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01-23-12 Council Agenda & Packet
a AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JANUARY 23, 2012 7 : 00 P.M. 1— INVOCATION — FATHER DAVE PORTERFIELD 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB—COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS A. SPREADING OF RECORD—STANDING COMMITTEE MEMBERSHIP 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 71-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3321 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA 72-11 PUBLIC HEARING ON A BILL 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 & MILLERS' 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 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 (#439) 8 . BILLS, THIRD READING TIME: BILL NO. 71-11 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3321 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA 72-11 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGSANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLERS' 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 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. 12-02 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 12-03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 10 . BILLS, FIRST READING BILL NO. 11 . UNFINISHED BUSINESS A. REPORTS FROM THE AREA BOARD OF ZONING APPEALS 1. BILL NO. 12-04- SPECIAL EXCEPTION -- 505 E. BROADWAY 2 . BILL NO. 12-05 - SPECIAL EXCEPTION - 3$26 NIMTZ PARKWAY 3. BILL NO. 12-06 - SPECIAL EXCEPTION -- 17917 SR 23 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 1 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3321 Mishawaka Avenue,South Bend, Indiana 46615, COUNCILMANIC DISTRICT 3 IN THE CITE'OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned"COMMERCIAL."I request the property zoning be changed to SF2 Single Family& Two Family District. Before I purchased it,the building was used as a dentist office. I have renovated the building adding a kitchen and a full bath and I am using the property as my 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 366 Colonia Gardens be and the same is hereby established as SF2 Single Family & Two Family District. SECTION 11. 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 Attest: ee _ : 5 � idT City Clerkria: k 6um PARCELID NAME-11 MAILINGADD MAILINGCiT MAILINGS MAILI TA NGZIP ACOSTA PATRICK AMERICO&DONNA 018-6054-1800 SKELTON 9514 Crown Commons Dr Crown Point IN 46307 HULLINGER JAMES L AND JENNIFER H REVOCABLE LIVING 018-6057-1966 TRUST 3222 Mishawaka South Bend IN 46615 STRUCTURE 018-6054-1786 CONSTRUCTION LLC 914 33RD St South Bend IN 46615 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 46615 YEAKEY WALLACE E 018-6096-3404 JR 824 S 34TH ST South Bend IN 46615 HUNT JON R TESTAMENTARY TRUST FBO CHARLOTTE E HUNT DOUGLAS A HUNT 018-6091-3236 TRUSTEE 51559 Stapieford 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 3317 Mishawaka Av South Bend IN 46615 018-6091-3216 WEAVER STEVEN E 426 S Sheridan St South Bend IN 46619 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 BONVALE DR South Bend IN 46635 PUGH MICHAEL D. 018-6091-3213 AND SHARON M. 3309 Mishawaka Ave South Bend IN 46615 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 46615 HARMON SCOTT H& 018-6054-178801 LISA 5 .924 S 33rd St South Bend IN 4661 MCKENNA CHARLES ROBERT AND SANDRA 018-6054-1799 A 917 S 34th St South Bend IN 46615 STRUCTURE 018-6054-178701 CONSTRUCTION LLC 914 S 33rd St South Bend IN 46615 018-6054-1821 NIEDBALSKI CHRIS 3328 WILD CHERRY RIDGE Mishawaka IN 46544 TIMOTHY WARREN& 018-6054-1782 ASSOCIATES INC 133 Via Poinciana Ln Boca Raton FL 33487 018.6054-1820 COLE JASON R 3418 Mishawaka Av South Bend IN 46615 PROPERTIES OF 018-6054-1784 VALUE LLC 51105 High Meadows Dr Granger IN r416534 BARTSCHI PAUL E III& 018-6054-1785 SARAH 1885 Santo Domingo Camarillo CA 93012 018-6054-1795 B&W ENTERPRISES 3324 Mishawaka Av South Bend IN 46615 1018-6054-179501 8&W ENTERPRISES 3324 Mishawaka Ave South Bend IN 46614 018-6054-1807 SILL JOHN A 3410 Mishawaka Av South Bend IN 46615 BOTTORFF MAX E. 018-6054-1819 AND TEMPIE I. 1132 Diamond Dr Mishawaka IN 46544 HITE PHILLIP B AND 018-6091-3230 CAROL A 842 34th St South Bend IN 46615 TOBIAS GREGORY A& 018-6091-3223 JOAN E 841 S 35th St South Bend IN 46615 COTTINGHAM JASON 018-6091-3231 M&SUSAN M 841 S 34th St South Bend IN 46615 018-6091-3210 BOWMAN RICHARD A 842 S 33rd St South Bend IN 46615 FOX TIMOTHY W AND 018-6089-3157 CHRISTINE A 841 S 33rd St South Bend IN 46615. FURRY BRENT ALLEN &MARY ELIZABETH 018-6091-3224 ALLEN AS JT W/FRGS 637 S 35th Street South Send IN 46615 018-6091-3229 HANNA DAVID L 838 34TH St, South Bend IN 4661 018-6091-3209 MURAT GEORGE JR 838 S 33rd St South Bend IN 46615 5 STAR INVESTMENT 018-6091-3232 GROUP II LLC PO Box 706 Middlebury IN 46540 HAHN RICHARD L SR& 018-6091-3225 KIMBERLY S 1147 Lincolnway E Mishawaka IN 46544 018-6091-3233 WITT DAVID M 122 Annie St San Antonio TX 78212 CRAMER DAVID C& 018-6091-3208 ANDREA B 834 S 33RD St. South Bend IN 46615 018-6091-3222 RUMPF MARY J 3421 Mishawaka Av South Bend IN 46615 HAMMES FREDERICK 018-6091-3221 J.AND MARY M. 3417 Mishawaka South Bend IN 46615 GARRETT ROBERT W. 018-6091-3220 &VICKIE GARRETT 3413 Mishawaka Ave. South Send IN 46615 CRAIG ERIC A& 018-6091-3219 GLORIA K 3409 Mishawaka Ave South Bend IN 46615 SAYGER ALLEN W& 018.6091-3218 JANEL 3405 Mishawaka Ave South Bend IN 46615 BARAJAS ROBERT& 018-8091-3217 DEBRA 3401 Mishawaka South Bend IN 46615 018-6091-3226 RIFFLE FRANCO 831 S 35th St South Bend IN 46615 WEBER CHARLES R& 018-6091-3227 MARY JO 1009 S 31st St South Bend IN 46615 SCHOOLCRAFT 018-6091-3234 RACHEL PO Box 941 Mishawaka IN 46546 DUNN RYAN DEAN& 018-6091-3207 ANDREA 830 S 33rd St South Bend IN 46615 018-6096-3412 