaka Avenue South Bend,Indiana 46615 V 574.310.7487 20 December 2011 To Whom it May Concern: I wish to table my request until January 23,2012 for rezoning of the following property. LOT NUMBERED THREE HUNDRED SIXTY-SIX(366)AS SHOWN ON THE RECORDED PLAT OF COLONIAL GARDES,AN ADDITION TO THE CITY OF SOUTH BEND,RECORDED JULY 19,1922 IN PLAT BOOK 10,PACE 200,IN THE OFFICE OF THE ORDER OF S .JOSEPH COUNTY,INDIANA. Steven E.Weaver Staff Comments: A variance for the front yard setback on 34th Street will need to be applied for from the Area Board of Zoning Appeals. Commitments: None proposed. 5 Criteria(per IC 36-74-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan{November 20061 .. _ ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Plan identifies the area along Mishawaka Avenue as medium density residential. Plan Implementation/Other Plans: River Park Nei bor hood Peese ment Plan(February 1997) One of the six goals i "encourage maintenance o,.... ,u rvahon and Improve g f housing and properly" C: of South Bend River Park -Neighborhood Mishawaka Avenue Street Sc e Beautification Plan(November 1998) The east sector(31st Street to Logan Street)was identified:as mixed use. While remaining mostly residential, many of the single-family homes have been converted to office uses or rental properties. 2. Current conditions and character Mishawaka Avenue is a mix of residential, retail and service businesses. 3. Most desirable use: The most desirable use is a single family home or an office. 4. Conservation of property values: This rezoning will not affect surrounding property values. 5. Responsible development and growth: It is responsible development and growth to allow the adaptive re-use of properties along Mishawaka Avenue. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The return the building to its original use as a home is compatible with the neighboring properties,and the general mixed use of the Mishawaka Avenue corridor. r Striven E. Weaver #2617-11 Page 2 of 2 Date Filed Application No. Date received by the Area flan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indianaa to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address 3321 Mishawaka.Avenue, South Bend,Indiana 46615 2) Name and address of property owner(s)of the petition site: Steven E Weaver 3321 Mishawaka Avenue, South Bend, Indiana.46615 574.310.7487 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned from OB Office Buffer District to S172 Single Family&Two Family District 5) This rezoning is requested to allow the following use(s): I reside in the home located at this address. 6) Attached is a copy of(a) legal description of the property; (b) a statement of purpose and intent; (c)a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 et of the petition property(e) a location map, if available, drawn to scale, which includes eet n,amey96ted in 81/2'' x 11"format. Signature s of Yr6ga ownex(8) or Attorne for all roe Ou�er s PETITION PREPARED BY: CONTACT PERSON: (If different) Steven E Weaver Same 3321 Mishawaka Avenue, South Bend,In Email Address: sweaverl9600agmail.com F Filed in In lOrk tZ N'0V '� 2011 c C1 ily JO NMNFJ C+ta��,p�SL soUr�j F •n m m F V tl f..,. �+3�1 "° .::;_ Kati ��� � Ls�.,�rz• ',.� \ � v gd S3 O 4 A � a S as e q p O A N 1� p o e N R e �S 4ib£ w R ,An w wy r ro teqen .- 1� � n i s p p tl m � t b b w nn � yy r p tl q tl tl tl � � 4 r 4 O S O S O o d O 6 D q PARCELID NAME—1 MAILINGADD MAILINGCIT MAILINGS MAILt TA NGZIP ACOSTA PATRICK AMERICO&DONNA 018-6054-1800 SKELTON 19514 Crown Commons Dr Crown Point IN 46307 HULLINGER JAMES L AND JENNIFER H REVOCABLE LIVING 018-6057-1966 TRUST 3222 Mishawaka South Bend IN 4661 STRUCTURE 018-6054-1786 1CONSTRUCTION LLC 1914 33RD St South Bend IN 4661 DOUG GARRETT 018-6054-1798 PROPERTIES LLC 3617 Mishawaka Av South Bend IN 46615 018-6054-1822 QUICK EMMA LOUISE 913 S 35th St South Bend IN 4661 YEAKEY WALLACE E 018-6096-3404 JR 824 S 34TH ST South Bend IN 4661 HUNT JON R TESTAMENTARY TRUST FBO CHARLOTTE E HUNT DOUGLAS A HUNT 018-6091-3236 TRUSTEE 51559 Stapleford Ct Granger IN 46530 018.6089-3158 SCHNAAK NICOLE L 837 S 33rd St South Bend IN 46615 COLT LARRY D 018-6091-3215 ELIZABETH J i 3317 Mishawaka Av South Send IN 46615 018-6091-3216 WEAVER STEVEN E i426 S Sheridan St South Bend IN 4651 MCDONALD ROBERT N 018-6091-3214 AND HELEN A 2949 Jamestown Ct N Mishawaka IN 46545 PUGH STEPHEN T& 018-6091-3212 ELIZABETH A 53144 SONVALE DR South Bend 1N 46635 PUGH MICHAEL D. 0186099-3213 AND SHARON M. 3309 Mishawaka Ave South Bend IN 4661 018-6091-3211 MORTH ANN D 12266 Jefferson Blvd, Mishawaka IN 46545 DAVIS DAVID D& LUNSFORD DAVIS 018-6089-3156 PATSY 3221 Mishawaka Av South Bend IN 4661 HARMON SCOTT H& 018-6054-178801 LISA S 924 S 33rd St South Bend IN 46615 MCKENNA CHARLES ROBERT AND SANDRA 018-6054-1799 A 917 S 34th St South Bend IN 4661 STRUCTURE 018-6054-178701 CONSTRUCTION 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Bend IN 46515 Fled in Clerk's Office NQV `4 9 20,11 JOHN 5jok,ni CITY CLERIC,SOUTI-PAND,IN JOHN W. BYQRNI EXECUTIVE DIRECTOR AW LARRY MAGLIOZZI q1 DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W JEFFERSON BLVD. ROOM 1 f40 COUNTY CITY BLDG. SOUTH BEND,INDIANA 46601 (574)2.35-9571 December 21,2011 s The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of South Bend Heritage Foundation,et.al.to zone from PUD Planned Unit Development District, SF2 Single Family and Two Family District,GB General Business District, MP1 Urban Corridor Multifamily District and MF2 High Density Multifamily District to PUD Planned Unit Development District, property located at northeast corner of South Bend Avenue and Georgiana Street,extending north to Napoleon Street and extended east to the east side of Duey Street,City of South Bend-APC#2616-11 Dear Council Members: I hereby Certify that the above referenced ordinance of South Bend Heritage Foundation,et.al.was legally advertised on Thursday, December 8,2011 and that the Area Plan Commission at its public hearing on Tuesday,December 20, 2011 took the following action: Upon a motion by John McNamara, being seconded by Dan Brewer and unanimously carried, the proposed ordinance of South Bend Heritage Foundation,et.al.to zone from PUD Planned Unit Development District,SF2 Single Family and Two Family District,GB General Business District,MF 1 Urban Corridor Multifamily District and MF2 High Density Multifamily District to PUD Planned Unit Development District,property located at northeast comer of South Bend Avenue and Georgiana Street, extending north to Napoleon Street and extending east to the east side of Duey Street,City of South Bend is sent to the Common Council with a favorable recommendation.The idea of revitalizing this area with new homes began in 2003 as part of the Northeast Neighborhood Development Area Plan. One of the goals of that plan was to increase and maintain home ownership. The PUD gives the flexibility for houses to sit closer to the road and lot coverage to increase by 10%over what would be allowed in the SF2 District.This project is designed to be integrated into the success of the overall development in the area. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, " u„W. GU 41PAAA� n W. Byorni JWB Jsc Attachment CC: South Bend Heritage Foundation,et.al. Daneh Harper&Associates SERVING:ST.JOSEPH COUNTY.SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND www.stiosepheou ntyi n dia na.corn/Amaplan Staff R"ort APC# 2616-11 Owner: South Bend Heritage Foundation, et. al. Location: Northeast corner of South Bend Avenue and Georgiana Street, extending north to Napoleon Street and extended east to the east side of Duey. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from PUD Planned Unit Development District, SF2 Single Family and Two Family Districts, GB General Business District, MFl Urban Corridor Multifamily District and MF2 High Density Multifamily District to PUD Planned Unit Development District to allow a single family residential development. Land Uses and Zoning: On site: On site is mostly vacant land with the exception of two houses. North: To the north is a residential component of the Eddy Street Commons development,currently planned for townhomes. East: To the east are the South Bend Avenue Apartments zoned MF2 High-Density Multifamily District. South: To the south is a restaurant zoned MU Mixed Use District and several homes zoned MFl Urban Corridor Multifamily District. West: To the west is a largely vacant block with two houses. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site plan description: The total area to be rezoned is 12.14 acres. Fifty three lots are proposed for single family homes, at a density not to exceed 7.5 units per acre. Each lot will be at a minimum of 4,000 square feet. The front setback has been set at 15'. Two new open areas are proposed: in the right-of-way of Burns Street, and in the southwest corner of the site (Outlot A). Parking will be provided in the garages, driveways and on the street. Streets will be wide enough to allow two lanes of traffic and one lane of parking. Duey Avenue will turn to meet up with Talbot Street. A new street, parallel with South Bend Avenue, is proposed. The project will closely replicate traditional urban neighborhoods with the houses close to the street and garages to the rear. Zoning and land use history& trends: Prior to 2004, this area was primarily zoned A Residential, with a few exceptions along South Bend Avenue. South Bend Heritage Foundation, et. al. #2616-11 Page 1 of 3 Tragic and transportation considerations: Georgiana Street, Burns Street and Duey Avenue are two lane streets, which will be partially realigned. The proposed streets will be two lanes. Several street and alley vacations have been submitted,to accommodate the new street alignments. Utilities: All the lots will be connected to public water and sewer. Additional information: (Agency comments) The Building Department notes this area falls into the Northeast Neighborhood Development Area(Section 21-06.03 of the South Bend Zoning Ordinance) Commitments: This development will be held to the development standards noted on the site plan. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Qy Plan South Bend Comprehensive Plan(November 2004 LU 2.1: Encourage developers to use planned unit and traditional neighborhood development models to promote land uses along major corridors and other locations identified on the Future Land Use Map. H 8: Promote home ownership within city limits. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation/Other Plans: Northeast Neighborhood Development-Area Plan December 2003 One of the sub-areas identified for development was the Georgiana-Talbot Residential Redevelopment Area. Site assemblage, clearance and new housing construction is recommended for as much land as is practicable within the sub-area. The Projected Land Use flan identifies the properties along South Bend Avenue as mixed use and the rest as single family home redevelopment. 2. Current conditions and character: Eddy Street Commons, directly to the north, is a successfully developing multi-use project, with a mixture of residential and business uses. This project is designed to be integrated into the success of the overall development in the area. 3. Most desirable use: The most desirable use, according to both City Plan and the Northeast Neighborhood Development Area Plan, is residential. 4. Conservation of property values: New construction would likely have a positive and stabilizing effect on property values. 5. Responsible development and growth: It is responsible development and growth to follow the previously approved Plans for the neighborhood. South Bend Heritage Foundation, et. al. #2616-11 Page 2 of 3 Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The idea of revitalizing this area with new homes began in 2003 as part of the Northeast Neighborhood Development Area Plan. One of the goals of that plan was to increase and maintain home ownership. The PUD gives the flexibility for houses to sit closer to the road and lot coverage to increase by 10% over what would be allowed in the SF2 District. This project is designed to be integrated into the success of the overall development in the area. South Bend Heritage Foundation, et. al. #2616-11 Page 3 of 3 ZZ Z. Napoleon 13 ui LL Howard Howard ........... ... hu M.0 Curb 16 Mu ML I vi ............ Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT, "GB" GENERAL BUSINESS DISTRICT, "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT, "PUD" PLANNED UNIT DEVELOPMENT DISTRICT,, & "MF2' HIGH-DENSITY MULTIFAMILY DISTRICT to "PUD" PLANNED UNIT DEVELOPMENT DISTRICT N ME M UTH BEND*='ZINGLE FAISILYAND'MR10 FAYSILY DWrRrT W E MUTH FORD%IF l'URC�ROORRIDOfLfIULnfA:.IILYDLTPO�T M VTK BEND'PIFZ'HiaR'Or;OZITY91OLTIfAISILYDUMF,T s MUTH BEND 7,1043KED USE09MICT ...... a)OTH DENO T.01GENSPALSUOMOSS P-*'rFLrT 1 inch 300 feet MUTIf RON D'FVD'FL-%NN SOUNIT DEVELO PCIENT MUTH ROAD V 90 rVER.-M DOTPIOT APC # 2616-11 r' 1. Name & Address 2. From the beginning I have biggest stake in triangle (Home and Income) 3. I gave the name Triangle for the new project 4. I lived ray whole life in the Five Point area S. I worked at AM General for 25 years 6. l left AM General to buy the family business and keep the business operating 7. Harris Liquor Store oldest black business for 56 years in South Bend g. My parents and I work with the community during the past 56 years 9. Harris family fed some athlete on holidays who were unable to go home for the short time school is close 10. when Triangle started I was always a team player 11. Few years back the State wanted to close Duey, Burns, and Georgiana 12. Police and Fire department against closing and I was asked to speak against closing also 13. A person bought property around my property and wanted to close the alleys for his personal reasons 14. NNRO was not ready to close alleys at that time 15. Being the only home owner I was asked again to open the doors for NNRO to stop the closing of alleys at that time 16. Now the NNRO want to close Georgiana off at two locations 17. dosing Georgiana at the corner of South Bend Ave would create hardship to my delivery, customers and my business 18. Parking for delivery and customers would be hard if both delivery and customers came at the same time 19. Putting a L shape turn running Georgiana parallel with South Bend Ave would stop me from getting to my resident 20, Using the alley would turn my visitors and me to become Alley Rats 21. Later date ND would want to close alley on the Westside of Georgiana 22. Closing alley on the Westside of Georgiana would leave me no way in or out COMMENTS OF APC ##2616-11 Dec. 20, 2011 Mr. lames 0. Harris 1126 South Bend Agee South Fend, IN 46617 Phone Number 233-0362 a z/zo�i f ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER'S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH'S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER'S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTHIS PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , AND IS PRESENTLY ZONED "PUD" PLANNED UNIT DEVELOPMENT DISTRICT, ""SF21T SINGLE FAMILY AND TWO FAMILY DISTRICT, ""GB" GENERAL BUSINESS DISTRICT, "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT AND "MF2" HIGH DENSITY MULTIFAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "PUD" PLANNED UNIT DEVELOPMENT DISTRICT TO ALLOW FOR THE CONSTRUCTION OF SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 19 OF "HARTMAN AND WOODWORTH'S PLAT", THE PLAT OF WHICH IS RECORDED IN PLAT BOOK #7, PAGE #30 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE ALONG THE EAST LINE OF SAID LOT NUMBER 19, S. 00 0211111" E. , 196.76 FEET TO THE INTERSECTION OF THE EXTENSION OF SAID EAST LINE WITH THE CENTERLINE OF SOUTH BEND AVENUE (A.K.A. STATE ROAD 23) ; THENCE ALONG SAID CENTERLINE, S. 510051041' W. , 1010.75 FEET TO THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF GEORGIANA STREET; THENCE ALONG SAID CENTERLINE OF GEORGIANA STREET, N. 00 020140" W. , 985.38 FEET TO A POINT ON SAID CENTERLINE AND WESTERLY EXTENSION OF THE NORTH LINE OF LOT NUMBER 70 OF "HARTMAN AND MILLERS" PLAT WHICH IS RECORDED IN PLAT BOOK #7 PAGE # 29, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF LOT NUMBER 70, N. 8905011811 E. , 621.17 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUEY STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT #10 OF SAID "HARTMAN AND WOODWORTH'S PLAT"; THENCE ALONG THE EAST LINE OF SAID DUEY STREET FOR THE NEXT THREE (3) COURSES, N. 00019'3091 W. , 80.00 FEET AND N. 89 050'18" E. , 11. 69 FEET AND N. 0003814911 E. , 46.91 FEET TO THE SOUTH LINE OF NAPOLEON STREET; THENCE S. 89 021 '11" E. , 117.11 FEET TO A POINT OF INTERSECTION OF SAID 2 LINE WITH THE EAST LINE OF A 12 FT. PUBLIC ALLEY EXTENDED NORTH; THENCE ALONG THE EAST LINE OF SAID ALLEY AND ITS NORTHERLY EXTENSION, S. 00°201461" E. , 278.62 FEET TO A POINT AT THE NORTHWEST CORNER OF LOT NUMBER 19 OF SAID "HARTMAN AND WOODWORTH'S PLAT"; THENCE ALONG SAID NORTH LINE, N. B9 054151" E. , 39.29 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: LOTS # 79 AND #80 OF THE PLAT OF "HARTMAN AND MILLERS" SUBDIVISION WHICH IS RECORDED IN PLAT BOOK #7 PAGE # 29, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. CONTAINING 12.14 ACES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "PUD" PLANNED UNIT DEVELOPMENT DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL ATTEST: CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF 2 AT O'CLOCK . M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF 2 AT O'CLOCK .M ' . MAYOR, CITY OF SOUTH BEND, INDIANA J3LIC !i:,l-,VG rJ 1\SS!