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Home My WebLink About05-29-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING TUESDAY, MAY 29, 2012 7 ; 50 P.M. 1 . INVOCATION - REV. SYLVESTER WTLLIAMS 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 12-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING AUSTIN PRICE WITH THE "MAY 2012 SOUTH BEND CITIZEN YOUTH AWARD" 12-51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING JOHN SELLERS WITH THE "MAY 2012 SOUTH BEND CITIZEN AWARD" 12-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING CONSUELLA` S ACCOUNTING & TAX SERVICE WITH THE ' MAY 2012 SOUTH BEND BUSINESS OF THE MONTH AWARD" G. REPORTS OF CITY OFFICES A. UPDATE ON QUESTIONS RAISED AT THE MAY 14TH, 2012 COMMON COUNCIL MEETING B. UPDATE ON PROCESS FOR SELECTION ON NEW POLICE CHIEF 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 08-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, DOUGLAS ROAD LAND PARTNERS SOUTH, LP, 17201 DOUGLAS ROAD 8 . BILLS, THIRD READING TIME: 9. RESOLUTIONS BILL NO. 12-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP DOUGLAS SOUTH ANNEXATION AREA 12-43 A RESOLUTION CONFTRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1801 COMMERCE DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR R 2 DIAGNOSTICS, INC. 12-44 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL-MOGUL POWERTRAIN, INC. 12-37 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 12-45 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE, CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 (FIVE) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC AND/OR ITS AFFILIATES 12-46 A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2011 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW MANUFACTURING EQUIPMENT LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4000-09 FOR PRAIRIE APARTMENTS HOUSING PARTNERS II, L. P. LOCATED AT 2630 PRAIRIE AVENUE 12-48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT KENNEDY PARK AND BELLEVILLE PARK BECOME PRIORITIES FOR OBTAINING MORE PLAYGROUND EQUIPMENT AND UPDATED SHORT AND LONG TERM CAPITAL PLANS 12-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT DISCUSSIONS BE INITIATED WITH THE SOUTH BEND REDEVELOPMENT COMMISSION ON POTENTIALLY ADDING A PORTION OF LINCOLNWAY WEST TO THE AIRPORT ECONOMIC DEVELOPMENT AREA 10 . BILLS, FIRST READING BILL NO. 08-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EAST/WEST ALLEY FOR A CENTERLINE DISTANCE OF 125. 71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EAST/WEST ALLEY 18-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A DOWNTOWN MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT 11 . UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1 . BILL NO. 12-12 - REZONING - 501 S. PARRY ST. 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. (S'A� 03 , b -L ( - . AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4 Douglas Road Land Partners South, LP 17210 Douglas Road South Bend, IN 46635 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and for the zoning of±0.8 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION i. That the following described real estate situated in St.Joseph County, Indiana, being contiguous by more than one-eight {1/8} of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89016'18" EAST ALONG THE NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00 012'28" WEST, 45.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°16'18" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00°29'43" EAST ALONG SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89016'18" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00°1228" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. SECTION Il. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9445-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same herby is amended in order that the zoning classification of the following described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as Community Business District; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Pion Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. �'J, 1. MEMBER OF THE COMMON C UNCIL Un+ ya City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of . 20 , at o'clock M. City Clerk Approved and signed by me on the day of , 20 , at o'clock--m. Mayor, City of South Bend, Filed in Clerk's Office, ILA REAW,1Z PUBLIC WARING 3 rd READING { �,, f n 3 i if1i1 � f Zii�� { NOT APPROWD j 4 z REFERRED PASSED PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: i) I am (We are) the owner(s) (hereinafter"petitioner"or"petitioners") of a parcel of land more particularly described in Exhibit"A", 2) Petitioner(s) desires that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by one-hundred percent (100%) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17210 Douglas Road, South Bend, IN 46635 5) . The Property Tax Key Number: 002-2023-054801 6) The name and address of the property owner(s) of the petition site is/are: Douglas Road Land Partners South LP 7) The name and address of the contingent purchaser(s), if applicable: Not Applicable 8) The parcel is ±0.8 acres in size and currently has the following use(s) on it: Vacant Land 9) The number of people currently residing on the property: None 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: "R"Sinale-Family Residential District To City of South Bend zoning classification: "CB" Community Business District for the following use(s): Uses allowed in "CB" Community Business District ^ EXHIBIT A LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89016'18" EAST ALONG THE NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00 012'28" WEST, 45.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89116'18" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00 029'43" EAST ALONG SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89016']8" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00 012'28" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF- WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. ; ;illod in clerk's offici i r P:\ProjeCts\2012 Projects\12-0129 DOUGLAS RD ANNEX-REZONE\Annexotion&Rezoning\Legal Description for Annex-Rezone.docx 11) The anticipated "build-out"year for the project: . 201 12) The proposed number of lots: Not Applicable 13) The proposed miles of new roadways: None 14) The following information has been submitted with the Petition: 1. A legal description of the property; titled as Exhibit A; 2. A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. Seventeen (17) site plans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The signatures) of all property ownerfs), or Attorney for all property owners(s) Printed: Janoes W. Laskowski Secr a D u las Road Land Hers South, L.P. Signed: Addr : 227 South Main Street Suite 300 South Bend IN 46601 Phone Number: (5741234-2073 16) Name, Address, and Phone Number of Contact Person/Preparer (please print): Bradley E. Mosness, PE Paul A. Phair, VP Development of Abonmarche Consultants, Inc. Holladay Properties 750 Lincoln Way East 227 South Main Street, Suite 300 South Bend, IN 46601 South Bend, IN 46601 (574) 232-8700 (574) 217-4498 mow.. _ . .r.�....,�..... Filed In Gels :- ffic e MAR - 7 ? IZ Y,1:t'S V., d e . 4 R� �' 2 Z Z •� z � Z 2 2 Z 2 Z 2 - dLdL Ar if a a irr it rc° ff 10 ta g $ $ $ $ CD z $ $ S a g' $ $ sJ i gram W m @+ W am R7 m m n l7 N bJ . fh 2 W C7 fn h u 4 z i As Y NN N�N i�0yy (Nf�4 Vlj y}� {�� 1,p�� •liflp�� ai O #- N 10 r m to N 4Uj U y U) x CL N N N N LU pp� � pp� pp0. L❑p. a 4 a�' U Jr Y Y z �0. 4 4 6 6 in 7 0 tt ix � xDDD � a6 h a a a ct 4 ff s z o o '0 �x $ $ $ $ o° 3 z a 12 tv n e0 m w O C ry If1 M ry M a in JOHN VV BYORNI EXECUTIVE DIRECTOR - LARRY MAGLIC3=1 DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH SEND,INDIANA 46601 (574)235-9571 April 18,2012 The Honorable Council of the City of South Bend U 4th Floor,County-City Building South Bend, itN 46601 RE: A proposed ordinance of Douglas Road Land Partners South, LP to zone from R Single Family District(County)to CB Community Business District(City), property located at 17210 Douglas Road, City of,South Bend-APC#2625-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Douglas Road Land Partners South, LP was legally advertised on Thursday, April 5, 2012 and that the Area Plan Commission at its public hearing on Tuesday, April 17, 2012 took the following action: Upon a motion by Karl King, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Douglas Road Land Partners South, LP to zone from R Single Family District(County)to CB Community Business District(City), property located at 17210 Douglas Road, City of South Bend is sent to the Common Council with a favorable recommendation. This site is an appropriate expansion of the commercial activity along Douglas Road, and will provide appropriate buffering to the remaining residential homes. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, w• hn W. Byorni JWB:jsc Attachment CC: Douglas Road Land Partners South, LP Abonmarche Consultants, Inc. SERVING:ST,JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE.NORTH LIBERTY,OSCEOLA&ROSELAND www.stjosepheountyindiana.com/Areaplan Staff Re—ort APC# 2626-12 owner: Douglas Road Land Partners South, LP Location: 17210 Douglas Road Jurisdiction: City of South.Bend . Requested Action: The petitioner is requesting.a zone ..change from R Single Family District (County) to CB Community Business District(City)to allow;uses allowed in CB Community.Business District. Land Uses and Zoning: On site: The site is vacant. North: To the north is Memorial Home .Care zone&CB Community,Business District (South Bend). . . East: To the east is a vacant outlot, part of the Brown Mackie College campus and a dentist office zoned CB Community,Business:Distriet;(South Bend). •� South: To the south is a retention area for Brown Mackie College coned CB Community Business District(South Bend). West: To the west are single family homes, zoned R Single Family District(County). District uses and development standards* The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The total area is 0.75 acres. There is a 3,830 square foot building proposed, covering 12%of the site. The proposed 33 parking spaces, along with drives cover 44% of the site. The remaining 44% is open spaces. Access will be through the Brown Mackie site via an ingress/egress easement provided on the Douglas Road Partners Minor Subdivision. Zoning and land use history& trends: The Brown Mackie site to the east was annexed in 2401 and most recently rezoned in 2008. A subsequent subdivision in 2009 created two outlots along Douglas Road. Other recent activity in the area include Memorial Home Care, to the north, annexed in 2002 and rezoned in 2002 and 2005 and Horizon Bank,at the corner of Douglas and State Road 23, rezoned in 2009. Traffic and transportation considerations: Douglas Road is a four lane road with dedicated left turn lanes at the signaled intersections with State Road 23 and the entrance to Brown Mackie/Memorial Home Care. Utilities: The site will be serviced by municipal sewer and water. Additional information: (Agency comments) The City's Annexation Planner notes the annexation is 75.8% contiguous to the existing city limits, and City services, including water and sewer, can be made available. Therefore the project meets the requirements for annexation. Commitments: No commitments are proposed. Douglas Road Land Partners South, LP #2626-12 Page I of 2 5 Criteria(per IC 36-7 4-503): 1. Comprehensive Plana Policy Plan: Cily lan South Ben Com ' hensive Plan v r 2006). Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective ED I. Retain existing businesses and recruit new ones to the city. The rezoning is consistent with these policies. Land Use Plan: The Future Land Use Map identifies the area around the intersection of Douglas Road and State Road 23 as a Regional Commercial Node. The rezoning is consistent with the Future Land Use Map. Plan ltnhpIententhtion/Other Plans: There are no other plans in effect for this area 2. Current conditions and character: This surrounding area is a mixture of residential and commercial uses, in the City of South Bend, City of Mishawaka,and unincorporated St.Joseph County. 3. Most desirablevse: The most desirable use for this site would be commercial or office uses similar to the existing surrounding businesses. 4. Conservation of property values: Since the site is properly buffered, the residential property values to the west should not be affected, 5. Responsible development and growth: It is responsible development and growth to allow the compatible expansion of an existing commercial area. Recomineddation: Based'ori information available prior to the public hearing,the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This site is an appropriate expansion of the commercial activity along Douglas Road, and will provide appropriate buffering to the remaining residential homes. Douglas Road Land Partners South,LP #2626-12 Page 2 of 2 R 000 IS, r, .w. s F. R ' Qg � R OB !R SH R Rezoning from: "R" SINGLE FAMILY DISTRICT (COUNTY) to "CS" COMMUNITY BUSINESS DISTRICT (CITY OF SOUTH SEND) Zoning Classification COUNTY"R" SINGLE FAMILY DISTRICT N COUNTY"OB" OFFICE/BUFFER DISTRICT COUNTY"B" BUSINESS DISTRICT w E COUNTY"C" CO M M ERICAL DISTRICT S SOUTH BEND"SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT I inch 200 feet SOUTH SEND'113" LOCAL BUSINESS DISTRICT G SOUTH BEND"CB" COMMUNITY BUSINESS DISTRICT 2626- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4 Douglas Road Land Partners South, LP 17210 Douglas Road South Bend, IN 46635 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and for the zoning of±0.8 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100%of the owners of the land in the territory sought to be annexed and zoned. it is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8).of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89016'18" EAST ALONG THE NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00 112'28" WEST, 45.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89116'18" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00°29'43" EAST ALONG SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89°16'18" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00 012'28" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. SECTION ll. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION-111. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same herby is amended in order that the zoning classification of the following described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the some is hereby established as Community Business District; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval 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 , 20 , at o'clock M. City Clerk Approved and signed by me on the day of , 20 , at o'clock M. Mayor, City of South Bend, File d In Ciork's Off' t sr RED YI fG 3-(L'(L s �. PUSUC K-'ARING 3 rd READS NG r„ ,.. NOT APMOVED REFEP RED 7— PASSED PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirms) as follows: 1) I am (We are) the owner(s) (hereinafter"petitioner"or"petitioners") of a parcel of land more particularly described in Exhibit"A". 2) Petitioner(s) desires that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by one-hundred percent (100%) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17210 Douglas Road,South Bend, IN 46635 5) The Property Tax Key Number: 002-2023-054801 6) The name and address of the property owner(s) of the petition site is/are: Dou las Road Land Partners South LP 7) The name and address of the contingent purchaser(s), if applicable: Not Am cable 8) The parcel is ±0.8 acres in size and currently has the following use(s) on it: Vacant Land 9) The number of people currently residing on the property: None 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: "R"Sin-ale-Family Residential District To City of South Bend zoning classification: "CB" Community Business District , for the following use(s): Uses allowed in "CB" Community Business District 1 1) The anticipated "build-out" year for the project: 2012 12) The proposed number of lots: Not AD12licabig 13) , The proposed miles of new roadways: None 14) The following information has been submitted with the Petition: 1. A legal description of the property; titled as Exhibit A; 2. A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. Seventeen (17) site plans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The signature{s) of all property owner(s), or Attorney for all property owners(s) Printed: James W. Laskowski SecCQ!ory D u las Road Land hers South, L.P. 1 Signed: Addr 227 South Main Street, Suite 300_ South Bend, IN 46601 Phone Number: _(574) 234-2073 16) Name, Address, and Phone Number of Contact Person/Preparer (please print): Bradley E. Mosness, PE Paul A. Phair, VP Development of Abonmarche Consultants, Inc. Holladay Properties 750 Lincoln Way East 227 South Main Street,Suite 300 South Bend, IN 46601 South Bend, IN 46601 (574) 232-8700 (574) 217-4498 Filed En i66 ,s t kl MA 7 Z'Q-t? VOLUNTARY ANNEXATION - Tentative Annexation Schedule (100%voluntary annexation) PETITION 17210 Dou las Annexation Area File Date 3/7/12 1 st Reading 3112/12 Request Sent 3/12112 Request Due 3130112 Fiscal Plan Done 4/13112 BOPW Agenda Session 4/19112 BOPW Hearing 4124/12 BOPS 4118/12 APC Public Hearing 4117112 APC Report to Council 4/23/12 '. Council Advertisement 4/27112 Resolution to Clerk 5123112 2nd Reading 6/28/12,— 5129/12 3rd Reading 6/11/12 ,- 6125112 Advertised 6122112 7/6/12 — Appeal Period Start 6122112 7/6/12 , Appeal Period End 7122/12 8/5/12— Days: 137.00 151.00 Months: 4.57 5.03 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (DOUGLAS SOUTH ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.75 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 75.8% contiguous, generally located on the south side of Douglas Road east of State Road 23 (172 10 Douglas Road). It is anticipated that the annexation area will be used for commercial purposes as permitted by the zoning ordinance. This site will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS,the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2)the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography,patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section L It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of the Northeast Quarter of said Section 32; thence North 89'16'18" East along the North line of said Section 32, 140.70 feet; thence South 00012'28" West, 45.01 feet to the point of beginning; thence North 89'16'18" East parallel to the North line of said Section 32, 185.55 feet to a point on the West line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00°29'43" East along said West line of said Minor, 175.00 feet; thence South 89'1.6'18" West along the Northerly line of Lot 3 in said Minor, 187.70 feet to the East line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00°12'28" East along said East line, 175.02 feet to the point of beginning, said parcel containing 0.75 acres, more or less, and subject to all right-of-way, easements, covenants and restrictions of record. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to famish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use, or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid by the developer in compliance with State and Local law; that no additional street lighting will be necessary; and that no new roads or streets will be required. Section IV. It is a further condition of annexation that any future alterations to the property meet the City of South Bend's building and zoning regulations and requirements. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. Member, South Bend Common Council 4i?s PRESENTED ,�; NOT APPROVECP ADOPTED THE CITY OF SOUTH BEND a FISCAL PLAN S UTH S ' N% AREA Pete Buttigiep Mayor South Bend Com n.