GATES IRA 829 35TH St South Bend IN 46615 FITTERLING JOHN HA 018-6096-340.5 &PENNY L 828 S 34TH St South Bend IN 46615 BEYER JEFFREY S% 018-6091-3235 GBR INVESTMENTS 1628 S Michigan South Bend IN 46613 EMMONS ZACHARY A &MURRAY-EMMONS 018-6091-3206 KATHERINE E 826 S 33rd St South Bend IN 46615 GETZ MATTHEW D& 018-6091-3228 SARAH BETH 834 S 34TH St South Bend IN 46615 018-6091-3205 AVERY JODI A 822 S 33rd St South Bend IN 46615 buUKINUUMItu 018-6096-3403 JOHN 10425 Vistula Rd Osceola IN 46561 018.6091-3237 WICKSTROM DAVID L 13914 COUNTY RD 12 Middlebury IN 46540 SALYER JUSTIN R& BURKHART ROBERT EDGAR W/PATRICIA ANN SALYER RES LIFE EST SEE TRANSFER 018-6091-3204 fNOTES 818 S 33RD St South Bend IN 46615 Fated in Clerk's Office Qv - 9 z0fl AN CITY CLERK,SOUT14 BMD,N JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLANT COMMISSION OF ST. JOSEPH COUNTY. IN 227 VV IEFFERSON BLVD_ ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)23S-957 F December 21,2011 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Steven E. Weaver to zone from OB Office Buffer District to SF2 Single Family and Two Family District, property located at 3321 Mishawaka Avenue,City of South Bend -APC#2617-11 Dear Council Members: I hereby Certify that the above referenced ordinance of Steven E. Weaver 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 Robert Hawley, being seconded by John DeLee and unanimously carried, the proposed ordinance of Steven E. Weaver to zone from OB Office Buffer District to SF2 Single Family and Two Family District, property located at 3321 Mishawaka Avenue,City of South Bend is sent to the Common Council with a favorable recommendation. The return of 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. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public bearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, hn W. Byorni JWB.jsc Attachment CC: Steven E. Weaver SERVING:ST.JOSEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND www.stjosephcounWndtana.com/Areaplan Staff Weert APC# 2617-11 Owner: Steven E. Weaver Location: 3321 Mishawaka Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from OB Office Buffer District to SF2 Single Family and Two Family District to allow a residence. Land Uses and Zoning: On site: On site is a house that had been converted to a dentist's office. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned MF1 Urban Corridor Multifamily District. South: To the south is an auto repair business and an environmental firm zoned LB Local Business District. West: To the west are single family homes zoned MFl Urban Corridor Multifamily District. District uses and development standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site plan description: No site plan is required when rezoning to a single family district. Zoning and land use history& trends: Prior to 2004, this property was zoned B Multi-family Residential. When the current zoning ordinance and map were approved in 2004, this property was changed to OB Office Buffer District. There have been few zoning changes on Mishawaka Ave, and those have been for the adaptive re-use of existing structures. Traffic and transportation considerations: Mishawaka Avenue is a two lane street with a bike lane. 34th Street is a two lane street. Utilities: The property is connected to public sewer and water. Additional information: (Agency comments) According to the River Park City Planner, "the structure is one of many in that area that can accommodate,office,retail, or residences so it sti ll fits in the "mixed bag"present along the 31st- 36th blocks." Steven E. Weaver #2617-11 Page 1 of 2 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY--CITY BLDG. SOUTH SEND.INDIANA 46601 (374)235-9571 December 21,2011 The Honorable Council of the City of South Bend yct L-V�,A A � ZT 4th FIoor,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,MFI 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 B,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,MFI 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 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, tv.4Y44� n W. Byami JWB jsc Attachment CC: South Bend Heritage Foundation,et.al. Danch Hamer&Associates SERVING;ST JOSEPH COUNTY,SOUTH!SEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND vvww.stiosephcountyindlana.com/AreaplgLn APC# 2616-11 Owner: South Bend Heritage Foundation, et.al. Location: Northeast comer 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 MF 1 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 Mac olon c t R ' k i - C Lt flow®rd Mu W� Mu y L 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 7DNIN0 cLAtiII4CN1[1N N ®0 0TH 1111110 9W2*iMGLE FAMLLYAND TIA10 FAMLY bISTRICT w � v �I -60DTNO N0 W1'"R"rA00RR00RFAOLWARILY0OPICT ®WnlBDTirrN all-O NownOLWAMLLY0wMOT s 86"TN06N0'FA0°FA0fF0"9*0R3F'NR;T 410 � '�C� "'P ��� ���� "TN 0610101*000AL PVWMW 0l"rT II/ atYTNOINO TIP'PLAN 0600NfI.0EYEWFw1MT 0 "TN � � ®� 2D 0@N0°t�'"!k�'6�3R4Y 03T0CT r' a 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 my whole life in the Five Point area S. I worked at AM General for 2S years 6. I left AM General to buy the family business and keep the business operating 7. Harris Liquor Store oldest black business for S6 years in South Bend B. My parents and I work with the community during the past S6 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 AFL 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 1S. 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® Closing Georgiana at the corner of South Rend 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 carne at the same time 19. Putting a L shape turn running Georgiana parallel with South Rend Ave would stop me from getting to my resident .