-:D DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1) . THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER'S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH'S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , SOUTH BEND, INDIANA 46617 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13T' FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 SOUTH BEND REDEVELOPMENT COMMISSION 227 W. JEFFERSON BLVD. 12W FLOOR COUNTY-CITY BUILDING FIVE CORNERS L.L.C. SOUTH BEND, INDIANA 46601 814 MARIETTA ST SOUTH BEND, IN 46601 SAMUEL & BETTY KARIUKI WAYNE CURRY, JR. 1056 BURNS ST. 1050 BURNS STREET SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46617 NORTHEAST NEIGHBORHOOD UNIVERSITY OF NOTRE DAME DULAC REVITALIZATION ORGANIZATION 910 FLANNER HALL 803 LINCOLNWAY WEST NOTRE DAME, INDIANA 46556 SOUTH BEND, INDIANA 46616 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: N/A 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: 2 FROM: "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT "GB" GENERAL BUSINESS DISTRICT "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT "MF2" HIGH DENSITY MULTIFAMILY DISTRICT TO: "PUD PLANNED UNIT DEVELOPMENT DISTRICT 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. 6) . ATTACHED IS A COPY OF (A) LEGAL, DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '6z" x 11" FORMAT. FOR: FOR: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13TH FLOOR COUNTY-CITY BUILDING 289-1066 SOUTH BEND, INDIANA 46601 235-9251 FOR: SOUTH BEND REDEVELOPMENT COMMISSION f` 227 W. JEFFERSON BLVD. 12TH FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 235-9371 gq FIVE CORNERS L.L.C. 814 MARIETTA STREET SOUTH BEND, IN 46601 233-1296 SAMUEL KARIUKI BETTY KARIUKI 1056 BURNS ST. 1056 BURNS ST. SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46616 289-6032 289-6032 3 pv-i� vy> FOR: f WAYNE CURRY, JR. NORTHEAST NEIGHBORHOOD 1050 BURNS STREET REVITALIZATION ORGANIZATION SOUTH BEND, INDIANA 46617 803 LINCOLNWAY WEST 288-1375 SOUTH BEND, INDIANA 46616 289-1066 PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT) : DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574) -234-4003 Filed in Office 1 f CiTy CLERK, "w�: t' D _�.. DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1) . THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER'S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH'S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , SOUTH BEND, INDIANA 46617 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13 TI FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 ELVIS WILLIS SOUTH BEND REDEVELOPMENT 22869 STATE ROAD 23 COMMISSION SOUTH BEND, INDIANA 46614 227 W. JEFFERSON BLVD. 12TH` FLOOR COUNTY-CITY BUILDING FIVE CORNERS L.L.C. SOUTH BEND, INDIANA 46601 814 MARIETTA ST SOUTH BEND, IN 46601 SAMUEL & BETTY KARIUKI WAYNE CURRY, JR. 1056 BURNS ST. 1050 BURNS STREET SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46617 NORTHEAST NEIGHBORHOOD UNIVERSITY OF NOTRE DAME DULAC REVITALIZATION ORGANIZATION 910 FLANNER HALL 803 LINCOLNWAY WEST NOTRE DAME, INDIANA 46556 SOUTH BEND, INDIANA 46616 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: N/A 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: 2 FROM: "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT "GB" GENERAL BUSINESS DISTRICT "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT "MF2" HIGH DENSITY MULTIFAMILY DISTRICT TO: "PUD PLANNED UNIT DEVELOPMENT DISTRICT 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 %" x 11" FORMAT. FOR: FOR: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13TH FLOOR COUNTY-CITY BUILDING 289-1066 SOUTH BEND, INDIANA 46601 235-9251 ELVIS WILLIS FOR: 22869 STATE ROAD 23 SOUTH BEND REDEVELOPMENT SOUTH BEND, INDIANA 46614 COMMISSION 233-7457 227 W. JEFFERSON BLVD. 12TH FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 2359371 FOR: FIVE CORNERS L.L.C. 814 MARIETTA STREET SOUTH BEND, IN 46601 233-1296 SAMUEL KARIUKI BETTY KARIUKI 1056 BURNS ST. 1056 BURNS ST. SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46616 289-6032 289-6032 3 FOR: WAYNE CURRY, JR. NORTHEAST NEIGHBORHOOD 1050 BURNS STREET REVITALIZATION ORGANIZATION SOUTH BEND, INDIANA 46617 803 LINCOLNWAY WEST 288-1375 SOUTH BEND, INDIANA 46616 289-1066 Jo A. Sejdinaj, VP Fi ce FOR: UNIVERSITY OF NOTRE DAME DULAC 910 PLANNER HALL NOTRE DAME, INDIANA 46556 631-9979 C PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT) : RANCH, HARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 4662$ PHONE NUMBER (574) -234-4003 Filed in Office jo CITY CLERK' PY RATE FILED APPLICATION NO. DATE RECEIVED BY AREA FLAN COMMISSION I (WE) THE UNDERSIGNED MAKE ,A,PPLICATION TO THE COMMON COtUCIL OF THE CITY OF SOUTH SEND, INDIANA TO AMEND THE BONING ORDINANCE AS HEREIN REQUESTED. :L) . THE PROPERTY SO'ur.HT TO BE REZONED I3 LOCATED: PROTERTY BOUNDED AS FOLLOWS- ON THE WEST :SIDE BY THE C/L GEORGIANA STREET, ON THE WORTH BY LOTS 71, 74, 107 & '110 OF HARTMAN & MILLER'S PLAT & NAPOLEON STREET, ON THE .E'AS'T BY LOTS 13-1B & 20 OF HARTMAN & WOODWORTH'S PLAT AND ON THE SOUM BY SOUTH BEND AVENUE JA.K.A. S.R. # 23) , SOUTH BEND, INtDIAXA 46517 2) . NAME AND ADDRESS OF PROPERTY OWNERS) OF THE PETITION SITE: SOUTH BENZ? HERITAGE .FO 4DATION CITY OF .SOUTH .SEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46516 131" FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 ELVIS WILLIS SOUTH BEND REDEVELOPbMIT 22.868 STATE ROAD 23 COMMISSION SOUTH BEND, INDIANA 46614 227 W. JEFFWRSON BLVD. 12" FLOOR COUNTY-CITY BUILDING FIVE CORNERS L.L.C. SOUTH BEND, INDIANA 46601 814 MARIETTA ST SOUTH BEND, IN 46601 SAMUEL & BETTY .KAR.IMI 'WAYNE CURRY, JR. 1056 BURNS ST. 1050 BURNS STREET SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46617 NORTHEAST NEIGHBORHOOD REVITALIZATION •ORGxDN'I:ZATZON 803 LINCOLNWAY WEST SOUTH BEND, INDIANA 46616 3) .NAXE AND ADDRESS OF CONTINGENT .PURCHASER(S) , IF APPLICABLE: NIA 4) . IT IS DESIRED AND RECURSTED THAT THIS PROPERTY BE REZONED= 2 FRO14: ' SF'2" SINGLE FAMILY AND TWO FAMILY DISTRICT "OB" GENERAL BUSINESS DISTRICT "XF1" MU3 N CORRIDOR WJL'TIFAMILY DISTRICT "MF2" HIGH DENSITY MULTIFAMILY DISTRICT TO: "PUP PLANNED =T DEVELOPMENT DISTRICT 5) .. THIS REZGNrNG IS REQUESTED TO ALLOW THE FOLLOWING USE(S) A) . SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. 6) . ,ATTACHED IS A COPY OF (A) LE<;AAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (173 PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES ,3'i'i+ND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NI3 MER5 FOR ALI. PROPERTIES WITHIN 300 FEET OF THE PETITION PROPURTY; AND (E) ADDRE$SBD, STAMPED BNVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETI'T'ION PROPERTY 4F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRIN'T'ED] IN 8 Vk" X 11" FORMAT. FOR: FOR. SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BRWD 803 LINCOL-NWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 461616 13T--c FLOOR COUNTY-CITY BUILDING 289-1066 SOUTH BEND, INDIANA 46601 235-9251 ELVIS WILLIS FOR: 22869 STATE ROAD 23 SOUTH BEND RED EVBLOPKENT SOUTH BEND, INDIANA 46614 COMMTSSTON 233-7457 227 W. JEFFERSON BLVD. 12r" FLOOR C{DN- TY-CITY BUILDING $OXJTH BEND, INDIANA 46601 235-9371 FOR FIVE CORNERS La L.C, 814 MA-RIETTA STREET SOUTH BED. N 46601 233- J 1 5 CJ SETT &{ARIUKI 1056 BURWS ST. 1056 BURNS ST. SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46616 2810-6032 289-6032 FOR- W-AY N NORTHEAST NEIGHBORHOOD 1050 REVI TALI Z.A3'1 ON iFiENDY INDI . 4.6617 803 1,TNCOX.NWAY WEST 2 8 8--1 3'7 5 SOUTE BEND, INDIANA 46616 289.,1066 PETITIONED PREPARED BY: CONTACT PERSON. (IF DT7FERENT) DA CH, HARNER & ASSOCIATES 1643 COKMERCE DRIVE SOUTH BEND, INDIANA 46628 ' iONE NUMBER (574) -234-4003 Filed in ffice r C c:j ITY CLEFwK,s0k$';fi SEND)IN 2-2 _'__j LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CI'T'Y OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 19 OF "HARTMAN AND WOODWORTH'S PLAT", THE PLAT OF WHICH IS RECORDED IN PLAT BOOK #7, PAGE #30 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE ALONG THE EAST LINE OF SAID LOT NUMBER 19, S. 00 021 '11" E. , 196.76 FEET TO THE INTERSECTION OF THE EXTENSION OF SAID EAST LINE WITH THE CENTERLINE OF SOUTH BEND AVENUE (A.K.A. STATE ROAD 23) ; THENCE ALONG SAID CENTERLINE, S. 51°05'04" W. , 1010.75 FEET TO THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF GEORGIANA STREET; THENCE ALONG SAID CENTERLINE OF GEORGIANA STREET, N. 00 020'40" W. , 985.38 FEET TO A POINT ON SAID CENTERLINE AND WESTERLY EXTENSION OF THE NORTH LINE OF LOT NUMBER 70 OF "HARTMAN AND MILLERS" PLAT WHICH IS RECORDED IN PLAT BOOK #7 PAGE # 29, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF LOT NUMBER 70, N. 89 050'18" E. , 621.17 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUEY STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT #10 OF SAID "HARTMAN AND WOODWORTH'S PLAT"; THENCE ALONG THE EAST LINE OF SAID DUEY STREET FOR THE NEXT THREE (3) COURSES, N. 00°19'30" W. , 80. 00 FEET AND N. 89 050 '18" E. , 11.69 FEET AND N. 00 038149" E. , 46. 91 FEET TO THE SOUTH LINE OF NAPOLEON STREET; THENCE S. 89 021 '11" E. , 117.11 FEET TO A POINT OF INTERSECTION OF SAID LINE WITH THE EAST LINE OF A 12 FT. PUBLIC ALLEY EXTENDED NORTH; THENCE ALONG THE EAST LINE OF SAID ALLEY AND ITS NORTHERLY EXTENSION, S. 00 020146" E. , 278. 