-Council } Tim Sco . k k Henry Davis, Jrr < " Valerie Schey"' Fred Ferlic David Varner Oliver Davis ` Derek Dieter Gavin Ferlic Er «e Karen White �6 Prepared By rR ` 0y of South Bend Division 7"Tterson ommunit Development Y P 227 W. J Blvd., Suite 1200 S ` r Sou ' - Bend l 6601 Pamela C. er irector Michael Dive a Inn F11. Exhibit "A" April goo rte e� 1200 Co=-QTrBmiDjNG :, \ �j C PI40NE 574/235-9371 ", •y PAX 574/235-9021 227 W.jEFrFxsoN Botn�vAxD y� �� i SOUTH BEND,INDIANA 46601-1834 � R 1865 CITY o.F Sotr 4 BEND PF,-m BumG3EG, MAYOR COMMuNiTy & EcONOMic DEVELOPMENT May 1, 2012 Mr. Derek Dieter,President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council of the City of South Bend,Indiana,Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Clay Township (Douglas South Annexation Area) Dear Mr. Dieter: I am attaching for filing the aforementioned resolution, which is a companion to Bill No. 08-12. That Bill proposes to voluntarily annex contiguous territory in Clay Township to the City of South Bend. The resolution provides for the Common Council's approval and adoption of the written plan and policy concerning the provision of services, both capital and non-capital, to the territory to be annexed. This 0.75-acre annexation area contains one parcel on Douglas Road,east of State Road 23. All public improvements, if any,will be required to be done at the expense of the developer. I request that the attached resolution be placed on the May 29,2012, agenda of the Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting, as well as the Zoning&Annexation Committee hearing, as the presenter. If you helve any questions, please feel free to contact me at 235-5843. Thank you. Sincerely, e e r Michael P. Divita Planner cc: Janie.Uboom City Clerk's Office COIVIMSwm DKnLOPMPNf' ECONOMTC Dr/uoPMENT . PAMELA C.MEYER DcHALD E.JNyi 5741235.9660 5741235-9371 FAX: 5741235-9469 Dou glas South Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION ............................................................. 3 SECTION II. GENERAL DATA............................................................... 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate 1. Assessments I. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES.................................................... 5 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA .......... 9 SECTION V. FISCAL IMPACT.............................................I....I...I....... 10 Fiscal Impact: TABLE 1 ................................................................... 11 SECTION VI. APPROVAL....................................................................... 12 LegalDescription ........................................................................... 13 Map: MAP i ..................................................................................... 14 Douklas South Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in Clay Township, St. Joseph County, Indiana (hereinafter, "Annexation Area"), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance SECTION II, GENERAL DATA A. Location The Annexation Area is located on the south side of Douglas Road, about 0.15 miles east of State Road 23 (17210 Douglas Road). See Map 1. B. Legal Description The Annexation Area is part of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty-Two (32), Township Thirty-Eight (38) North, Range Three (3) East, in Clay Township, St. Joseph County, Indiana. For a complete legal description, see Page 13. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 548 feet 75.8% Non-Contiguous 175 feet 24.2% Total 723 feet 100% D. Size of/Annexation Area The Annexation Area is approximately 0.75 acres in area. E. Buildings and Land Use The Annexation Area contains vacant single-family residential land. A commercial use, potentially a dentist office, is proposed. Douglas South Annexation Area 4 F. Zoning & Subdivisions The one property in the Annexation Area is currently zoned "R" Single Family District in St. Joseph County. With the annexation petition, the petitioner is seeking to rezone the property to "CB" Commercial Business District in the City. G. Population Zero (0) persons currently reside in the Annexation Area, and no residents are proposed to live in the Annexation Area. H. Tax Rate The tax rates used are those of 2011 payable 2012. The total tax rate for unincorporated Clay Township is 2.4435 per $100 of taxable real estate. The total tax rate for South Bend Clay Township is 5.3321 per $100 of taxable real estate. Per HEA 1001, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: PropeLtX Tae Ca Homestead 1.0% Non-Homestead Residential 2.0% Agricultural 2.0% Other Commercial 3.0% I. Assessments 2011 payable 2012, St. Joseph County Auditor property tax records: Land: $43,900 Improvements: $0 Total (Gross): $43,900 Total (Net): $43,900 J. Municipal Legislative District The Annexation Area will be in the 4th District. K. Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The Clay Township Trustee has been notified of this proposed Annexation. Douglas South Annexation Area 5 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer- A 10" diameter sanitary sewer exists on the Douglas Road frontage of the annexation area. The sewer has sufficient capacity to carry load expected from this Annexation Area and potential future extensions. No additional expenditures will be needed to extend sewer facilities. The City of South Bend and partners extended sewer to this area. It will be necessary to recover a pro rata share of fees for the sewer extension when this property is connected to the South Bend sewer system. Water - The South Bend Water Works currently has a 10" water main on the north side of Douglas Road. South Bend Water Works has no recent flow test data for this location but the static pressure will be about 50 psi. There is adequate capacity for the Annexation Area. No additional expenditures will be needed to extend water facilities. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22- 2, I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - No additional street lighting will be necessary. The existing street lighting system adequately covers this area. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. Streets - Douglas Road is already within City limits and maintained by the City. No street construction or other public capital expenses are planned. 2011 Actual Budget Report for the Department: Expenditures: $9,402,157 Miles of Roadway in City: @499.3 Cost per Mile: @$18,830 New Mileage within Area: @0.00 miles (0 feet) Estimated Maintenance cost for Annexation Area per year: @$0 Douglas South Annexation Area B. Police Department The Annexation Area would be expected to be added to the existing Beat 11. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The area under consideration is not expected to cause any unusual problems. At the present time, the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area"is based on the number of parcels. Household information is provided for comparative purposes. 2011 Actual Budget Report for the Department: Expenditures (including pension cost): $34,921,936 Number of Households in City (2010): @39,760 Cost per Household: @$878 Number of Parcels in City (2011): @48,360 Cost per Parcel: @$722 Proposed Number of Households in Area: 0 Number of New Parcels: 1 Cost for Annexation Area per year: $722 (1 parcel x $722 / parcel) C. Fire Department Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire department. The Annexation Area will be serviced primarily by Fire Station #3, located at 1805 McKinley Avenue, approximately 2.7 miles away. Additional Fire Department units would respond from Fire Station #9 at 2520 Mishawaka Avenue, which is approximately 3.9 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. Dou las South Annexation Area 7 Emergency Medical Response - The City, under contract with St. Joseph County, provides .emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area will be serviced by Medic #12, which is at Penn Township Fire Station #2, located at 13750 McKinley Highway, before annexation. After annexation, this area will be serviced by Medic #3, which is at Fire Station #2, located at 402 Martin Luther King, Jr. Drive (approximately 4.1 miles away), and Medic #2, which is at Fire Station #1, located at 1222 S. Michigan Street. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2011 Actual Budget Report for the Department: Expenditures (including pension cost): $27,594,700 Number of Households in City (2010): @39,760 Cost per Household: @$694 Number of Parcels in City (2011): @48,360 Cost per Parcel: @$571 Proposed Number of Households in Area: 0 Number of New Parcels: 1 Cost for Annexation Area per year: $571 (1 parcel x $571 / parcel) D. Code Enforcement The Annexation Area will be added to Area 4. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. 2011 Actual Budget Report for the Department: Expenditures: $2,202,537 Number of Parcels in City (2011): @48,360 Cost per Parcel: @$46 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: $46 (1 parcel x $46 / parcel) Dou las South Annexation Area 8 E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Industrial, commercial, and apartment customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste is able to provide service to small commercial customers such as this proposed. The cost to provide solid waste services would be $12 per month with service beginning on the effective date of the Annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's office, the Legal Department, and Parks & Recreation. These services are available upon the effective date of the Annexation: Full and dedicated response for non-capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County/South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Dou las South Annexation Area 9 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add vacant land to the City of South Bend. The Annexation Area is presently zoned "R" Single Family District in St, Joseph County. The Memorial Home Care office zoned. "CB" Community Business District in the City is located to the north, To the east is a vacant outlot and Brown Mackie College zoned "CB" Community Business District in the City. To the south is a vacant lot zoned "CB" Community Business District in the City. To the west is a single-family home zoned "R" Single Family District in the County, A commercial use, potentially a dentist office, is proposed. The preliminary site plan shows a 3,830 square foot building with a parking lot providing 33 spaces. Vehicular access to the property shall be made via an extension of the internal access drive currently in place