�GT�6db.n .z�lt c)V/0 3 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 Geor Tana 22. Closing alley on the westside of Georgiana would leave me no way in or out COMMENT'S of APC ##2616-11 ®ec. 20, 2411 Mr. James 0. Farris 1125 South Bend Ave. South Rend, IN 46617 Phone Number 233-0362 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'$ 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 & WOODWORTH'S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , AND IS PRESENTLY ZONED "PUD" PLANNED UNIT DEVELOPMENT DISTRICT, "SF2" 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. 00 021'11" 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. 51 005'04" 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 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. 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. 00 019'30" W. , 80.00 FEET AND N. 89 050'18" E. , 11.69 FEET AND N. 00°38'49" E. , 46.91 FEET TO THE SOUTH LINE OF NAPOLEON STREET; THENCE S. 89°21'11" 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 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. 89 054'51" 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. BE AND THE SAME HERESY 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 r 2 , AT O'CLOCK .M. MAYOR, CITY OF SOUTH BEND, INDIANA f R rtJii';G _, DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAPLE 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 SEND, 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. 127' 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: "SF21' SINGLE FAMILY AND TWO FAMILY DISTRICT "GB" GENERAL BUSINESS DISTRICT "MF111 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. '6""Ive A FOR: S FOR. SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13' FLOOR COUNTY-CITY BUILDING 289-1066 SOUTH BEND, INDIANA 46601 235-9251 7 FOR: SOUTH BEND REDEVELOPMENT COMMISSION 227 W. JEFFERSON BLVD. 12T2 FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 235-9371 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 LINCOLNNAY WEST 288-1375 SOUTH BEND, INDIANA 46616 289-1066 PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT) : RANCH, HARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574'-234-4003 Filed in .jor , Office NOV X z011 .toil". V�'.�c;: :.-�` CITY CLERK,sf)'U rfl LIEN D,jN 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 13TE 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. 12TR 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 PLANNER 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 "MFl" 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 235-9371 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. Sejdina,j VP Fi ce FOR: UNIVERSITY OF NOTRE DAME DULAC 910 FLANKER HALL NOTRE DAME, INDIANA 46556 631-9979 PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT) : DANCH, EARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574) -234-4003 Filed in 6u fiffice do Ty CLBRP , :�56�EO,Ffad DATE 1°ILSD APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MARE APPLICATION TO THE COMKON COMCIL OP' THE CITY OP SOUTH BEND, INDIANA TO ADD THE ZOXXPTG ORD:rXANCE AS HEREIN MUESTED. 1) . TEE PROPERTY SOUGHT TO BE REZONED tS LOCATED= PROPERTY BOUNDED AS FOLLOWS. ON THE WEST SIDE BY THE C/L GBORGIANA STREET, ON THE NORTH BY L07S 71, 74, 107 & 110 OF HARTMAN & MILLER'S PLAT & KRPOLEON STREET, ON THF, BAST BY LOTS 13-18 & 20 OF HARTMAN & MODWORTH'S PLAT AND ON THE SOUTH BY SOUTH BE" AY E (A.K.A. S.R. * 23) , SOUTH BEND, INDIANA 46617 2) . NAME AND ADDRESS OF PROPERTY O M(S) OF THE PETITION SITE: SOUTH Bmo HERITAGE FouNDATioN C17Y OF SOUTH BE10 80.3 LTNCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BOO, IN 46616 13' FLOOR COUNTY-CITY BUILDING SOUTH BEND, 2DMIANA 46601 ELVIS WILLIS SOUTH .BEND REDEVELOPMENT 22869 STATE ROAD 23 COBQQY$SIOA7 SOUTH BEND, INDIANA 46614 227 W. JEFFWRSON BLVD. 12'w FLOOR COCINTY-CITY BIIILIIIWG FIVE CORNERS L.L.C. SOUTH BEND, INDIANA 46601. 814 MARIETTA ST SOQT#f SEND, IN 46601 SAMEL & BETTY RARIUXT WA'YNE CURRY, JR. 1056 BURNS ST. 1050 BURNS STREET SOUTH BEND, INDIANA 46626 SOUTH BEND, INDIANA 46617 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION 803 LINCOLNWAY WEST SOUTH BEND, INDIANA 46616 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE-. PT/A 4) . IT XS DSSIRE'D AND REQUESTED THAT THIS PROPERTY BE REZONED: 2 FRONt "SF2" SINGLE F,AKILY ANA TWO FAMILY DISTRICT "GB" GENERAL BUSINESS DISTRICT "MFl" URBAN CORRIDOR MULTIFAMILY DISTRICT "MF2" HIGH DENSITY MULTIFAMILY DISTRICT TO; '&PUD PLA EA UNIT DEVELOPMENT DISTRICT 5) . THIS REZOVrXQ IS REQUESTED TO ALLOW THE PO.LLOWING ❑3E f s") A) . SINCIoE-FAMILY RESIDENTIAL DEV ELOPUENT. 6) , ATTACKED IS A COPY OF (A) LEQAL DESCRIPTION OF THE PROPERTY, (B) SEVENTEEN (17) PRELIMINARY SITE PLANS (G) A STAT EAT OF PURPOSE AM .INTENT; (D) A LIST OF MAKES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAR KEY VUHRERS FOR ALL PROPERTIES WITHIN 300 F88T OF THE P-ETSTIOX PROPERTY; AND (E) ADDRESSED, STAXPED EIMLOPES FOR ALL PROPERTY OWNERS WITHIN 3€14 PENT OF THE PETITION PROP17,'RTY (F) A LOCATION KAP, IF AVAILABLE, DRAWN TO SCALE, WRICH INCLUDES STRFXT NHS, PRINTED IN 8 " x 11" FORMAT. FOR: FOR: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH HMO 803 LINCOl"AY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 23' FLOOR COUNTY-CITY BUILDING 289-1066 SOUTH BEND, INDIANA 46601 235-9251, ELVIS WILLIS FOR: 22869 STATE ROAD 23 SOUTH BEND RMS"LOPMENT SOUTH BEND, ,INDIANA 461514 COMMISSION 233-74:57 227 W_ JEFFSRSONf BLVD. 12" FLOOR COUNTY-CITY atti -Tw SOUTH BE=, INDIANA 46601 235-9371 FOR: FIVE CORNERS L, L.C. 814 MARIETTA STREET SOUTH B N 46601 233- BXT KARIUKI 1056 BURNS ST. 1056 BURNS ST. SOUTH BEND, INDIANA 46616 SOUTH BMW, INDIANA 46616 289-5032 289-6032 3 A/� FOR: WAY14 NORTNEAS'T NEIGHBORHOOD REVITALIZATION BEND, INDI 466.17 8€73 LINCOLNWAY WEST" 288--1375 SOUTH BEND, INDIANA 46616 289-1066 PETITIONED PREPARED BY: CONTACT PERSON UT? IT PF'ERENT) RANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46629 PHONE NUMBER (574) -234-4003 Filed Nor C CRY G , e END,IN LEGAL DESCRIPTION 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°21'11" E. A. 