62 FEET TO A POINT AT THE NORTHWEST CORNER OF LOT NUMBER 19 OF SAID "HARTMAN AND WOODWORTH'S PLAT"; THENCE ALONG SAID NORTH LINE, N. 89°54'51" E. , 39.29 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: LOTS # 79 AND #80 OF THE PLAT OF "HARTMAN AND MILLERS" SUBDIVISION WHICH IS RECORDED IN PLAT BOOK #7 PAGE # 29, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. CONTAINING 12.14 ACES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. .mom+•• Property Owners Within 300 Feet Kamilla Kapacinska& Greg Horning City of South Bend Five Comers LLC 1126 Frances St 227 W Jefferson Blvd.Ste.1200 814 Maietta St South Bend,. IN. 46617 South Bend, IN. 46601 South Send, IN. 46601 Tax Key#018 5105 3677 Tax Key#018 5097 3446 Tax Key#018 5100 3539 Northeast Neighborhood Northeast Neighborhood University of Notre Dame Du Lac Revitalization Organization Inc. Revitalization Organization Inc. 725 Grace Hall 803 LinconWay West 803 LinconWay West Notre Dame, IN. 46556 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key#018 5101 3565 Tax KPv#n1R F1n1 iFiRR TRY Kau*n 1 R 51n1 343.1 University of Notre Dame Du Lac City of South Bend Northeast Neighborhood 725 Grace Hall 227 E Jefferson Blvd. Revitalization Organization Inc Notre Dame, IN, 46556 South Bend, IN. 46601 803 LincolnWay W Tax Key#018 5101 3564 Tax Key#018 5100 3537 South Bend, IN. 46616 TRY KPv It 018 ;;1no RSRR Northern Neighborhood Samuel & Betty Kariuki University of Notre Dame Du Lac 803 LincolnWay W 1056 Burns 725 Grace Hall South Bend, IN.46616 South Bend, IN. 46617 Notre Dame, IN. 46556 Tax Key#018 5099 3492 Tax Key#018 5099 3493 Tax Key#018 5098 3457 James O Harris Northwest Neighborhood Northwest Neighborhood 1125 South Bend Ave Revitalization Organization Inc Revitalization Organization Inc. South Ben, IN. 46617 803 LincolnWay W 803 LincolnWay W Tax Key#018 5098 3458 South Bend, IN. 46616 South Bend, IN. 46616 TRY KPv*n 1 R .r,ion 3.xi41 Tax KPv#01 R 51 nn IS47 University of Notre Dame Du Lac University of Notre Dame Du Lac City of South Bend 725 Grace Hall 725 Grace Hall 227 W Jefferson Blvd. Notre Dame, IN. 46556 Notre Dame, IN. 46556 South Bend, IN. 46601 Tax Key#018 5101 3567 Tax Key#018 5101 3568 Tax Key#018 5100 3540 Five Corners LLC University of Notre Dame Du Lac Johnnie R Johnson 814 Marietta 725 Grace Hall 1124 N Eddy South Bend, IN. 46601 Notre Dame, IN. 46556 South Bend, IN. 46617 Tax Key#018 5095 3351 Tax Key#018 5105 3690 Tax Key#018 5101 3552 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN, 46556 Tax Key#018 5100 3526 Tax Key#018 5101 3553 Tax Key#018 5100 3527 City of South Bend Northeast Neighborhood Northeast Neighborhood 227 W Jefferson Blvd. Ste.1200 Revitalization Organization Inc Revitalization Organization Inc South Bend, IN. 46601 803 LincolnWay W 803 LincolnWay W Tax Key#018 5097 3422 South Bend, IN. 46616 South Bend, IN, 46616 TRY KPv#n 1 5nG7 R44R Tax KPv it n1 .FOW 344A University of Notre Dame Du Lac Joanne Murphy Trustee University of Notre Dame Du Lac 725 Grace Hall 7984 June Lake Drive 725 Grace Hall Notre Dame, IN. 46556 San Diego, CA. 92119 Notre Dame, IN. 46556 Tax Key#018 5105 3692 Tax Key#018 5105 3694 Tax Key#018 5105 3695 City of South Bend Redevelopment University of Notre Dame Du Lac University of Notre Dame Du Lac 227 W Jefferson 12th door 725 Grace Hall 725 Grace Hall South Bend, IN. 46601 Notre Dame, IN, 46556 Notre Dame, IN. 46556 Tax Key#018 5099 3502 Tax Key#018 5098 3463 Tax Key#018 5098 3464 Northeast Neighborhood Northeast Neighborhood University of Notre Dame Du Lac Revitalization Organization Inc. Revitalization Organization Inc. 725 Grace Hall 803 LincolnWay W 803 LincolnWay W Notre Dame, IN. 46556 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key#018 5098 3455 Tax KPv*n1R .ringq 39ii14 Tax Kav#n1R 5n9.1 '4489 University of Notre Dame Du Lac South Bend Heritage Foundation City of South Bend Redevelopment 725 Grace Hall 803 LincolnWay W 227 W Jefferson Notre Dame, IN. 46556 South Bend, IN. 46616 South Bend, 1N, 46601 Tax Key#018 5105 369701 Tax Key#018 5099 3499 Tax Key#018 5099 3498 University of Notre Dame Du Lac Wayne N Curry Jr, University of Notre Dame Du Lac 725 Grace Hall 1050 Burns St 725 Grace Hall Notre Dame, IN. 46556 South Bend, IN. 46617 Notre Dame, IN. 46556 Tax Key#018 5098 3462 Tax Key# 018 5099 3500 Tax Key#018 5098 3461 State Of Indiana Northeast Neighborhood Northeast Neighborhood 100 N Senate Revitalization Organization Inc. Revitalization Organization Inc. Indianapolis, IN, 46204 803 LincolnWay W 803 LincolnWay W Tax Key#018 5095 3348 South Bend, IN. 46616 South Bend, IN. 46616 Tax Kpv#n1R 5na9 '44PF; Tax KPv#n1R 50q9 34A5 City of South Bend Redevelopment Northeast Neighborhood Samuel& Betty Kariuki 227 W Jefferson Revitalization Organization Inc 1054 Burns Ave South Bend, IN. 46616 803 LincolnWay W South Bend, IN. 46617 Tax Key#018 5098 3459 South Bend, IN. 46616 Tax Key#018 5099 3497 Tax KAv*n1 R 5ngR '44Fn University of Notre Dame Du Lac Kevin & Dorothy Ranaghan Northeast Neighborhood 725 Grace Hall 1003 St-Vincent Revitalization Organization Inc. Notre Dame, IN, 46556 South Bend, IN. 46617 803 LincolnWay W Tax Key#018 5105 3697 Tax Key#018 5105 3681 South Bend, IN. 46616 Tax KPv#n1 R 50W.14'4S Northeast Neighborhood City of South Bend Northeast Neighborhood Revitalization Organization Inc 227 W Jefferson Blvd. # 1200 Revitalization Organization Inc 803 LincolnWay W South Bend, IN. 46601 803 LincolnWay W South Bend, IN. 46616 Tax Key#018 5097 3447 South Bend, IN. 46616 Tax KPv aft n1 R 5in 1 RSRci Tax KPv#n1 R 5nA7 '4452 University of Notre Dame Du Lac Northeast Neighborhood Homeworks Holdings LLC 725 Grace Hall Revitalization Organization 2913 Mishawaka Avenue Notre Dame, IN. 46556 803 LincolnWay W Mishawaka, IN. 46545 Tax Key#018 5101 355801 South Bend, IN. 46616 Tax Key#018 5095 3349 Tax KP?v#n1 R sng7 '4451 Northeast Neighborhood William &Angela Appleby Purcell Kevin & Dorothy Ranaghan Revitalization Organization Inc. 1004 St.Vincent 1003 St.Vincent 1054 Georgiana South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5105 3682 Tax Key#018 5105 3679 Tax Kpv Kpv t!(11 R .SMP q4Q 1 University of Notre Dame Du Lac Johnnie R Johnson University of Notre Dame Du Lac 725 Grace Hall 1124 N Eddy St 725 Grace Hall Notre Dame, IN. 46556 South Bend, IN. 46617 Notre Dame, IN. 46556 Tax Key#018 5101 3554 Tax Key#018 5101 3555 Tax Key#018 5101 3557 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, 1N. 46556 Notre Dame, IN, 46556 Notre Dame, IN. 46556 Tax Key#018 5100 3528 Tax Key#018 5100 3529 Tax Key#018 5100 3530 Northeast Neighborhood Northeast Neighborhood Christopher Meehan Revitalization Organization Inc. Revitalization Organization Inc 107 S Greenlawn Ave 803 LincolnWay W 803 LincolnWay W South BEnd, IN. 46617 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key#018 5105 3685 Tax Kpv#n R t;nA7 1475 Tax Kav#01 R 5in 1 i..r)s.j University of Notre Dame Du Lac NNRO Northeast Neighborhood 725 Grace Hall 803 LincolnWay W Revitalization Organization Inc. Notre Dame, 1N, 46556 South Bend, IN. 46616 803 LincolnWay W Tax Key#018 5105 3696 Tax Key#018 5099 3487 South Bend, IN. 46616 Tax Kpv#n185 nPP 14RR University of Notre Dame Du Lac Alexander Rowell Northeast Neighborhood 725 Grace Hall 1248 South Bend Avenue Revitalization Organization Inc, Notre Dame, IN. 46556 South Bend, IN, 46617 803 LincolnWay W Tax Key#018 5098 3456 Tax Key#018 5095 3350 South Bend, IN. 46616 Tax Kpv#niR 51nn R548 University of Notre Dame Du Lac Northeast Neighborhood City of South Bend 725 Grace Hall Revitalization Organization Inc. 227 W Jefferson Blvd. Ste,1200 Notre Dame, IN. 46556 803 LincolnWay W South Bend, IN. 46601 Tax Key#018 5101 3574 South Bend, IN. 46616 Tax Key#015 5100 3547 Tax Kpv#01R 5 1 n 1 8575 Elvis Willis City of South Bend Redevelopment University of Notre Dame Du Lac 22869 State Road 23 227 W Jefferson 725 Grace Hall South Bend, IN. 46614 South Bend, IN. 46601 Notre Dame, IN. 46556 Tax Key#018 5100 3546 Tax Key#018 5101 3573 Tax Key#018 5101 3577 Northeast Neighborhood Northeast Neighborhood Northeast Neighborhood Revitalization Organization Inc. Revitalization Organization Inc. Revitalization Organization Inc, 803 LincolnWay W 803 LincolnWay W 803 LincolnWay W South Bend, IN. 46616 South. Bend, IN. 46616 South Bend, IN. 46616 Tax Kpv#n1 Ft 5100 8551 Tax KPv#{11R 51n1 .2578 Tax Kpv#niR 51 nn ';S49 University of Notre Dame Du Lac City of South Bend Redevelopment University of Notre Dame Du Lac 725 Grace Hall 227 W Jefferson 725 Grace Hall Notre Dame, IN, 46556 South Bend, IN. 46601 Notre Dame, IN. 46556 Tax Key#018 5101 3576 Tax Key#018 5100 3550 Tax Key#018 5101 3570 a University of Notre Dame Du Lac Northeast Neighborhood Elvis Willis 725 Grace Hall Revitalization Organization Inc. 22869 State Road 23 Notre Dame, IN. 46556 803 LincolnWay W South Bend, 1N. 46614 Tax Key#018 5101 3571 South Bend, IN. 46616 Tax Key#018 5100 3543 Tax Kav#01 R 51 n 1 1577 Northeast Neighborhood Northeast Neighborhood City of South Bend Revitalization Organization Inc. Revitalization Organization Inc. 227 W Jefferson Blvd. Ste,1200 803 LincolnWay W 803 LincolnWay W South Bend, IN. 46601 South Bend, IN, 46616 South Bend, IN, 46616 Tax Key#018 5097 3445 Tax KAv*0 1R