to the southeast. No curb cuts will be made to Douglas Road. Pedestrian access to the Douglas Road sidewalk should be provided. Any improvements or future changes will need to meet the City's applicable building and zoning ordinances. The Annexation Area is located along a corridor that has experienced rapid commercial growth over the last few years. Redevelopment of the Douglas Road residential properties immediately to the west of the Annexation Area into commercial uses is anticipated over the next few years. The recent widening of Douglas Road from State Road 23 to the Mishawaka city limits supports this commercial development. Filed in L,M7023201Z Dou las South Annexation Area 10 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2011 payable 2012 tax information, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bead Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Douglas South Annexation Area I j IIIIYIYIY®Im11�11111111111111111111111� 111011111pRYtlYI�111111�A UIRYd TABLE 1 Summary Table — Estimated Fiscal Impact Expenditures Capital Non-Capital Notes 5-Year Total Est. Per Year Est. Street Construction $0 $0 Connection at Sewer Extension $0 petitioner's $0 expense Connection at Water Extension $0 petitioner's $0 expense Street Lights $0 $0 Street Maintenance $0 $0 $0 Police $0 $722 $3,610 Fire $0 $571 $2,855 Code $0 $46 $230 Approximate 5-Year Expenditures $6,695 Revenues Notes Total (Est.) 5-Year Total Year $747 Year 2 $5,955 (to City) Property Taxes Year 3 $5,955 $24,567 Year 4 $5,955 Year 5 $5,955 MVHJLRSA Estimated at revenue $0 per mile of 11 707 $0 Approximate 5-Year Revenues $24,567 Revenue estimate based on $43,900 net assessment and capped commercial tax rate of 3% of $43,900 gross assessment prior to development, and $350,000 net assessment and capped commercial tax rate of 3% of$350,000 gross assessment after development, first taxable in Year 2. Dou las South Annexation Area 12 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2012. Dou las South Annexation Area 13 LEGAL DESCRIPTION A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of the Northeast Quarter of said Section 32; thence North 89 016'18" East along the North line of said Section 32, 140.70 feet; thence South 00 012'28" West, 45.01 feet to the point of beginning; thence North . 89 016'18" East parallel to the North line of said Section 32, 185.55 feet to a point on the West line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00°2943" East along said West line of said Minor, 175.00 feet; thence South 89 116'18" West along the Northerly line of Lot 3 in said Minor, 187.70 feet to the East line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00 012'28" East along said East line, 175.02 feet to the point of beginning, said parcel containing 0.75 acres, more or less, and subject to all right-of-way, easements, covenants and restrictions of record. Dom !as South Annexation Area 14 MAP l D uglas youth Annexation Area ch NORTH PER �a 4 �e 5� r e; r ... 1175 E i D 125 25D 5DO Douglas South Annexation Area City©f South Bend Feet Prepared by City of South Bend Department of Community&Economic Development Ma MAY 2 3 ;i JOHN city CL ER "sCLa rf- F, 03- 12- RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1801 Commerce Drive AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR R 2 DIAGNOS'T'ICS, INC. 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 1801 Commerce Drive, South Bend, Indiana, and which is more particularly described as follows: E PT Lot 25 Airport Industrial park Phase II- Sec 33-38-2E Cont .40 acres+/- W 287 FT of Lot 25 Airport Industrial Park Phase II-S.W.1-4 Sec 33 -38-2E 1.57 acres S 80-5 FT of Lot 24 S.W. Sec 33-38-2E and which has Key Numbers 025-1008-033502; 025-1008-033508; 018-2183-688612; and OI8-2183-688603 be designated 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 I. 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 five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et_ sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. -�-�-�t �0- 0 ol,( Member of the Common C cil f�e opp"wJ'n ItE t:a �'�zl ca Nrg"a►seve-1 Fined i { USENEID MAY 0 6 L012 � ar ApPiZOVEL! JOHN VC�ORWn i70pTECi CITY CLEAK,,.—OUTH BE1,11, IN! ; RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 VEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL- MOGUL POWERTRAINg INC. 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 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2rd P.M., St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East-West Half section line of said East Half North 88 degrees 53 minutes 36 second East 915.58 feet from the center of said Section 21;thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East-West half section line of said Section, 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet;thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East- West half section line of said East half the point of beginning, and containing 26.203 acres,more or less and which has Key Number 25-1013-0218 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 L 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 IL The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of(S) five years, and finther determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-I.1-12 et seq. SECTION III. 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 Common Council r�{ }ro.88�� a 5"'';•^c'j'.+ 99q°af;',Z-_.� C.:.:iW: �W4i4l5dY��`�.�r?..i�iY�•he°tw_�"'.9�ab1.3dA' Cw.f3iw`t W ei o-'1•:d Ir d In Clark's 'j'-L" FP,1 0 0 Z0j RE'S£NTED t R�!'r APPROVED 7,D0PT RI RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 (FIVE) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT 'TUBE, LLC and/or ITS AFFILIATES 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 1217 S. Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00°00'49" East along said West line of Walnut Street 479.91 feet; thence South 89°54'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89 023'32" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. and which has Key Number 018-8021-084503 a/k/a 71-08-15-276-003.000-026, be designated 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 I. 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 Real 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 1T. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of 5 (five)years , and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12!g sea. SECTION III. 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 Common C until kgnC9aF R4 f ta: anu Council WUCM on fills issue, Filed h, Cil*r M1 AY 4 2012 PRESENTED 140y, APPROVEq CITY CLI-1-i v '�it USE D,IN �WOPIE a C RESOLUTION NO. A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15,2011 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW MANUFACTURING EQUIPMENT LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4000-09 FOR PRAIRIE APARTMENTS HOUSING PARTNERS II, L.P. LOCATED AT 2630 PRAIRIE AVENUE Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common Council of the City of South Bend, Indiana commonly known as 2630 Prairie Avenue, South Bend, Indiana had adopted RESOLUTION 4000-09,pursuant to Indiana.Code 6-1.1- 12.1 to be an economic revitalization area for purposes of ten(10)year real tax abatement for Prairie Apartments Housing Partners II,L.P. Whereas, Resolution 4000-09 was presented and adopted by the Common Council November 9, 2009. Mr. William Hollingsworth as petitioner representative was in attendance. Whereas, Mr. Hollingsworth states that the Application for Deduction from Assessed Valuation for New Manufacturing Equipment in Economic Revitalization area(Form 322)was prepared and given to a representative of the Department of Community and Economic Development. Whereas, the Auditor's Office states that it has never received the required Form 322 from a representative of the Department of Community and Economic Development. Whereas, the tax bill which was to have been 100% abated results in a tax being due of $184,724.56. Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. There has been a change in the personnel in the Department of Community& Economic Development and the required Form 322 cannot be found in the department files. B. The stated property cannot afford this large tax bill at the present time. C. Prairie Apartments Housing Partners II, L.P. has met or exceeded all financial goals stated in their original petition for a tax abatement. The initial cost of the project was estimated to be$5,000,000 and the actual cost was $9,550,000. Two new positions have been created and three old positions have been retained as stated in the original petition. E. The project is an outstanding asset to this community. Phase I and Phase II of the Project remain 100% occupied with a waiting list attesting to the quality of the project and the management. F. Portage Prairie Phase I won the 2009 Apartment Association of Indiana's award for Best Affordable Apartment Complex in Indiana. G. Phase I and Phase II of the project remain in good financial standing with 100%of all creditors and vendors. H. All other required documentation has been received from Prairie Apartments Housing Partner's 11, L.P. by the required due dates. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. SECTION III. The Common Council hereby waives the filing deadline of May 15th 2011 and pursuant to Indiana Code 6-1.1-12.1-4.8 adopts this resolution that authorizes acceptance. . " "A Member of the Common ouncil Si nI o f tj3 '! qpy�p� !`} +� 9t�c: -�e.