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 005104" 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. 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 01913011 W. , 80.00 FEET AND N. 89°5011811 E. , 11.69 FEET AND N. 00°3814910 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°20146" 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. 89 054 '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. i ' f ,1 i 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 Bend, 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 Kav#01A 51n1 isnR Tay Kpv#018 51 r11 34.1R 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 Tax Kav#nIR .Si1On ASRR Northern Neighborhood Samuel & Betty Kanuki 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 Tax KPv It 0 1 A 51 On 3541 Tax KPv#n1 siOn *4547 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 Tax KQv#01 A 150197 344A Tax Kav#018 5n97 :144A 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 Floor 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 KPva n 1 R 5r)Qg 3514 Tax KPv*n I A Jingg 148 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, IN. 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 Half 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 it 01 R SNP UAR Tax KPv#n i R F;ngQ 14g5 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 KPv#niR 5f1Qfi .14An 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 TRY KPv*01 R SnP7 1415 Vortheast Neighborhood City of South Bend Northeast Neighborhood Zevitalization Organization Inc 227 W Jefferson Blvd. # 1200 Revitalization Organization Inc 103 LincolnWay W South Bend, IN. 46601 803 LincolnWay W youth Bend, IN. 46616 Tax Key#018 5097 3447 South Bend, IN.46616 "ay KPv#n i A 51ni RSRq Tax KPv*MR 5nQ7 3459 Iniversity of Notre Dame Du Lac Northeast Neighborhood Hameworks Holdings LLC 25 Grace Hall Revitalization Organization 2913 Mishawaka Avenue iotre Dame, IN. 46556 803 LincolnWay W Mishawaka, IN. 46545 ax Key#018 5101 355801 South Bend, IN. 46616 Tax Key#018 5095 3349 TRY KAV*M R 5Ctg7 1451 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#01A 5nP9.qdA1 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 Hail 725 Grace Hall 725 Grace Hall Notre Dame, IN. 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#0 1 A SnA7 1475 Tax Kpv#n i A fi1n1 ASRR University of Notre Dame Du Lac NNRO Northeast Neighborhood 725 Grace Hall 803 LincolnWay W Revitalization Organization Inc, Notre Dame, iN. 46556 South Bend, IN. 46616 803 LincolnWay W Tax Key#018 5105 3696 Tax Key#018 5099 3487 South Bend, IN. 46616 Tax Kpv#n1R 5r1Ap ;4RA 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 it 01 R 51 nn I54A 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#n1R51rM I575 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 5101357 7 Northeast Neighborhood Northeast Neighborhood 9 Northeast Neighborhood Revitalization Organization Inc. Revitalization Organization Inc. Revitalization Organization Inc. 303 LincolnWay W 803 LincolnWay W 803 LincolnWay W South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN 46616 fax KPv#0 1 A 51fnn g5.g1 Tax Kpv*018 51n1 357A Tax Kpv#njR 51W AS44 Iniversity of Notre Dame Du Lac City of South Bend Redevelopment University of Notre Dame Du Lac '25 Grace Hall 227 W Jefferson 725 Grace Hall lotre Dame, 1N.46556 South Bend, IN,46601 Notre Dame, IN. 46556 'ax Key#018 5101 3576 Tax Key#018 5100 3650 Tax Key#018 5101 3570 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, IN. 46614 Tax Key#018 5101 3571 South Bend, IN. 46616 Tax Key#018 5100 3543 Tax KPv#01R .sins 1579 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#n1R n inn 1544 Tax KPv it WR 9100 3..545 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 KPv*01 R 50P7 .14A 1 Tax KPv#n1 R r)inn ,A5:1� 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 Hail 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 KPv#018 .gnc)7 14?8 Tax Kau*ni8 s 1 n 1 q.Fn 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, IN. 46556 rax Key#018 5105 3678 Tax Key#018 5105 3691 Tax Key#018 5102 357919 Cite Realty Eddy Street Land LLC University of Notre Dame Du Lac University of Notre Dame Du Lac '25 Grace Hall 725 Grace Hall 725 Grace Hall Jotre Dame, IN. 46556 Notre Dame, IN, 46556 Notre Dame, IN.46556 'ax Key#018 5102 357918 Tax Key#018 5102 357902 Tax Key#018 5123 439202 Trustees Of Indiana University Five Comers 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 Half 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#018 5094 3322 University of Notre Dame Du Lac University of Notre Dame Du Lac Janette&Sherry Miller 725 Grace Hail 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 Comers 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 Comers 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 314 Marietta St 812 E LaSalle St 814 Marietta St South Bend, IN, 46601 South Bend, IN. 46614 South Bend, IN. 46601 fax Key#018 5094 3321 Tax Key# 018 5030 1084 Tax Key#018 5087 308201 We Comers LLC Philip Slatt Five Comers LLC 14 Marietta St . 