sinn ';S44 Tax Kpv#01R s1 nn R54.r, Kevin & Dorothy Ranaghan Angela Coar University of Notre Dame Du Lac 1003 St.Vincent 3604 Springbrook 725 Grace Hall South Bend, IN. 46617 South Bend, IN, 46614 Notre Dame, IN, 46556 Tax Key#018 5105 3680 Tax Key#018 5105 3693 Tax Key#018 5101 3556 University of Notre Dame Du Lac Housing Authority South Bend Heritage Foundation Inc 725 Grace Hall 501 S Scott 803 LincolnWay W Notre Dame, IN. 46556 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5100 3525 Tax Key#018 5097 3423 Tax Key#018 5100 3536 South Bend Heritage Foundation Inc Northeast Neighborhood Northeast Neighborhood 803 LincolnWay W Revitalization Organization Inc. Revitalization Organization Inc. South Bend, IN. 46601 803 LincolnWay W 803 LincolnWay W Tax Key# 018 5100 3534 South Bend, IN. 46616 South Bend, IN. 46616 Tax Kov*n1R sng7 2481 Tax Kau#n1R .ri1nn jr xi University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN, 46556 Tax Key#018 5101 3561 Tax Key#018 5101 3562 Tax Key#018 5101 3559 South Bend Heritage Foundation Northeast Neighborhood Northeast Neighborhood 803 LincolnWay W Revitalization Organization Inc. Revitalization Organization Inc. South Bend, IN. 46616 803 LincolnWay W 803 LincolnWay W Tax Key#018 5100 3531 South Bend, IN, 46616 South Bend, IN. 46616 Tax Kav*n1R .rng7 R42R Tax Kpv it n 1 R S1n1 mmn City of South Bend Redevelopment Johnnie R Johnson City of South Bend Redevelopment 227 W Jefferson 1124 N Eddy 227 W Jefferson South Bend, IN. 46601 South Bend, IN. 46617 South Bend, IN, 46601 Tax Key#018 5100 3532 Tax Key#018 5101 3558 Tax Key#018 5100 3533 Madeline Zach Angela Coar Kite Realty Eddy Street Land LLC 1122 N Frances St 3604 Springbrook 725 Grace Hall South Bend, IN. 46617 South Bend, IN. 46614 Notre Dame, 1N. 46556 Tax Key#018 5105 3678 Tax Key#018 5105 3691 Tax Key# 018 5102 357919 Kite Realty Eddy Street Land LLC University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN, 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key#018 5102 357918 Tax Key#018 5102 357902 Tax Key#018 5123 439202 Trustees Of Indiana University Five Corners LLC University of Notre Dame Du Lac 530 E Kirkwood Ave. Ste.204 814 Marietta Street 725 Grace Hall Bloomington, IN. 47408 South Bend, IN.46601 Notre Dame, IN. 46556 Tax Key#018 5123 439204 Tax Key#018 5094 3311 Tax Key#018 5098 3478 University of Notre Dame Du Lac Five Corners LLC State of Indiana 725 Grace Hall 814 Marietta St 100 N Senate Ave Notre Dame, IN, 46556 South Bend, IN. 46601 Indianapolis, IN. 46204 Tax Key#018 5098 347701 Tax Key#018 5087 308401 Tax Key#01 8 5094 3322 University of Notre Dame Du Lac University of Notre Dame Du Lac Janette & Sherry Miller 725 Grace Hall 725 Grace Hall 1122 South Bend Avenue Notre Dame, IN. 46556 Notre Dame, IN, 46556 South Bend, IN. 46617 Tax Key#018 5105 3700 Tax Key#018 5106 3736 Tax Key#018 5094 3314 Calet Partnership Gross &Cohen Notre Dame LLC Five Corners LLC 509 N Calhoun St 3731 5th Avenue South 814 Marietta Mishawaka, IN. 46545 Birmingham, AL. 35253 South Bend, IN. 46601 Tax Key#018 5094 3318 Tax Key#018 5030 108503 Tax Key#018 5094 3323 Philip Slatt 1026 Corby Land Trust 1026 Corby Land Trust 1015 E Corby 814 Marietta 814 Marietta South Bend, IN. 46617 South Bend, IN, 46601 South Bend, IN. 46601 Tax Key#018 5106 3738 Tax Key#018 5030 1085 Tax Key#018 5030 108505 Five Corners LLC 5 Corners LLC Five Corners LLC 814 Marietta St 814 Marietta St. 814 Marietta St South Bend, IN. 46601 South Bend, IN, 46601 South Bend, IN. 46601 Tax Key#018 5087 3085 Tax Key#018 5087 3086 Tax Key#018 5087 3087 Five Corners LLC Five Corners LLC Five Corners LLC 814 Marietta St 814 Marietta St 814 Marietta St South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN, 46601 Tax Key#018 5087 3088 Tax Key#018 5087 3089 Tax Key#018 5030 108501 Five Corners LLC Gross & Cohen Notre Dame LLC Five Corners LLC 814 Marietta St 3731 5th Avenue South 814 Marietta St South Bend, IN. 46601 Birmingham, AL. 35253 South Bend, IN. 46601 Tax Key#018 5094 3313 Tax Key#018 5030 108502 Tax Key#018 5094 3320 Five Corners LLC North Hill St LLC Five Corners LLC 814 Marietta St 812 E LaSalle St 814 Marietta St South Bend, IN, 46601 South Bend, IN. 46614 South Bend, IN. 46601 Tax Key#018 5094 3321 Tax Key# 018 5030 1084 Tax Key#018 5087 308201 Five Comers LLC Philip Slatt Five Corners LLC 814 Marietta St 1015 E Corby 814 Marietta St South Bend, IN. 46601 South Bend, IN, 46617 South Bend, IN. 46601 Tax Key#018 5087 3083 Tax Key#018 5106 3745 Tax Key#018 5094 3324 University of Notre Dame Du Lac Five Corners LLC Five Corners LLC 725 Grace Hall 814 Marietta St 814 Marietta St Notre Dame, IN. 46556 South Bend, IN, 46601 South Bend, IN. 46601 Tax Key#018 5106 3747 Tax Key#018 5094 3325 Tax Key# 018 5094 3328 South Bend Housing Authority Paul& Jill Kuharic University of Notre Dame Du Lac 501 S Scott 1201 E Corby St 725 Grace Hall South Bend, IN. 46613 South Bend, IN. 46617 Notre Dame, IN, 46556 Tax Key#018 5094 3329 Tax Key#018 5092 3259 Tax Key#018 5094 3315 University of Notre Dame Du Lac City of South Bend Redevelopment City of South Bend Redevelopment 725 Grace Hail 227 W Jefferson 12th Floor 227 W Jefferson 12th Floor Notre Dame, IN. 46556 South Bend, IN. 46601 South Bend, EN, 46601 Tax Key#018 5094 3316 Tax Key#018 5099 3521 Tax Key#018 5099 1 City of South Bend Redevelopment University of Notre Dame Du Lac University of Notre Dame Du Lac 227 W Jefferson 12th Floor 725 Grace Hall 725 Grace Hall South Bend, IN. 46601 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key#018 5099 3520 Tax Key#018 5098 3476 Tax Key#018 5098 3475 University of Notre Dame Du Lac University of Notre Dame Du Lac City of South Bend Redevelopment 725 Grace Hail 725 Grace Hall 227 W Jefferson 12th Floor Notre Dame, IN, 46556 Notre Dame, IN. 46556 South Bend, IN. 46601 Tax Key#018 5105 3701 Tax Key#018 5098 3473 Tax Key#018 5099 3518 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key#018 5094 3317 Tax Key#018 5098 3483 Tax Key#018 5105 3698 University of Notre Dame Du Lac University of Notre Dame Du Lac Calet Partnership 725 Grace Hall 725 Grace Hall 509 N Calhoun St , un 4t Notre Dame, 1N. 46556 Notre Dame, IN. 46556 Mishawaka Tax Key#018 5098 3480 Tax Key#018 5098 3481 Tax Key# I 465 5 Calet Partnership Clarence H Patterson Paul &Ann Marie Kuharic 509 N Calhoun St 1140 E Howard St. 1526 E LaSalle Mishawaka, IN. 46545 South Bend, IN. 46617 South Bend, IN, 46617 Tax Key#018 5094 3326 Tax key#018 5094 3327 Tax Key#018 5092 3257 University of Notre Dame Du Lac James Harris, Hattie Harris University of Notre Dame Du Lac 725 Grace Hall 1125 South Bend Ave 725 Grace Hall Notre Dame, IN. 46556 South Bend, IN. 46617 Notre Dame, IN. 46556 Tax Key#018 5098 3482 Tax Key#018 5098 3486 Tax Key#018 5098 34844 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN, 46556 Notre Dame, IN, 46556 Notre Dame, IN, 46556 Tax Key#018 5098 3485 Tax Key#018 5106 3740 Tax Key#018 5098 3474 University of Notre Dame Du Lac University of Notre Dame Du Lac City of South Bend Redevelopment 725 Grace Hall 725 Grace Hall 227 W Jefferson 12th Floor Notre Dame, IN. 46556 Notre Dame, IN. 46556 South Bend, IN. 46604 Tax Key#018 5105 370001 Tax Key#018 5098 3472 Tax Key#018 5099 3517 University of Notre Dame Du Lac City of South Bend Redevelopment City of South Bend Redevelopment 725 Grace Hall 227 W Jefferson 12th Floor 227 W Jefferson 12th Floor Notre Dame, IN. 46556 South Bend, IN. 46604 South Bend, IN. 46604 Tax Key#018 5098 3471 Tax Key#018 5099 3524 Tax Key#018 5099 3523 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, !N. 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key#018 5105 3687 Tax Key#018 5105 368701 Tax Key#018 5098 3469 City of South Bend Northeast Neighborhood City of South Bend Redevelopment 227 W Jefferson Blvd Revitalization Organization Inc. 227 W Jefferson 12th Floor South Bend, IN, 46601 10313 Georgiana South Bend, IN. 46604 Tax Key#018 5099 3507 South Bend, IN. 46617 Tax Key#018 5099 3508 Tax KPV*n 1 s .5ing8 3470 City of South Bend Redevelopment University of Notre Dame Du Lac University of Notre Dame Du Lac 227 W Jefferson 12th Floor 725 Grace Hall 725 Grace Hall South Bend, IN. 46604 Notre Dame, IN. 46556 Notre Dame, IN, 46556 Tax Key#018 5099 3509 Tax Key#018 5098 3467 Tax Key#018 5105 3699 Northeast Neighborhood University of Notre Dame Du Lac Terrence Henthorn Michael Henthom Revitalization Organization Inc. 725 Grace Hall 1018 N Francis 803 LincolnWay W Notre Dame, IN. 46556 South Bend, IN_ 46617 South Bend, IN. 46616 Tax Key#018 5098 3468 Tax Key#018 5105 3686 Tax Kpv#n1R .rinQ9 *isnri City of South Bend Redevelopment City of South Bend Redevelopment University of Notre Dame Du Lac 227 W Jefferson 12th Floor 227 W Jefferson 12th Floor 725 Grace Hall South Bend, IN. 46604 South Bend, IN, 46604 Notre Dame, IN. 46556 Tax Key#018 5099 3506 Tax Key#018 5099 3504 Tax Key#018 5098 3465 University of Notre Dame Du Lac Sara Maurer Northeast Neighborhood 725 Grace Hall 1020 N Frances St Revitalization Organization Inc. Notre Dame, IN. 46556 South bend, IN. 46617 803 