��?ss�f rare.,• Council W&I Cn , PPESET-4 ED 14 NOT APPR'O`ED ADOPTEO 1200 COUNTY-CITY BUILDING PRONE 5741 23 5-9371 227 W.JEFFERSON BOULEVARD ��\ � �FAX 574/235-90211 SOU'T'H BEND,INDIANA 466o1-1830 -1 �W C,9 1B6i CITY OF SouTH BEND PETE B=GIEG,MAYOR COMMUNITY & ECONOMIC DEVELOPMENT May 18, 2012 Council Member Henry Davis, Chairperson Community& Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: Prairie Apartments Housing Partners TI, L. P. Dear Council Member Davis: Portage Prairie Housing Partners II, L.P. was approved for a ten year personal property tax abatement on November 9, 2009 through resolution number 4000-09. The filing deadline for Form 322 was May 15, 2011. The petitioner maintains that the form was turned in to the Department of Community&Economic Development. The Auditors Office has not received the required Form 322 from the Department of Community and Economic Development. Consequently,the petitioner did not receive his abatement for the pay 2012 tax year. The company is requesting a resolution from the Common Council waiving the filing date for the Deduction Application. A representative of the company will be available to meet with the Committee on Monday, May 29, 2012. To accomplish this request, a tax abatement recipient must notify the Council in writing.Attached you will find a letter from the company's representative, Bill Hollingsworth, requesting the waiver. Should you or any of the other Council members have any questions concerning the report or need additional informations please feel free to call me at 235-9278. Sincerely, Kathy Hahn �.,9..;.,.�..........._.. ,.......- . ,�....._.-..--. y n ailed in Cteri,a!s Economic Development Specialist Attachments I c: South Bend Common Council Members Mayor Pete Buttigieg Don Inks CIL[MAY E AN,, Scott Ford -------�w COMMUNITY DEVELOPMENT Ec.ONOMIC DEVF.I.OPMIINT PAMBIA C.MLYBA DONAU)E,1Nxs 5741235-9660 5741235-9371 PAX:574235-9469 Prairie Apartments Housing Partners 11. L.P. 4000 W. 106th Street, Suite 125-146, Carnal, IN 46032 Via entail and certified mail Bill Hollingsworth 317-557-9442 5/17112 whoIlingsworth @equaldevelopntent.com Kathy Hahn Community and Economic Development City of South Bend 227 W.Jefferson Blvd. South Bend. IN 46601 Dear Mrs. Hahn, As we have discussed over the last couple of weeks,Prairie Apartments Housing Partners 11, L.P,a 96 unit affordable housing apartment community received a tax abatement on November 9,2009 with Resolution No.4000- 09 with a unanimous City Council vote. Since that time Prairie Apartments, Phase If has fulfilled and exceeded all promises made to the City of South Bend. The Auditor's office states that it has not received Form 322/RE with respect to the abatement. I sent the required form into the city,but not directly to the Auditor's office. I was not advised to do anything else. I had such a positive working relationship with the City and was under the impression that the form would be delivered to the Auditor,and did not realize this was an issue until I received the tax bill, which should have been abated. I understand there was a change in personnel in this city office, and perhaps my form was overlooked.Therefore, I humbly ask for the Common Council of the City of South Bend to grant Prairie Apartments Housing Partners 11, L.P.a Waiver of Non-Compliance for this paperwork mishap. To mitigate the technical noncompliance and show consistent compliance throughout the tax abatement process. I have completed all other requirements on time or ahead of schedule and met or exceeded all financial terms, including: ® I have filed all the other forms correctly and on time(in fact, months before the due dates) including the form C F-1 every year. • I promised$8,000,000 in new construction,but 1 delivered over$9,850,000 in the new project. 23% more project than promised. ® 1 promised to create 2 new position and I delivered with 2 new positions. • I promised to retain 3 old positions and I maintained 3 old positions • All salary requirements were met and exceeded. • All employees have health benefits. • All employees are paid above the average pay rate for their classification of job. • All employees are continuously trained via internal and external training classes. • The same ownership applied for and also received a unanimously voted upon 10 year tax abatement for Prairie Apartments Phase 1. All documents, forms, employment,and financial commitments were met or exceeded by the applicant on time. • Prairie Phase I won the 2009 Apartment Association of Indiana's award for Best Affordable Apartment Complex in Indiana. • Phase 1& 11 remain 100%occupied with a waiting list,attesting to the quality of the project and the quality of the professional management, • Phase 1 & If both remain in good financial standing with 100%of all creditors and vendors. We have never been a penny short or minute late on our obligations to others. This year's tax bill, which was to be 100%abated, is$92,362.28 for each installment,totaling$184,724.56. This unfortunately makes this paperwork mistake a severe and huge$184,724.56 problem that the property hasn't budgeted for, nor can afford. An additional effort to show that I am earnest and honest about our commitments;I have submitted the$92,362.28 for the May I Oth payment on time. I sincerely hope that the Common Council of the City of South Bend will approve the Waiver of Non Compliance and the Treasurer's office can refund the much needed money. Additionally,knowing that the 322/RE can't be found 1 provided the Auditor's office with a new one on May 10th,2012,to make sure that I've covered every possible base. In addition to the two projects on Prairie Avenue that I've completed since 2008 totaling over$22,000,000, I continue to look for new opportunities in South Bend and the County. I currently have a project that is in the planning stages in St.Joseph County on SR 933,just North of South Bend costing more than$9,000,000. 1 will continue the commitment to the South Bend market through the development of new apartment complexes and developments over the coming years. I sincerely ask for the Common Council to grant the Waiver of Non-Compliance to Prairie Apartments Housing Partners 11,L.P.. As shown in this letter and from staff and community feedback the ownership has shown consistent,reliable, honest,and timely follow through to all commitments. That consistency and honesty should give solace that Form 322/RE was sent but not inputted into the system causing this huge$184,724.56 problem. I appreciate your,Janice Talboom,and Bill Schalliol's continued and very helpful support throughout this effort. Best regards, William J. Hollingsworth Prairie Apartments Housing Partners 11, L.P. 317-557-9442 who]Iingsworth@equa]development.com '6 MAY 16 201/ 1 PD - k2,- ' RESOLUTION Bill No. 12- A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, REQUESTING THAT KENNEDY PARK AND BELLEVILLE PARK BECOME PRIORITIES FOR OBTAINING MORE PLAYGROUND EQUIPMENT AND UPDATED SHORT AND LONG- TERM CAPITAL PLANS 4 Kennedy Park located on Olive Street at Westmoor Street contains 38.56 acres and Belleville Park located on Evergreen Lane at Meadow Lane are dedicated to park and recreational activities in the City of South Bend; and Kennedy Park and Belleville Park are listed among the eighty (80) listed parks and facilities on the South Bend Parks &Recreation official website; and G in 2000, the Kennedy Water Playground opened as a "low-depth, interactive water playground which is geared for children between 18 months and 10 years of age; with some of the features including a slide, tire swing, and multiple s�ray features being available for fees if 3 years or older with the facilities being opened from June 7 to August 8`h; and on April 12, 2004, the South Bend Common Council passed Ordinance No. 9500- 04 which approved the transfer of 0.374 acres of the northern portion of Kennedy Park to the City of South Bend in order to permit the City to straighten and make other improvements to Bendix Drive; and N) in the interest of addressing the growing needs of the residents and visitors who frequent Kennedy Park and Belleville Park this Resolution is being Bled so that there will be discussions with the Park Department and Board of Park Commissioners before the 2013 budget process begins. 94 rw, ar""e d,, ly 4G Zwd, afn4ona, as follows: Section I. The Common Council of the City of South Bend, Indiana, believes that South Bend provides great park and recreational opportunities throughout our city. Section II. The Council believes that there continues to be a growing and sustained demand for more playground equipment at Kennedy and Belleville Parks which should be addressed before next year's budget process begins. Section III. The Council further believes that positive discussions should take place so that the needs in these two (2)popular parks may take place. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Kennedy and Belleville Park Resolution Page 2 Oliver Davis, 6t District Council Member V)k" - Henry Davis, Jr., 2"j Dishft Council Member Caavr��is a�o� ,,P09.1� Pete Buttigieg, Mayor South Bend, Indiana John Voorde, City Clerk COunci acUM Si.�iyyd) 'dj S PRESENTED NOT APPROAd Oryc "`"' 40.0 �� ,,,` ,' ►,��, City of South Bend. d Common Council y 1865 441 County-City Building - 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601•-1830 Fax (574) 235-4173 http://www.soud)bendin.gov Derek D. Dieter President Oliver J. Davis Vice-President May 21, 2012 Karen L. White Chairperson, Committee Members of the Common Council of the Whole 4th Floor County-City Building South Bend, Indiana 46601 Tim Scott First District Dear Council Members: Henry Davis, Jr. Second District sponsoring We are s onsorin the attached resolution in the interest of having the opportunity to have discussion on the capital needs of two (2) of our most Valerie Schey fi popular parks—Kennedy and Belleville. Third District We are hopeful that such discussions can take place before the 2013 budget is Fred Ferlic filed for Council consideration. Fourth District David Varner We look forward to discussing this with you next Tuesday. Fifth District � erely, � Oliver J. Davis f Sixth District Derek D. Dieter h1 Da , Jr., 2" istrict Council Member At Large Gavin Ferlic At Large X01 r s 6t' i ct Council Member Karen L. White At Large Attachment ry h t kA eo; ( A t RESOLUTION Bill No. 12- A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, REQUESTING THAT DISCUSSIONS BE INITIATED WITH THE SOUTH BEND REDEVELOPMENT COMMISSION ON POTENTIALLY ADDING A PORTION OF LINCOLNWAY WEST TO THE AIRPORT ECONOMIC DEVELOPMENT AREA in 1990, the Airport Economic (Blackthorn) Development Area (AEDA) was established which is composed of 5,281 acres and includes immediate access to the South Bend Regional Airport, the Indiana Toll Road and the U.S. 31 Bypass also known as the St. Joseph Valley