1015 E Corby 814 Marietta St south Bend, IN.46601 South Bend, IN. 46617 South Bend, IN. 46601 ax Key#018 5087 3083 Tax Key#018 5106 3745 Tax Key#018 5094 3324 University of Notre Dame Du Lac Five Corners LLC Five Comers 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 B 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 Hall 227 W Jefferson 12th Floor 227 W Jefferson 12th Floor Notre Dame, IN. 46556 South Bend, IN. 46601 South Bend, IN, 46601 Tax Key#018 5094 3316 Tax Key#018 5099 3521 Tax Key#018 5099 3519 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 Hall 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 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Mishawaka, IN, 46545 Tax Key#018 5098 3480 Tax Key#018 5098 3481 Tax Key#018 5094 3319 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 ,fames Harris, Hattie Harris University of Notre Dame Du Lac 725 Grace Hall 1125 South Bend Ave 725 Grace Hall 4otre Dame, IN. 46556 South Bend, IN. 46617 Notre Dame, IN. 46556 fax Key#018 5098 3482 Tax Key#018 5098 3486 Tax Key#018 5098 3484 lniversity of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac '25 Grace Hall 725 Grace Hall 725 Grace Hall dotre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN, 46556 'ax 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, IN. 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 Tay KPv*niFi 5nAA:347n 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 Henthorn 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 Tay Kpv*MR 'SnAA i5ns 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 Tay Kpv*n I A r)nAA � nn� Cite Realty Eddy Street Land LLC University of Notre Dame Kite Realty Eddy Street Land LLC 30 S Meridian St Ste, 1100 725 Grace Hall 30 S Meridian St. Ste. 110 ndianapolis, IN. 46204 Notre Dame, IN. 46556 Indianapolis, IN. 46204 'ax Key#018 5102 357916 Tax Key#018 5102 657905 Tax Key#018 5102 357915 Iniversity of Notre Dame Kite Realty Eddy Street Land LLC KRG White LS Hotel LLC 25 Grace Hall 30 S Meridian St. Ste. 1100 1000 East 80th Place Ste 600 N titre Dame, IN. 46556 Indianapolis, IN. 46204 Merrillville, IN.46410 ax Key#018 5102 357907 Tax Key#018 5102 357904 Tax Key#018 6102 357906 University of Notre Dame Five Corners LLC POM Property 836 Grace Half 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 Comers 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#n1R 5(145 31:4.4 Five Corners LLC Paul&Ann Marie Kimmell Paul &Ann Marie Kimmell 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 Kav#n1R 5np7 R75R Tax Kov*0 1R 500 37Fi1 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 5n49 .769 TSr.7krv. 01R finq? R9FiS Tax KAv#n1R 5nw nw Five Comers 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 rax Key#018 5092 3270 Tax Key#018 5092 3272 Tax Key#018 5095 3338 lames 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 ;oath Bend, IN. 46617 Tax Key#018 5095 3334 Tax Key#018 5095 3346 -ay KPv it 01R.sng5 :4341 1ve Corners LLC State of Indiana Innovation Development LLC 14 Marietta 100 North Senate Ave 201 N Yates Ln buth Bend, IN.46601 Indianapolis, IN. 46204 Mount Prospect, IL, 60056 ax Key#018 5095 3355 Tax Key#018 5095 3335 Tax Key#018 5095 3354 ousing Authority of City of SB Housing Authority of City of SS Maria B LLC )1 S Scott 501 S Scott 11788 Bluebell outh Bend, IN. 46613 South Bend, IN. 46613 Granger, IN. 46530 ax Key#018 5095 3353 Tax Key#018 5095 3337 Tax Key#018 5095 3362 Craig Owsley POM Property Inc. Five Comers 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 Kpv*n1f1.r,ClAA ax'ilnni 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 Krav*01 R SnAA: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 LE Office K,SDI1 rh BEND,IN t �pt3TR8. CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER December 7, 2011 Mr. Derek Dieter President, South Bend Common Council - 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 outstandinb 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 1St reading at the December 12, 2011 Council Meeting, 2"d read, public hearing, 3`d 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 Gregg ©. entara CC.' St phen J. Luecke, Mayor of the City of South Bend r CITY CLMRK, ot"Wi4"N County-City Building 227 West Jefferson Boulevard ,South Bend,Indiana 46601-1830 Phone. 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 1� RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (S) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner 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 Iine 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 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 % 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, 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. and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION 11. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of(5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et M. SECTION 111, This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common46uncil and Cour,ceaciclirah 1611S 2ul IP I &+Iy41 F+ !r L 1 r MY CLEP ,�av Trr s 0 4 1200 C.OLINTY-C.ITYBUILDING \ No1NE 5741235-9371 227 W JEFFERSON BOUf.BVARD K, PEACE/, i FAx 5741235 9021 SOUTH BEND,INDIANA 46601-1830 I865 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY Z ECONOMIC IDEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE 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 4660I RE: Personal Property Tax Abatement Petition for: Steel Warehouse Company LLC (I400 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, Matthew Sikora Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DwFLOPMEN-r ECONOMIC DEvELOPMENT FINANCIAL&PROGRAM PAMELA C.MEYER DONALD E.INKS MANAGEMENT 5741235-9660 5741235-9371 ELIZABETH LEONARD FAx: 574/235-9469 5741235-9371 goo TH 1200 CouN Y-Crn 13iSILDING PHONE 5741235-9371 227 W.JEEI:ERsoN BOULEVARD W��X�eEACE/, FAx 5741235-9021 SOUTH BEND,INDIANA 46601-1830 1865 CITY OF SOUTH BEND STEPHEN J. LuECKP., MAYOR, COMMUNITY ECONOMIC VEVELOPMENT JEFFREY V. QBNEY EXECUTIVE DIRECTOR .TAX ABA TEMENT REPORT T 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 ECONOMIC DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.MEYER DONALD E.INxs MANAGEMENT 5741235-9660 5741235-9371 ELIZABETH LEONARD FAX: 5741235-9469 5741235-9371 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 1. 