LincolnWay W Tax Key#018 5098 3466 Tax Key#018 5105 3684 South Bend, IN. 46616 TRY Kpv#n1R Sn�3�l �5n 309 Kite Realty Eddy Street Land LLC University of Notre Dame Kite Realty Eddy Street Land LLC 30 S Meridian St Ste. 1100 725 Grace Hall Indianapolis, IN. 46204 Notre Dame, IN, 46556 30 S Meridian St, Ste. 110 Tax Key#018 5102 357916 Tax Key#018 5102 657905 Indianapolis, IN. 46204 Tax Key#018 5102 357915 University of Notre Dame Kite Realty Eddy Street Land LLC 725 Grace Hall 30 S Meridian St. Ste. 1100 KRG White LS Hotel LLC Notre Dame, IN. 46556 1000 East 80th Place Ste 600 N Indianapolis, IN, 46204 Merrillville, IN. 46410 Tax Key#018 5102 357907 Tax Key#018 5102 357904 Tax Key#018 5102 357906 University of Notre Dame Five Corners LLC POM Property 836 Grace Hall 814 Marietta 25416 CR 6 Ste.102 Notre Dame, IN.46556 South Bend, IN. 46601 Elkhart, IN. 46514 Tax Key#018 5102 357901 Tax Key#018 5095 3342 Tax Key#018 5095 3344 Brandon Simpson University of Notre Dame Five Corners LLC 1223 Howard St 725 Grace Hall 814 Marietta South Bend, IN. 46617 Notre Dame, IN. 46556 South Bend, IN. 46601 Tax Key#018 5095 3340 Tax Key#018 5102 3579 Tax Key#018 5095 3336 City of South Bend Barry& Mable Grady Five Corners LLC 227 W Jefferson Blvd. #1200 3435 Creekview Dr 814 Marietta South Bend, IN. 46601 Spitj Bemd, IN. 46635 South Bend, IN. 46601 Tax Key#018 5099 3510 Tax Key#018 5095 3343 Tax Key#018 5095 3332 Housing Authority City of South Bend Community& Smart Guys LLC 501 S Scott Economic Development 2512 LincolnWay W. Ste, 1 South Bend, IN, 46613 1200 County City Bldg Mishawaka, IN. 46544 Tax Key#018 5095 3361 South Bend, IN. 46601 Tax Key#018 5095 3356 Tax Kpv 4 n1 R 5nwii Five Corners LLC Paul &Ann Marie Kimmelf Paul &Ann Marie Kimmelf 814 Marietta Joseph & Katharine Kuharic Joseph & Katharine Kuharic South Bend, IN. 46601 1526 E LaSalle 1526 E LaSalle Tax Key#018 5095 3333 South Bend, IN. 46617 South Bend, IN. 46617 Tax KP.v#n1R sno RgriA Tax Kav#n1R .''i0Q2 37(,1 Paul&Ann Marie Kimmell Paul &Ann Marie Kimmell Paul &Ann Marie Kimmell Joseph & Katharine Kuharic Joseph & Katharine Kuharic Joseph & Katharine Kuharic 1526 E LaSalle 1526 E LaSalle 1526 E LaSalle South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN, 46617 Tax Kpv*n1R rinw ,;?rq TSr.7krv.t n1R snQq ngRjq Tax Kpv#n1n snQ? ims Five Corners LLC Light of the World Spiritual Church Five Corners LLC 814 Marietta 1224 E Howard 814 Marietta South Bend, IN. 46601 South Bend, IN. 46617 South Bend, IN. 46601 Tax Key#018 5092 3270 Tax Key#018 5092 3272 Tax Key#018 5095 3338 James McDaniel,Bruce Martin State of Indiana G & M Properties Richard McDaniel 100 North Senate Ave 11797 Old Oak Drive 1227 E Howard St Indianapolis, IN. 46204 Granger, IN. 46530 South Bend, IN. 46617 Tax Key#018 5095 3334 Tax Key#018 5095 3346 Tax Kpv#n1 R r)nQ.Ti 3'141 Five Corners LLC State of Indiana Innovation Development LLC 814 Marietta 100 North Senate Ave 201 N Yates Ln South Bend, 1N. 46601 Indianapolis, IN. 46204 Mount Prospect, IL. 60056 Tax Key#018 5095 3355 Tax Key#018 5095 3335 Tax Key#018 5095 3354 Housing Authority of City of SB Housing Authority of City of SB Maria B LLC 501 S Scott 501 S Scott 11788 Bluebell South Bend, IN. 46613 South Bend, IN, 46613 Granger, IN, 46530 Tax Key#018 5095 3353 Tax Key#018 5095 3,337 Tax Key#018 5095 3362 Craig Owsley POM Property Inc. Five Corners LLC 1039 Talbot 25416 CR 6 Ste-102 814 Marietta St South Bend, IN. 46617 Elkhart, IN, 46514 South Bend, IN. 46601 Tax Key#018 5095 3360 Tax Key#018 5095 3345 Tax Key#018 5099 3512 Five Corners LLC Northeast Neighborhood Bertha Hill 814 Marietta St Revitalization Organization Inc. 1236 South Bend Avenue South Bend, IN. 46601 803 LincolnWay W South Bend, IN, 46617 Tax Key#018 5099 3511 South Bend, IN. 46601 Tax Key#018 5095 3347 Tax Kav*MA .ringq n51nn1 Northeast Neighborhood Kite Realty Eddy Street Land LLC Double Domer Properties LLC Revitalization Organization Inc. 725 Grace Hall 812 W 15th Place 803 LincolnWay W Notre Dame, IN. 46556 Chicago, IL. 60608 South Bend, IN, 46601 Tax Key#018 5102 357920 Tax Key#018 5095 3331 Tax KPv It 018 SOAP 3514 Edward & Irene Cour Kamilla Kapacinska/Greg Horning PO Box 809 1126 Frances Notre Dame, IN. 46556 South Bend, IN. 46617 Tax Key#018 5105 3689 Tax Key#018 5105 3676 Filed in `` ice CITY CLERK,SOWN%SEND,IN inch, Harner 6 Associates., Inc. MICHAEL J. RANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects r Land Planners Honorable Members of the City of November 14, 2011 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for hose Fuel & Materials, Inc, for property at 918 Oliver Plow Court and the property East of and adjacent to 918 Oliver Plow Court, South Send, Indiana: Dear Council Members: Our clients are requesting the approval of two Special Exceptions for their properties located at 918 Oliver Plow Court and the property East of and adjacent to said 918 Oliver Plow Court, South Bend, Indiana. Our clients are reconfiguring their properties to create a Passive Public Park for the Oliver Plow Memorial site which will be given to the City and the existing Rose Brick & Materials site. The Special Exceptions will allow for the creation of the Passive Public Park as permitted per the City Ordinances and will also allow for them to continue to have their existing outside storage area located at 918 Oliver Plow Court. Our clients believe that the approval of the proposed Special Exceptions will fit with the existing industrial uses in this portion of the Oliver Plow Industrial Park and the proposed Passive Park will be a public amenity located along this portion of the Oliver Plow Trail system. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Harner & Associates, Inc. File # 110191 Md. "C" 1643 Commerce Drive a South Bend, IN 46628 208 West Mars Berrien Springs, M149103 office 5741234-4003 ® 8001594-4003 m Fax 574/234-4119 Office 2691471-3010 s Fax 2691471-7237 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 OF ST.JOSEPH COUNTY,INDIANA FOR THE PROPERTY LOCATED AT (918 OLIVER PLOW COURT AND THE PROPERTY ADJACENT TO AND EAST OF SAID 918 OLIVER PLOW COURT,SOUTH BEND,INDIANA) WHEREAS, Indiana Code Section 36-74-918.6,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 Area Board of Zoning Appeals of St. Joseph County, Indiana,for approval or disapproval;and WHEREAS,the Common Council must take action within sixty(60)days after the Area Board of Zoning Appeals of St.Joseph County, Indiana makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6;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 of St.Joseph County, Indiana 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 of St. Joseph County, Indiana, pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (918 OLIVER PLOW COURT,SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception as allowed under Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South Bend, Indiana per Section 21-04-02(2)(13)(iii)of the City of South Bend Zoning Ordinance, and the Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals of St. Joseph County, Indiana, pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (PROPERTY ADJACENT TO AND EAST TO 918 OLIVER PLOW COURT, SOUTH BEND,INDIANA) 2 in order to permit: The Approval of a Special Exception as allowed under Section 21-04-02(2)(D)of the City of South Bend Zoning Ordinance to allow for a Public Passive Park for property located East of and adjacent to 918 Oliver Plow Court,South Bend,Indiana. SECTION 11. 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 of St.Joseph County, Indiana,a copy of which is on file in the Office of the City Clerk. SECTION Ill. The Common Council of the City of South Bend, Indiana,hereby finds that: I. The proposed uses will not be injurious to the public health,safety,comfort,community moral standards,convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan;all of which is requested by the South Bend Municipal Code§21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Filed, rri AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED , 20 NOTIFIED , 20 SEAMING 20 r APPEAL Applicant's Name: Rose Fuel & Materials, Inc. Phone 234-2133 _ Address: 918 Oliver Plow Court, South Bend, Indiana 46601 Address of Property: 918 Oliver Plow Court & the preperty East of and, adjacent to 918 Oliver Plow Court all bein g i.n South Bend, Indiana 46601 Present Zoning of Properties: "GI" General Industrial District Owner's Name: Rose Fuel & Materials, Inc. Phone 234-2133 Address: 918 Oliver Plow Court, South Bend, Indiana 46601 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 CONSMRCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 918 Oliver Plow Court & the property-East of and adjacent to 918 Oliver Plow Court all being in South Bend, Indiana 46601 - — NATURE OF APPEAL: Special Exception Use Requests: A) . Special Exception Request: PARCEL "A": A) . Approval of a Special Exception as allowed under Section 21-04-02 (2) (B) (iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South Bend, Indiana per Section 21--04- 02 (2) (B) (iii) of the City