Parkway; and 4" in 2007, the AEDA was expanded to include the former Sample Ewing Development Area which consists of 2,349 acres and was originally created in 1993 when the Studebaker Corridor and the Rum Village Industrial Park were consolidated; and GX" in 2007, the AEDA was finther expanded to include the industrial areas between the original Blackthorn area and the Sample Ewing Development Area plus portions of areas in the West Washington Development Area and parts just west of the WWDA which together consisted of 333 acres bounded by Western Avenue, Olive Street, Washington Street, Chestnut and Cherry Streets; and GXA9;tw boundary changes may be made to Economic Development Areas, and require an amendment to the Plan for the area by the Redevelopment Commission and must also be approved by the Area Plan Commission and the Common Council; and 6%" in June of 1999, a "Lincoln Way West Commercial Corridor Revitalization Action Plan"was published with this 41-page document setting forth the following goal; "To establish Lincolnway West as an attractive entrance to Downtown South Bend that also provides neighborhood commercial nodes that satisfy the convenience, services, and employment needs of nearby residents and commuters" [as well as] to satisfy.the stated national goal of`smart growth' by providing redevelopment sites that avoid the detrimental affects of sprawl". (Lincoln Way West Commercial Corridor Revitalization Action Plan, p. 2) 04ao, C i a�� 6�it olri d , �g� Olemd d, QfxAwa, as follows: Section 1. The Common Council of the City of South Bend, Indiana, believes that despite the efforts made under the 1999 Lincoln Way West Commercial Corridor Revitalization Action Plan, that the City of South Bend needs to re-dedicate its efforts to improving this main western entrance to Downtown South Bend, Indiana. i Resolution Encouraging Discussion to Enlarge Airport Economic Development Area(AEDA) May 21,2012 Page 2 Section II. The Council believes that there are far too many blighted areas along Lincoln Way West which provide a negative impact not only the residents and businesses along this main thoroughfare, but also to visitors to our city.. Section III. The Common Council further believes that improving Lincoln Way West should be a top priority moving forward. The Council believes that dialogue with the South Bend Redevelopment Commission, the staff of the Community & Economic Development Department provide an opportunity as to whether a significant portion should be included into the Airport Economic Development Area. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Henry Davis,`Jr., 2 Id Distri Council Member Karen L. White, Council Member at Large Pete Buttigieg, Mayor South Bend, Indiana John Voorde, City Cleric Lei�, +Lr .i;.:+ $.r"'�'F . .:i'. . _•b Fred lh-Clork's C. r � PRESENTED NOT APPROVE CITY CLERt', City of South .fiend le x- �;�;;� Common Council 1865 441 County-City Building e 227W.Jefferson.Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter May 21, 2012 http://wwwsouthbendin.gov President Members of the South Bend Common Council Oliver J. Davis 0 FIoor County-City Building Vice-President South Bend, Indiana 46601 Karen L. White Dear Council Members: Chairperson, Committee of the Whole We are pleased to sponsor the attached resolution for your review, discussion and Tire Scott adoption. First District As you are all well aware, Lincoln Way West is the main entrance to the downtown Henry Davis, Jr. from the west. Unfortunately, despite many efforts being made, it is today a highway Second District corridor filled with far too many vacant and abandoned homes as well as vacant store Valerie Schey fronts. Third District Our resolution is aimed at jump-starting discussions with the Community & Economic Fred Ferlic Development staff and their new director, as well as with the South Bend Fourth District Redevelopment Commission. Such discussions would focus on whether a significant portion of Lincoln Way West should be added to the Airport Economic Development David Varner Area (AEDA). The last time the Common Council worked to expand this area Fifth District culminated in an expansion in 2007. Oliver J. Davis We have placed a copy of t 41-p age he 41- a e Lincoln Way West Commercial Corridor Sixth District Y Revitalization Action Plan which was published in June 1999 in the Office of the City Derek D. Dieter Clerk. At Large We look forward to discussing this with you next Tuesday at the Community and Gavin Ferlic Economic Development Committee meeting. Thank you. At Large M 5inc er y Karen L. White At Large r Henry i , r., 2nd District Council Member Karen L. White, Council Member at Large s riled in Clerk' .V'."I.. Attachment 1A,Y 2 C= CITY C ERK sC',,i ` e)-� ( t 0 ) _ ( -� ---- ( 2- _. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EASTMEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EAST/WEST ALLEY STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION f. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRS EAST/WEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EASTNVEST ALLEY. BEING PART OF JANKOWSKI'S SUBDIVISION OF SOUTH PART OF LOT 11, KUNSTMAN AND MEYER'S ADDITION AND ALSO BEING A PART OF THE WHITCOMB AND KELLER'S SUBDIVISION OF THE SOUTH PART OF LOT 11, KUNSTMAN AND MEYER'S ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION ll. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION 111. The following property may be injuriously or beneficially affected by such vacating: 018-2037-1267 018-2037-1269 018-2037-1270 SECTION IV. The purpose of the vacation of the real property is to vacate short alley that is not needed, because people throw a lot of trash in the area. It is being used as a dumping ground. We would like to beautify this area with flowers and plants to help deter people from just dumping their trash. We think is would help improve our neighborhood. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common C 'ncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Mayor, City of South Filed Fn Office USL C �EARZ l dG MAY 14 U 12 3 rd READING NOT ARPROVED� PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (,STREETSIALLEYS? TO THE COMMON COUNCIL DATE: o ( Z OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: ck- B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT# CONTACT PERSON(S) NAME: RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING A .3kj SOUTH BEND, IN 46601 --- «•�.. __...._.. 574-235-9221 PHONE: Y . : 4 b ......... �. _t 4 .r Vii.: tikf_s rvfi f ,�, 016.2837.1255 018.2037.1258 018.2037-1258 018.2837-1259 018.2037-1200 018dtl37-1257 LvNsf-rY AY4s' 14, 018-2037-1287 n C14 018.2037.1270 019-2037-1211 018-2037-1272 018-2037.1273 016-2037-1269 018.2029-0938 018.2029-0937x. 018-2029-0940 018-2029.0941 018.2029.0942 018.20294843 018-2029-0944 018.2029.0938 Roarm Sr 818.2029-0938 � "f��' 018-2028-0955 018.2029-09 O1 B•2p2$-0980 018.2029.8981 018-2929-0862 018-2028.0863 LEGAL DESCRIPTION: The alley to be vacated is the first North/South alley East of Olive Street,from Longley Avenue to the first East/West alley for a centerline distance of 125.71 feet and a width of 14 feet including one angled corner at the East/West alley. Being part of Janowski's Subdivision of South Part of Lot 11, Kunstman and Meyer's Addition and also being a part of the Whitcomb and Keller's Subdivision of the South part of Lot 11, Kunstman and Meyer's Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. t _ i O -i ^F K o a° zs° rn ° n _ r i G x rn 0 -a A _ Sit Q1 n S O 4-i 7 1+{ N CD 0 co I CI p CD Q) Q to 'N -4. lam co jay 7_ N co S m ;F - w 0 lI! fJj CD k} �' 4. �.. �... .,i.; m i O tT1 d. ML {b t"7 I to _I! �y T X ol '0 ; 0 X (D x CD z CL cr CD m c Q g 'a c a a a 5 IDI- C o -{ @ {CL >cn IQ C O a < £t 901, Q . @ S4 LD Co . µ I y CD I (D 1-i J7 X I I� �I �Xkl ID C} [D 0 SOU 1 316 COUNTY-CITY BUILDING NONE 574/235-125! 227 W JFFFMON BoumAnD V�\\ a I'rt W " SOUTH BEND,INDIANA 46601-1830 W� FAx 574/235-9171 e � lSb5 CITY OF SouTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 11,2010 Mr.Al Carothers 2314 Longley Avenue South Bend, Indiana 46619 RE: Alley Vacation — The First North/South Alley East of Olive from Longley South to the First East/West Alley (Preliminary Review) Dear Mr. Carothers: The Board of Public Works, at its October 11, 2010, meeting, reviewed favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community & Economic Development and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous, The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. This alley is currently utilized for picking up both garbage and" recycling from the petitioner's property. If vacated, the petitioner will place all waste receptacles in the east-west alley to the south. This alley will continue to have through access to both Olive Street and Huey Street. Northern Indiana Public Services Company (NIPSCO) stated there is a two-inch plastic gas main in this alley that they will need to have access to for maintenance and operation purposes. A structure cannot be placed on the alley with the active gas main present. GAi2Y f3,.GILOT,P.E. DONALD E.INKS CARL P LrrTRELL NZIDENT MEMBER MEhlsars ........ .... ...... .... fill CIA "I Im W Al tir 110, ipbo-Ev elbo OF 'w t3 K ee W 69'oar �9140 1r£ 0 13 Nli ak Osko _LKI it net L z :z -1 it o n Ob u r t, 1 f �y 7 a ��a[ Gaia• / $ ffbaC`01 6480..^tiff iv 0' P lo 11T r1of . . ft. z . OD r4i gel rt 0 ft Oyu/ 1 1179 Orr LD wr D! . . . .- "im - OL rw-Z $1 1/4 Lobo-Cc t r 0 rod- Y ti z ,, - ,,, ? i ,I k g M lavl I R A FOI oft pi ts a VWO-L CQ iz 66 Jada-[t tj , , A — 4.,( " " C�v ZZZ . _.; list a Va Z I � Olio- � W ,n ro-eX) btdoi 7— Of ov de a kilk 00 INC 44. X iz rk .......... § Page I of I Nancy Schrader- Alley Vacation Recommendation - Olive/Longley From: Nancy Schrader TO: Memo-Vacations Date: 9/14/2010 12:27 PM Subject: Alley Vacation Recommendation -Oiive/Longley Attachments: Please provide your recommendation. Thank you, Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235-9251 Fax: (574) 235-9971 NIiNNn+hi N N Nry N/vni n+n+N A+N n+N n/n+n+NlV N NNn+N N ivNNN nin+NNnlNNn++VN n+NN NN This message may contain confidential and/or proprietary information}and is intended for the person/entity to whom it was originally addressed. Any use by others is strict(y prohibited. N of Nv+V NNniN n.na NNNn.iVNry NNry Nn N n/N/\+/v+V/V/v n/n,niN NNN Nn+Nn n+N NNINf1iN fzleWC Tocvments and SettingsMSCHRAMLocal Settings\Temp\XPgrpwisei4C8P6A2... 