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/Tyl2e Resolution No. Date 5 year personal property 1169-84 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, 1994 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, 1 996 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 379I-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 wets 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. o a Ln Q O a 0 o a an d M Cl) � O aa0 Maco rn mcc RS N O N O [fS v to to co t0 O 1_00 O CND 0b N V N N M N h r LO V r o a i O O ° o N O N O 0) 0) I a N N M J v v ro ° o °oo trn r V a Z � coCQTCO C3 } N V CO CD LO O 00 Cl) � �•- N N N M N N ® ii7 O 0 r d 00 0 p CNO O N tall O N N LO i• UD V 04 0) Q9 iC7 CD N d O a tf1 �fi V C+'i C6 Y �"_ ca h m i� PS co M r U.) 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Lox 1377 574-236-5100 south Lend, indiana 46624 ® 800-348-2529 fax no. 574-236-5154 December 2, 2011 Office of City Clerk County—City Building Room 455 t ,.._... .. . 227 W. Jefferson Blvd. South Bend,IN 46601 -' ? t Tax Abatement Proposal r 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$1.9 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, Gerald F. Lerman GL:ld 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., 6-1.1-12.1, et and South Bend Municipal Code Section 2.84-2, et seg., 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 on existing facility of approximately 20,000 square feet of space to house the equipment. The total cost 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 cost 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$653,793 for existing employees. 3. Provide current wage information for existing employees including: base rate, cost-of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do Not Include: back pay,jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Positions Full-time$ Part-time$ Laborers and Material Handlers $14.981hr. Machine Operators $15.72/hr. Managerial $32,41/hr. *001h Administration, Sales, lT and Quality $20.04/h r. 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 crane 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 for the years 2007 through 2011 is as follows: Year Total Number of Employees Total Minority Employees 2007 458 129 2008 506 131 2009 419 99 2010 557 146 2011 588 145 17. Describe on-site child care or day care faci#€ties, 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, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. Petitioner mayseekjob 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 LC. 6-11-12.1 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: 1722 W. Tucker Drive City, State, Zip Code: South Bend, IN 46619 Telephone: (574)236-5100 gerryl @steelworehouse.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 (Signed Name) (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) Exhibit A Beginning at the Southeast corner of the Southwest '/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 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 55'19"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'l5" 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 comer of the %4 of said section 35; thence North 00 00'30" West(bearing assumed) along the East line of said Southwest V4 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, 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. tlbOH Ksm • x w Jo L3]I ................ .. — _ - ft O ••� L � �- xwE [vetcx _�,� - ! _:P-�—___-Y'+....^ l E .f�'—r--�-333 © •.Y�'.. j " F+ tri fPDOW — t f ! I e ��tss wki4�L� E tW'.�is. yy a�a fl4t Y�( E 4.fy V LJ s x :y i f7 ;1 � y zs 5 t, �v i t y Sl M. � 4 'mya s x y I II bh4sti 4 f II I�f s vy r �NO VIA 1" ' txj M& out l §� �t taw rrt x? � wpm 'f L v k � 1l �F . 5 ¢, s s t �n �1r, . jy ,�Yq. 4 I 1 £:r �3 r' ar' i .i i, t T'W � y.. k* 3 ns':: Schedule A STEEL WAREHOUSE COMPANY, LLC ABATEMENTS AT NOVEMBER 2011 Resolution # Type Terra 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 TUCKER DRIVE ABATEMENTS 379107 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 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 505 E.BROADWAY, SOUTH BEND,INDIANA WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state taw. NOWt THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 505 E. BROADWAY STREET, SOUTH BEND, INDIANA in order to permit a Special Exception Use to allow for a community center and a reduction of the required seven(7) parking spaces to four(4) SECTION IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION M. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION l Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. S1_M 101 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 �:Lr aEi Fia.d Cc�ai,avJe�4Jei ci v��GmY+✓�WM E 1 s c S THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY AREA BOARD OF ZONING APPEALS PETITION a. PETITIONER'S NAME: South Bend Heritage Foundation, Inc. PETITIONER'S ADDRESS: 803 Lincoln Way West, South Bend, IN 46616 PETITIONER'S PHONE: (574) 289-1066 b. LOCATION OF THE PROPERTY: 505 E. Broadway Street, South Bend, IN 46601 c. STATEMENT OF VARIANCE REQUESTED AND REASON FOR REQUEST, The petitioner requests a special exception use to allow for a community center and a reduction of the required seven (7) parking spaces to four(4). South Bend Heritage Foundation is rehabilitating all of its 54 affordable units at New Heritage Homes Southeast (NHHSE) with funding received through the Low Income Housing Tax Credits. Part of the requirement is to establish a community center for the residents. The property at 505 E. Broadway is adjacent to, and contiguous with, the