of South Bend Zoning Ordinance, and B) . Special Exception Request: PARCEL "B": A) . Approval of a Special Exception as allowed under Section 21-04-02 (2) (D) of the City of South Bend Zoning Ordinance to allow for a Public Passive Park for property 2 located East of and adjacent to 918 Oliver Plow Court, South Bend, Indiana, and the following Variance Requests: PARCEL "A": 1) . A Variance from the requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and west property lines to providing no perimeter landscaping; 2) . A Variance from the required Screening of outdoor storage areas consisting of Type "C": Full Screening along the North, East, South and West property lines in conjunction with providing a 6 ft. high chain link fencing to providing only the 6 ft. high chain link fencing which exists; 3) . A Variance to be allowed to have outdoor storage located between the 30 ft. Front-yard setback along Oliver Plow Court and the front lot line along said Street (to a minimum of 1 ft. ) ; 4) . Variances to allow for outside storage in the 10 ft. Side-yard setback along the East and West property lines and in the 10 ft. Rear- yard setback along the South property line (to a minimum of 1 ft. ) ; 5) . A Variance from the minim= required 10 ft. Side-yard setback along the East property line to 0 ft. for the existing building, air conditioners and structure connecting the shown primary building and the existing smoke stack structure located on Parcel "B"; 6) . A Variance from the minimum required 10 ft. Rear-yard setback along the South property line to 0. 10 ft. for an existing accessory warehouse building; 7) . A Variance from the requirement of a paved outside storage area to existing gravel for a portion of outside storage at the Southeast corner of the site as shown; PARCEL "B": 1) . A Variance to allow accessory structures including but not limited to an existing: smoke stack, a trellis, a statue, information plaques, benches and trash containers as shown without a primary structure; 2) . A Variance from the requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet 3 on-center along the North, East, South and West property lines to being allowed to use the existing landscaping; 3) . A Variance from providing the minimum required three (3) parking spaces for the existing passive park to providing no parking spaces; 4) . A. Variance from the maximum allowed height of 150 ft. for structures to a maximum height of 194 ft. for an existing smoke stack; 5) . A Variance from the minimum required 10 ft. Side-yard setback along the West property line to 0 ft. for the existing structure connecting the shown existing smoke stack and the existing primary building located on Parcel "A"; 6) . A Variance from the minimum required 10 ft. Side-yard setback along the South property line to a minimum of 0.10 ft. for an existing trellis structure and pavers and to a minimum of 9 ft. for an existing smoke stack; 7) . A Variance from the minimum required lot width and frontage of 150 ft. on a public street to a minimum of 123.05 ft. more or less. The Petitioners are the owners of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "GI" General. Industrial District. The Petitioners are working closely with the City of South Bend on a Streetscape, Trail system and Memorial Park project that is being done along Oliver Plow Court. These improvements will help to link the existing residential neighborhoods West of Arnold Street with amenities being constructed along Chapin Street and further to the East in downtown South Bend including the recently updated Coveleski Regional Stadium complex. The first phase of this Streetscape, Trail system and Memorial Park have been built as shown on the attached site plan. The next phase of development for this plan is to take the existing well- known Oliver Plow smoke stack structure and place it onto the recently completed Oliver Memorial Park site. The intent is to allow for the Petitioners to transfer the created park property to the City for a Passive Park that will be maintained by the City. The Petitioner's representatives met with the Building Department and Area Plan Commission staff's to discuss this project and to determine how to proceed with the creation of the Park site. The result of that meeting was the determination, that in order to allow for the transfer of the property as a Park to the City, a petition Mould be required to request the approval of two Special Exception Uses and several Variances for each of the two parcels involved. As shown the split proposed would have the existing Rose Brick & Materials facility located on Parcel "A" and the Passive Park located on Parcel "B". Based on the present City Zoning Ordinances, the existing Rose Brick & Materials will require approval of a Special Exception to 4 allow them to continue to maintain their existing outdoors storage area. The reason a Special Exception is required, is that the Ordinance that went into effect in 2005, now states that any industrial use which has more than 50$ of their gross land area used for outside storage must have a Special Exception approved for that exterior storage of materials.. This is a result of the fact that the property lines between Parcels "A" and "8" are being adjusted. This is also the reason that several variances will be required as well. The second Special Exception is required due to the fact that a "Passive Park" is allowed under the "GI" General Industrial District only as a Special Exception Use. Again, due to the fact the property lines are being adjusted between Parcels "All and "B" to place the Oliver Plow smoke stack on parcel "B" this approval, is need. There will also be Variances required for the Passive Park as well. Based on the above explanation, the Petitioners would ask the following for Parcel "A'►. They would ask for approval of a Special Exception as allowed under Section 21-04-02 (2) (B) (iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3. 72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South Bend, Indiana per Section 21-04- 02 (2) (B) (iii) of the City of South Bend Zoning Ordinance. The Petitioners would state that they have maintained the outside storage area shown for the last several years. At the time they purchased the property, there was no requirement that limited the amount or location of the outside storage areas. They desire to be allowed to keep the outside storage as it is an integral part of their business to have the materials on hand that their clients use for projects in South Bend and Northern Indiana. The availability is very important to keep projects on schedule. They would hope the Board Members would approve the request of the Special exception for the outside storage. They would ask the Board Members to agree that approval of the Special Exception to allow for additional outside storage as shown on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . With regards to the Variance requests for Parcel "A", the first Variance the Petitioners are requesting, is from the requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to providing no perimeter landscaping. The 5 Petitioners would state that they have owned the property prior to the change in the Ordinance requiring the perimeter landscaping, and the only reason the perimeter landscaping is now being required, is due to the adjustment of a lot line and not due to an expansion of the existing use. Their property presently is surrounded by vacant .land owned by the City and a trucking operation. The Petitioners do not believe approval of this Variance would have a detrimental affect on any surrounding property. The second Variance request is from the required Screening of outdoor storage areas consisting of Type "C": Full Screening along the North, East, South and west property lines in conjunction with providing a 6 ft. high chain link fencing to providing only the 6 ft. high chain link fencing which exists. his mentioned above the Petitioners have been storing materials outside since they have purchased the property. The requirement of moving over 1400 lineal feet of fencing, removing pavement and then adding landscaping along the perimeter of the site would be an extreme hardship in order to adjust a lot line and create a public park site. The Petitioners do not believe that approval of this Variance request would adversely affect any surrounding property. The third Variance request is to be allowed to have outdoor storage located between the 30 ft. Front-yard setback along Oliver Plow Court and the front lot line along said Street (to a minimum of 1 ft. ) . This situation has existed for the past several years as shown on the attached site plan. They would prefer not to be required to remove the existing pavement, fencing and stored materials to shift all improvements back over 30 feet. The Petitioners would state that since the storage has been at this present location for several years, there should be no negative impact to surrounding properties if the Variance request were approved. The