NHHSE. The zoning, SF 2, allows for Neighborhood Partnership Centers. Although this community center is not specifically a Neighborhood Partnership Center, it will offer not only the NHHSE residents but also the entire neighborhood similar activities and services that a Partnership Center provides; apart from general meeting space, it will have space for educational classes in life skills, subjects of general interest, crafts as well as space for clubs to meet. The house will also have the leasing office for the NHHSE. Since there is only space for four off street parking spaces (one for handicapped persons), this request is also for a reduction of the required seven parking spaces to four. d. STANDARDS FOR SPECIAL EXCEPTIONS I.C. 36-7-918.4 addressed as follows: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. A community center is a place that enhances public health, safety, comfort, community moral standards, convenience or general welfare by being a safe place where the neighborhood residents can come to leam from one another or through planned educational activities. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. 505 E. Broadway has been a rental property which has been allowed to deteriorate to the point that it is a detriment to the value of adjacent property values. When SBHF purchased it it had been vacant for some time. SBHF plans to rejuvenate the structure. As a well _� 'ri i7 s•.Yu Asa :f'r�' �- ! �m i5 z e w• 1 r�.Nl. t •-_ •-'#��� aM�.•.:.�' .. '� '� •.�i, ,.r' a+�^ �ww�a �sawi+�'�r.-=oc'«s... Al t -'� AM r `�' ^ ��►'...� � rat-' •,s — t. 4, LL 1'SLiU•aF� ..t v W411, s* � A W p V A i ri rte- E � n n � m � p m m m 71 m m m z m m m m m m m FL a A 5 a e g n a e 3 a e o o e g a a g o n z 0 V S e ♦ P l 111 N� e } t I if If z z z z z Z i z z z z z z z x 'm w W + 'm ■ # & ! a � ■ ! \ a n ! E 2 s 22 E § � B$ m � §/K _ 2@ 2 ! § a • � § § § � � ■ � � k � � # � ! & I § | E E ■ ■ ■ | ■ | a ■ ! ■ K § ! i , , � , ■ ! } § $ § § $ § | § § AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend., Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 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 South Bend Heritage ABZA 1/4/2012 Dear Council Members: The above referenced petition of South Bend Heritage Foundation, Inc. was legally advertised on December 23, 2011. The Area Board of Zoning Appeals gave it a public hearing on January 4, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of South Bend Heritage Foundation to allow a community center in a "SF2" District, on property located at 505 E. Broadway, is sent to the South Bend Common Council with a Favorable Wcommendation. 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 Iater date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SOUTH BEND HERITAGE FOUNDATION SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT L 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 PL,4N 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: F"ORABLE RECOMMENDATION ADOPTED this 4TH Day of JANUARY, 2012. YES NO MICHAEL URBANSKI RANDALL MATTHYS ® JACK YOUNG ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN ® BRENDAN CRUMLISH AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd.. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 January S, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend,Indiana 46601 RE: Petition for Special Exception for Charles S. Hayes,Inc. ABZA 1/4/12 Dear Council Members: The above referenced petition of Charles S. Hayes, Inc. was legally advertised on December 23, 2011. The Area Board of Zoning Appeals gave it a public hearing on January 4, 2012, at which time the following action was taken: Upon a motion by Mr. Velleman, being seconded by Mr. Matthys and unanimously carried, the petition for Special Exception to allow three (3) 90'radio communication towers in a "LI" District, on property located at 3826 Nimtz Parkway. is sent to the South Bend 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. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB/cah CHARLES S HAYES wWW.TELECOMPARK. 814 MARIETTA STREET T+574.233.1 SOUTH BEND, IN 46601 F+574.232.4 TM January 4, 2012 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Blvd. Suite 100 South Bend, IN 46601 RE: Special Exception Use and Variance of Developmental Standards Telecommunications Facility 3826 Nimtz Parkway South Bend, IN 46628 Township: German Zoning Classification: Light Industrial To the Honorable Board: Charles S. Hayes Inc. (Hayes) is hereby applying for a Special Exception Use and Variances from Developmental Standards to construct three 90' radio communication towers on property owned by Hayes at 3826 Nimtz Parkway. The proposed facility will supplement an existing 155 foot tower and compound at that location. The Variance from Developmental Standards are as follows: 1) Variance from a monopole type tower to a lattice type tower because it will be impractical to mount the required type antenna on a monopole and because the proposed towers are only 90' tall. 2) Variance from the required landscaping to no landscaping because the tower will be constructed in a wooded area and because the fenced in area at the base of the towers will only be 10' x 10'. 3) Variance from required hard surface driveway to soft surface grass access because the towers will be serviced infrequently to help preserve the natural setting for use by the adjacent horse stables. 4) Variance from the requirements for colocation as required by See. 21-08.01 because these are special towers used for long distance radio communication for a single user and because there is an existing tower for colocation at this location. 