fourth Variance request is to allow for outside storage in the 10 ft. Side-yard setback along the East and West property .lines and in the 10 ft. Rear-yard setback along the South property ,line (to a minimum of 1 ft. ) . The Petitioners would state that this variance request is the same as the previous request in that materials are stored within a foot of the side and rear property lines. To be in compliance would require the removal of several thousand square foot of pavement and as stated above removal and re-installation of over 1400 lineal feet of fencing. The Petitioners would hope, that with the Board Members knowing the adjacent properties are either vacant or contain a truck depot, they would agree, that it is not necessary to require a 10 ft, setback for the shown outside storage of materials. The fifth Variance request for Parcel "A" is from the required 10 ft. Side-yard setback along the East property line to 0 ft. for the existing building, air conditioners and structure connecting the shown primary building and the existing smoke stack structure located on Parcel "B". As stated above, the Petitioners desire to separate the Passive Park property form their property with the end result being that the Oliver Plow smoke stack will be on the Park parcel. The Petitioners do not believe the approval of this request to adjust the common lot 6 boundary between the shown parcels will have a negative impact on any surrounding property. The sixth Variance is from the minimum required 10 ft. . Rear-yard setback along the South property line to 0.10 ft. for an existing accessory warehouse building. This building was permitted to be at the property line when it was constructed several years ago. Based on survey work for the property the warehouse building actually sets 0.10 ft. off the property line. Due to the property lines being reconfigured the Petitioners are required to ask for a Variance from the present standards. The Petitioner would ask for approval of the existing warehouse building to be located to a minimum of 0.10 ft. from the property line. They do not believe approval of this Variance will be detrimental to any adjacent property as the building has existing for the past several years. The last Variance request is from the requirement of a paved outside storage area to existing gravel for a portion of outside storage at the Southeast corner of the site as shown. This gravel storage area has existed for the past several, years as shown at the Southeast corner of the Petition site. The Petitioners do not plan to expand the outside storage area or the gravel area, as the rest of the shown outside storage is paved. The Petitioners would ask to be allowed to maintain this existing gravel area, as it has not created any problems with the adjacent properties. The truck facility located adjacent to and West of the gravel area is also gravel as well. The Petitioners do not believe approval of this Variance for a limited area of the site would adversely affect any surrounding property. Concerning Parcel "B" the Petitioners would request approval of a Special Exception as allowed under Section 21-04-02 (2) (D) of the City of South Bend Zoning Ordinance to allow for a Public Passive Park. The Petitioners as previously mentioned, desire to transfer Parcel "B" to the City for a Passive Public Park. They would ask the Board Members to agree that approval of the Special Exception to allow for a Passive Public Park as shown on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i) . With regards to the Variance requests for Parcel "B", the first Variance the Petitioners are requesting, is to allow accessory structures, including but not limited to an existing: smoke stack, a trellis, a statue, information plaques, benches and trash containers as shown without a primary structure. This request is due to the fact that 7 with the Passive Park being created, there is no primary structure. The improvements shown on Parcel "B" are considered accessory structures by the Ordinance, even though these are typical improvements within a park. The Petitioners do not believe there would be an adverse impact on any surrounding property if the requested Variance were approved. The second Variance request is from the requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the North, East, South and West property lines to being allowed to use the existing landscaping. The Park as shown has extensive landscaping located throughout the site including shrubs, grasses, vines, ground cover and perennials. The Petitioners believe the park site as designed meets the intent of the City Ordinances with regards to site landscaping. The third Variance request is from providing the minimum required three (3) parking spaces for the existing passive park to providing no parking spaces. The Petitioners Mould state that the intent of this Park is to be passive in nature, and was designed to be enjoyed by pedestrians using the trail system along Oliver Ploy Court. For the few occasions where a Park user would drive to the site, the Petitioners do not have a concern if the Park users park in front of their building on Parcel "A". The Petitioners do not believe approval of this Variance would have a negative impact on any adjacent property. The fourth Variance request is from the maximum allowed height of 150 ft. for structures to a maximum height of 194 ft. for an existing smoke stack. The Petitioners as stated above are reconfiguring the parcels to create a separate park site and since the smoke stack is being placed on the new parcel, a Variance is required for the height of the structure. The Petitioners would ask for approval of this Variance, as it would not adversely affect any surrounding property. The fifth Variance request is from the minimum required 10 ft. Side- yard setback along the West property lane to 0 ft. for the existing structure connecting the shown existing smoke stack and the existing primary building located on Parcel "A". This request is to allow for the connecting structure between the smoke stack and the original building on Parcel "A" to remain. The approval of this Variance will not have a negative impact on any adjacent property. The sixth Variance request is from the minimum required 10 ft. Side- yard setback along the South property line to a minimum of 0.10 ft. for an existing trellis structure and pavers and to a minimum of 9 ft. for an existing smoke stack. This Variance is required to allow for the reconfiguration of the common lot line between Parcels "All and "B". The boundary was created based on the location of existing improvements on each parcel. The adjacent property to the East is owned by the City of South Bend and is presently vacant. The approval of this Variance would have no adverse impact on any surrounding property. The last Variance request is from the minimum required lot width and frontage of 150 ft. on a public street to a minimum of 123.05 ft. more or less. This request is needed to allow for the reconfiguration of the parcels. The lot was originally platted prior to the creation of the AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bead, Indiana 46601 (574) 2359554 PAx: (574) 235-5541 December 8, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Rose Fuel & Materials, Inc. ABZA 12/7/11 Dear Council Members: The above referenced petition of Rose Fuel & Materials, Inc. was legally advertised on November 17,2011. The Area Board of Zoning Appeals gave it a public hearing on December 7, 2011, at which time the following action was taken: Upon a motion by Mr. Velleman, being seconded by Mr. Hawley and unanimously carried,the petition for Special Exception from the maximum allowable 103,237 square feet to 162,000 square feet for outside storage and to allow a Public Passive Park, on property located at 918 Oliver Plow Ct. and property east and adjacent to 918 Oliver Plow Ct., is sent to the Common Council with a Favorable .Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, "R�i z Mark A. Lyons Assistant Zoning Administrator MAL/cah i r i ROSE FUEL & MATERIALS SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7TM Day of DECEMBER, 2011. YES NO 0 MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK 'YOUNG ® GERALD PHIPPS ® ROBERT HAWLEY M JOE VELLEMAN 0 BRENDAN CRUMLISH Property Owners Within 300 Feet UPV Land LLC Hill Truck Sales 61229 Oak Rd. PO Box 598 Raitt Corporation South Send, IN,46614 South Bend, IN. 46624 815 W Sample St Tax Key#018 3061 235107 Tax Key#018 3064 2474 South Bend, IN. 46601 Tax Key#018 3066 2540 City of South Bend Redevelopment City of South Bend Redevelopment 1200 County City Bldg. 1200 County City Bldg. City of South Bend Redevelopment South Bend, IN. 46601 ty Y 9 1200 County City Bldg, Tax Key#018 3061 235103 South Bend 8 461 2 South Bend, IN. 46601 Tax Key#fl 18 3061 2351 Tax Key#018 3061 235109 Rose Fuel& Materials Inc. Rose Fuel& Materials Inc. 918 Oliver Ct. 918 Oliver Ct. South Bend, IN. 46601 South Bend, IN, 46601 Tax Key#018 3061 235105 Tax Key#018 306123 5104