5) Variance from the required minimum of 500' from the proposed'towers to a residential use to 124'. The residential use is in conjunction with a horse stable business. INFRASTRUCTURE FOR THE TELECOMMUNICATIONS INDUSTRYTM LeszalDescri t A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section; thence East on the North line of said Section a distance of 206 '/4 feet to the place of beginning; thence South at right angles to the North line of said section a distance of 1760 feet; thence East parallel to the said North Section line a distance of 123 % feet; thence North at right angles to said North section line a distance of 1760 feet to the North line of said Section;thence West along said North section line a distance of 123 % feet to the place of beginning. Project Description The project will be constructed adjacent to an existing telecommunication facility on land currently owned by Hayes. The project will include three 90' lattice radio communications approximately 150' apart. The towers will support beam type directional antennas. There will be little if any equipment at the base of the towers as most equipment will be located in existing equipment shelters. The base of each tower will be fenced in by a 10' x 10' black vinyl fence 6' high. Project Location The proposed facility is an addition to an existing telecommunications facility located in an industrial area. This site is located in the City and has access to various fiber optic networks including the Metronet. ft Yours truly, Charles S. Hayes President Charles S Hayes Inc. r I. 025-10,1 -021 025-1 1 -0 67 4 10� 3 1A � 025-1 7 36 ;°%Tj 5-4 10-03 3 N d � p 025=1010-03$ ao w M p IfJ M w 'r {+7 Oo r N p r O Ifi O N O d O C r Wpp fk N ,r, c 025-101 -03850 'o 0 025-1fl10�03$0 025-1 9 -0 $S17 � - �a a � c ° Q10 38519 A o 0 51010-03$704 o a 025-1 (7 M N 51S010r038 Q25- 1 -03$ a Gagnon S# r1 �-•3 3 Y. 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LO o L r N ' M r t r 0 co in co Ln co 0 co to co Lo co kn CD 00 00 00 00 00 0 1 00 e � � a P() l �- RESOLUTION NO. A RESOLU'T'ION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 17917 SR 23, SOUTH BEND, INDIANA WHEREAS,Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council 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 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 Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 17917 S. R. 23, South Bend, Indiana 46635 in order to permit a Billiard Hall. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION TV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council �p.-"s�2•k.Fc.t;.i;w-u'u:i' �.r :. .w.,ii i Z,de n Clark W. Jaynes & Leora J. Trustees C/® Larry J. Clark 17917 SR 23 South Bend, IN 46635 (517) 629-4819 December 1, 2011 Requesting/seeking for: 1) Special Exceptions Use to Allow a Billiard Hall. 2) VARIANCES: Provide 17 Onsite Parking Spaces, Where 22 Required. 3) VARIANCES: Encroach Upon the West Front Yard Setback of 30' to (Terrace Lane) of 141. 4) To allow existing building to encroach upon the State Road 23, Form 30' setback line to 231. 5) To allow parking within the residential buffer yard 6) To allow 1 parking space closer than the required 15' in the Terrace Lane front yard to 81. 7) Variances from the required Residential Buffer yard to none on the north and west. 8) Variances from the Required Foundation Landscaping to none on EXISTING BUILDING. Representing Petition Alibaba Cafe LLC David Farhan MGR P.O. Box 11664 South Bend, IN 46634 (574) 217-2182 Zoning Classification: Pending Rezoning to LB Township: CLAY ➢ The Proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Our proposal to take this building that we believe is a diamond in the rough, from its actual run down state and turn it into a business idea and location that would not only fit within the community but also thrive, as we are certain that our operation will not affect the overall value of property taxes of the buildings around it, on the opposite this is the only building that is in dire need of repairs and remodeling, simply because there are too many nice buildings around it, this point of view is as far as the property affect value that we are sure it will add to the overall of betterment of the area. 1 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite'100 South Bend, Indiana 46601 (574) 235-9554 Pnx: (574) 235-5541 January 5, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Alibaba Cafe LLC ABZA 114112 Dear Council Members: The above referenced petition of Alibaba Cafe LLC was legally advertised on December 23, 2011. The Area Board of Zoning Appeals gave it a public hearing on January 4, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of Alibaba Cafe LLC to allow a billiard hall in a"LB" District,on property located at 17917 State Road 23, is sent to the South Bend Common Council with an Unfavorable Recommendation and subject to no alcohol if approved. 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, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah ALIBABA CAFIt LLC 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 not comply with all building, fire, safety,traffic,and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use will not improve the appearance of the neighborhood and could devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on this property just do not create a different situation for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHEIVS.7VE PL,4N BECAUSE: It is the feeling of the Board that the variance will not blend into the overall Comprehensive Plan and may be deviating from its intent. CONDITIONS OR REVISIONS: NO ALCOHOL IF APPROVED DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with an: UNFAVORABLE RECOMMENDATION ADOPTED this 4TH Day of JANUARY, 2012. YES NO Im MICHAEL URBANSKI 0 RANDALL MATTHYS El JACK YOUNG O GERALD PHIPPS M ROBERT HAWLEY 0 JOE VELLEMAN M BRENDAN CRUMLISH