9/14/2010 UTd r INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 9114/2010 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrelf, Engineering Department Chris Dressel, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John 8yorni, Area Plan Commission (lbvorni _-co,st- ioseeh.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pm iffin nisource.com (FYI Only) FROM: Linda M. Martin, Cleric . , SUBJECT: REQUEST FOR RECOMMENDATION -ALLEY VACATION APPLICANT: AI Carothers LOCATION: First North/South Alley East of Olive from Longley South to First East/West Ailey DATE DUE, 9/2412010 FAX OR E-MAIL TO: 235.9171.1 Imartiin@southbendin.00v RECOMMENDATIONS AND COMMENTS: I have no objection to this vacation request. By a Date _...._. .._..7'1/.Y//r:�, � T � ►/4/iii f'J�1� e � 16 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 9114/2010 TO: Andre Price, Solid Waste Bob Mathis, Community& Economic Development Carl L1 Well, Engineering Department Chris Dresses, Community& Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development John Byorni, Area Plan Commission (ibyorni@co...st- joseph.in.us or 235-9813 fax) Stephen Goer, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m iffin nisource.com)(FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: AI Carothers LOCATION: First North/South Alley East of Olive from Longley South to First EastlWest Alley DATE DUE: 912412010 FAX OR E-MAIL TO: 235-9171./lmartin @southbendin.aov RECOMMENDATIONS AND COMMENTS: BY Date /` '� Page I of I Nancy Schrader - Re. Alley Vacation Recommendation w Olive/Longiey From: Federico Rodriguez To: Nancy Schrader Date. 9/15/2010 11:29 AM Subject: Re: Alley Vacation Recommendation -Olive/Longley Approved S.B.F.D. Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,ln, 574-235-7564(0) 574-235-9305(F) €rodr14u(&souftendin.gov_ >>> Nancy Schrader 9/14/2010 12:27 PM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235-9251 Fax: (574) 235-9171 NN NNN/�fV NN Nrt•NIVNNNNt\/I\/NNN NN N/.I M NN NNNN NNNrtIN NNNN N/•/V N N NA+II This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. NIVN/\/N NNNIVI\INNNN NlV/V[V/V•VHNNN/•V IV N IVNl�//\/NnJIyN NNNfV NN 11/N N/vNNnI/V N file://C:1Documents and SettingsMSCHRADUcal Settings\Temp\XPgrpwise14C90AE3.., 9/15/2010 From: Stephen Goen To: !Nancy Schrader Date: 9/15/2010 12:41 PM Subject: Re: Alley Vacation Recommendation .Olive/Longley No Objections This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt.Stephen Goen Traffic Commander St Joe Co. Fata)Alcohol Crash Team South Bend Police Department-Traffic Investigations 741 W.Sample St South Bend,IN 46601 (574)235-7515 (574)235-7538 >>> Nancy Schrader 9/14/2410 12:27 PM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Fngineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office. (574)235-9251 Fax., (574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. .r:N:.s:...,ow+Nw^r my �wcu-a.w-_ 'r rmm:nr�s w.e+fw,>,.nxmmnNN5x4mrc.-aemnm5ns•fr5 ..v.nm.�.rw«er*e.-w.•�..+ xra:rxsr.r.Mm -w=>m ro•,M,,,ww..4..aa• (9-16 0 d LindamMartm�,h� l#ey VacatEan Recommendat:on Olive/Lon�fey �,�eW�µ�kW�R� Page 4 - nv.x e+ ; .r,'4-.ruM w-x!.n xN,w,rMSUxneanA:.,no.n..m,iv5te,wnwtPa� n.n..400t�+'-«,•r.HhaiWx.ry»4'cnni'rr+.wiN.4 5N.Iwv.ma5-4,w yv:n.rrr.r,S.n,;4: Prom: <pmgrfffin @NiSource,com> To: "Nancy Schrader"<NJSCHRAD @southbendin,gov> Date: 9/15/2010 4:09 PM Subject: 'Re.Ailey Vacation Recommendation-Olive/Longley CC: <Imartln @southbendin,gov> NfPSCO does have a 2-Inch plastic gas main in this alley and will need to have access for maintenance/operation purposes. A structure cannot be placed on this alley with active gas main present. a Philip M. Griffin NIPSCO Project Engineer-South Bend LOA Office Phone:574-284-2214 Mobile Phone: 574-220-3804 FAX: 574-284-2220 "Nancy Schrader" {NJSCHRAD@southbe ndin.gov> To <jbyornf @co.st joseph.in.us>, 09/14/2040 12:27 <pmgriffin @nisource.com>, "Andre PM Price"<APRICE @southbendin.gov>, "Chris Dressel" <CDRESSEL@southbendin.gov>, "Cheryl Greene"<CGREENE @southbendin,gov>, "Carl L.ittrell" <CLITTREL @southbendin.gov>, "Federico Rodriguez" <frodrlgu @southbend.in.gov>, "Jeff Gibney'<jgfbney @southbendin,gov>, "Robert Mathia" <RMATHIA @southbendin,gov>, "Stephen Goen"<SGOEN @southbendinrgov> cc "Nancy Schrader" <NJSCHRAD@southbendin.gov> Subject Alley Vacation Recommendation- OlivelLongley Please provide your recommendation. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaptan Fax 574235-9813 September 22, 2010 City of South Bend Board of Public Works 13`h Floor, County-City Building South ,Bend, Indiana 46601 RE: Alley Vacation Applicant:Al Carothers Vacation of the First North/South Alley East of Olive Street from Longley,avenue to the First North/South Alley Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved:person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church,school,or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. This alley is currently utilized for picking up both garbage and recycling from the petitioner's property, If vacated,the petitioner will place all waste receptacles in the east-west alley to the south. This alley will continue to have through access to both Olive Street and Huey Street. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, //""Derek Spier,AICP Planner " l Serving South Send.Lakeville, Now Carlisle,North Liberty,Osceola,Roseland and St.Joseph County,Indiana From: Chris Dressel To: Nancy Schrader Date: 9/25/2010 2:39 PM Subject. Re: Alley Vacation Recommendation - Olive/Longley Attachments: Chris Dressei.vcf Recommended for approval. Christopher D. Dressel Planner City of South Bend Division of Community Development 1200 County-City Bullding 227 W.Jefferson South Bend,IN 46601 Phone:574-235-5847 Fax:574-235-9697 cdresseI0 southbendn.aov >>> Nancy Schrader 9/14/2010 12:27 PM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Pubtic Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Fax: (574)235-9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to Whom it was originally addressed.Any use by others is strictly prohibited. �QUTH .1 Age 1 6 s INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 9/14/2010 TO: Andre Price, Solid Waste t.,4ob Mathia, Community & Economic Development Carl Littrell, Enbineering Department j,- `hris Dressel, Community & Economic Development L/Federico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development jAhn Byorni, Area Plan Commission 'b orni co.st- "ose h.in.us or 235-9813 fax) #ephen Gaen, Police Department Cheryl Greene, City Attorney's Office k...-P'hil Griffin, NIPSCO (gym iffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk . SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: AI Carothers LOCATION: First North/South Alley East of Olive from Longley South to First East/West Alley DATE DUE: 9/2412010 FAX OR E-MAIL TO: 235-9171 / Imartin@southbendin.®ov RECOMMENDATIONS AND COMMENTS: By Date ORDINANCE NO, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A DOWNTOWN MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT STATEMENT OF PURPOSE AND INTENT To complement economic development efforts of cities and towns, the Indiana General Assembly enacted Ind. Code §7.1-3-20-16 (The "Act"). The Act allows the Indiana Alcohol and Tobacco Commission (ATC) to issue one-way, two-way and three-way nontransferable permits without regard to the ATC quota restrictions to restaurants located within an authorized Municipal Riverfront Development Project, funded in part with State and City money. The St. Joseph River is among the City of South Bend's most beautiful and treasured assets, and the optimum utilization of this valuable resource was emphasized in the Central Development Area Development Plan (The "Plan") adopted by the South Bend Redevelopment Commission on May 10, 1995, and last amended December 28, 2010. Riverfront Development was also emphasized in the City Plan, and the East Bank Village Master Plan both of which called for optimum utilization of South Bend's Riverfront property. Through its Resolution No. 4163-12, adopted on March 26, 2012, the South Bend Common Council expressed its interest in establishing a Municipal Riverfront Project. The Council further finds that adoption of a Municipal Riverfront Development Project is consistent with the Plan, and that over 22 Indiana cities and towns have designated a municipal riverfront project, resulting in the issuance of 130 riverfront licenses (ATC designated License No. 221-3) which have fostered economic development in these cities. To encourage new restaurant proprietors to invest in the SBCDA, the South Bend Common Council determines that it is in South Bend's best interest to authorize and establish boundaries for a Municipal Riverfront Development Project in the downtown area, and to work with the City Administration to establish processes and procedures to permit such proprietors to apply to the ATC for a 221-3 Riverfront License. This Ordinance identifies the boundaries of a Municipal Riverfront Development Project, as shown in a map attached as Exhibit "A", and the Council finds that these boundaries comply in all respects with the Act in that the designated area borders on at least one side of the St. Joseph River and the entire authorized real estate as legally described in Exhibit "B" . located within a redevelopment area established under Indiana law, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows. Section I. The area shown on the map attached as Exhibit "A" and described legally in Exhibit "B" is hereby designated as a Municipal Riverfront Development Project for the City of South Bend pursuan# to the Act, and it meets all qualifications for such a Project under the Act. Section II. The South Bend Redevelopment Commission is directed to develop policies and procedures for individuals, corporations, and business entities to apply for a Riverfront License pursuant to the Act and consistent with the regulations promulgated as a result of the Act. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest., /.Member of the Common Council S. ej," E::,�J�s"1:8!. R.�.. C2 oa;,f�l%�li $iJ Ir�A:\ City Clerk Cound ack—)ren Ia�r Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock m. City Clerk Approved and signed by me on the day of ,2012, at o'clock m. Mayor, City of South Bend, Indiana R1,ADING !i .Y J riV V LV �s•kF oP`�ri' :x. PASSED South Bend Municipal Riveriront Development Project District i d t F6 B1 Off F Ha nd � us F F iI-S rin S . Mau G 4 /eyPl iii t At �r-.S t —Ma gisarr& y Roo `, Mc isle p A rr �F y, hr v z sync Gil t@Fll x � _ Jk k.f t Futt-S tt Y MP TiF Areas Riverfront District proposed r�Jvhnson-R 1,500 ft Buffer from River W40 St R C 71111111111 0 Feet 0 416630 1 ,660 21490 3,320 t=YWRrT 6 EXHIBIT B Legal Description for the Downtown Municipal Riverfront District Beginning at the intersection of the Centerline of Corby Boulevard with the Centerline of St. Louis Boulevard; thence South along the Centerline of said St. Louis Boulevard a distance of 2,870 feet more or less to the Centerline of LaSalle Avenue; thence West along said Centerline to the North projected Centerline of the first Alley East of Hill Street; thence South, along said projected Centerline to a point that is 66 feet North of the North right-of-way line of Washington Street; thence East to the East right-of-way line of St. Louis Boulevard; thence South along said East right-of-way line to the North right-of- way line of Washington Street; thence East on said North right-of-way line to the East right-of-way line of the first North-South Alley East of St. Louis Boulevard; thence South along said East right-of-way line of Alley to the South right-of-way line of the first East- West Alley South of Washington Street; thence West along said South right-of-way line of said Alley to the centerline of the first 14-foot North-South Alley lying East of Hill Street; thence South along said Centerline of Alley to the South right-of-way line of Jefferson Boulevard; thence East along said South right-of-way line to the East right-of- way line of St. Louis Boulevard; thence South along said East right-of-way line to the North right-of-way line of Wayne Street; thence East along said North right-of-way line of Wayne Street to the East right-of-way line of Notre Dame Avenue; thence South along said East right-of-way line to a point on the East right-of-way line of Notre Dame Avenue which is South 205 feet from the South right-of-way line of Wayne Street; thence East 173 feet; thence North 102.5 feet; thence East 171.07 feet to the West right-of-way line of Frances Street; thence South along said West line 102.5 feet to a point of intersection with the North right-of-way line of Quimby Street extended West; thence East along the North right-of-way line of Quimby Street and its Westerly extension to the West right-of-way line of Eddy Street; thence South along said West line to the South line of the Plat of Parry's Addition; thence West along the said South line and the South line of the Plat of Beck's I" Addition to the West right-of-way line of Frances Street; thence South along said West line to the Northeasterly right-of-way line of Northside Boulevard; thence Southeasterly along said Northeasterly right-of-way line to the South right-of-way line of Sample Street; thence Southwesterly along said South right-of-way line to the Centerline of the St. Joseph River; thence meandering Northwesterly along said Centerline to the Easterly projection of the Southerly right-of-way line of Monroe Street; thence Southwesterly along said projection and the Southerly right-of-way line of Monroe Street to the Easterly right-of-way line of Lincolnway East (U.S. Highway #933); thence Southeasterly along said Easterly right-of-way line to the South right-of- way line of Sample Street; thence West along said South right-of-way line to a point which is East 137.5 feet from the Centerline line of Rush Street projected South; thence North 300 feet; thence West 137.5 feet to said Centerline line of Rush Street; thence along said Centerline for the next two (2) courses, North 530 feet and West 248 feet; thence North 100 feet; thence West 100 feet to the Centerline of Fellows Street; thence North along said Centerline 210 feet to the Centerline of Bronson Street; thence West along said Centerline of Bronson Street to the Centerline of Columbia Street; thence North along said Centerline of Columbia Street to the Centerline of South Street; thence West along the Centerline of South Street to the Centerline of Carroll Street; thence West along the Centerline of South Street to the Centerline of Carroll Street; thence North along the Centerline of Carroll Street to the Centerline of Monroe Street; thence West on the Centerline of Monroe Street to a point that is 250 feet East of the Centerline of Michigan Street; thence North to the Centerline of Western Avenue; thence West on the Centerline of Western Avenue to the Centerline of Michigan Street; thence North on the Centerline of Michigan Street to the Centerline of Wayne Street; thence West on the Centerline of Wayne Street to the Centerline of Main Street; thence North on the Centerline of Main Street to the Centerline of Washington Street; thence West on the Centerline of Washington Street to the Centerline of Lafayette Boulevard; thence North on the Centerline of Lafayette Boulevard to the Centerline of Colfax Avenue; thence West on the Centerline of Colfax Avenue to a point of intersection with the Centerline of the first North-South Alley West of Lafayette Boulevard projected South; thence North along said centerline, in certain places being sometimes known as St. James Court, to the North right-of-way line of La Salle Avenue; thence East along said North right-of-way line to the West right-of-way line of Lafayette Boulevard; thence North along the said West right-of-way line to the Centerline of Navarre Street; thence East along the Centerline of Navarre Street to a point of intersection with the East right-of-way line of St. Joseph Street projected North; thence South along said projection and the East right- of-way line of said St. Joseph Street to the North right-of-way line of Marion Street; thence East along said North right-of-way and its projection to the East to the Centerline of the St. Joseph River; thence Northeasterly along the Centerline of the St. Joseph River to a point of intersection with the Centerline of Corby Boulevard projected West; thence East along said projected Centerline and the Centerline of Corby Boulevard to the Point of Beginning. Containing 465.69 acres more or less. Filed in g MAY �1 '3 zo lz Cit-ir of South Bend PBACE Common Council R � x 1865 441 County-City Building . 227•W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendin.gov Presiders t May 23, 2012 Oliver J. Davis Vice-President Derek Dieter, President South Bend Common Council Karen L. White 435 County-City Building Chairperson, Committee of the Whole South Bend Indiana 46601 Tim Scott RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH First District BEND, INDIANA,AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A DOWNTOWN MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT Henry Davis, Jr. Second District PURSUANT TO INDIANA CODE 7.I-3-20-I6 Valerie Schey Dear President Dieter: Third District Attached for filing please find the above-referenced Ordinance to be considered by the Fred Ferlic Common Council at its May 29, 2012 meeting. The intent of this Ordinance is to kick- Fourth Distract start further economic development in the downtown by providing a recruitment tool to encourage quality eating establishments, entertainment, and cultural venues to locate David Varner within 1,500 feet of the river by making available lower cost non-transferable 3-way Fifth District licenses that are not subject to the quota. State Code 7.1-3-20-16 allows for the creation of Oliver J. Davis a Municipal Riverfront development area to be declared in blighted locations within 1,500 Sixth District feet from a river's edge. The Ordinance is in line with our city's repeated desire to cultivate our river as an asset. Derek D. Dieter At Large Through its Resolution No. 4163-12, adopted on March 26, 2012, the South Bend Common Council expressed its interest in.establishing a Municipal Riverfront Project. The Gavin Ferlic proposed Ordinance would be the realization of this Resolution. By the adoption of this At Large Ordinance, South Bend would join 22 Indiana cities and towns who have already designated a municipal riverfront project, which has resulted in the issuance of 130 Karen L. White fr riveront licenses ATC designated At Large ( License No. 221-3) which have fostered economic development in these cities. Councilman Dr. Fred Ferlic (District 4) is co-sponsoring this Ordinance along with myself. Your favorable consideration is requested. Please do not hesitate to contact me if you need additional information, Sincerely, �_u...M..-._.• _ ..••. .� •.. Gavin Ferlic 3 �' f , Common Council Member, At-Large v.. _. ONE s South Bend Common Council U& 227 West Jefferson Blvd Suite 400 S South Bend, Indiana 46601 May 23, 2012 Committed Members of the South Bend Common Council, It is with great enthusiasm that I write to support the creation of the Downtown South Bend Municipal Riverfront Development District. The creation of this district is the first step in being able to offer a valuable recruitment tool for new dining, cultural and entertainment venues along or near the Saint Joseph River in downtown. The information you have received pursuant to this topic is the culmination of several months of work which represents input and collaboration from your fellow council members, downtown businesses and stakeholders, the City of South Bend's Mayor's Office, Attorney's Office, and Community& Economic Development, Indiana Alcohol &Tobacco Commission, and other municipalities across the State of Indiana. I believe that you will find the maps, processes, and FAQs to be well researched, clear, and in the best interest of our community. To be clear, the first step in being able to offer Municipal Riverfront Development District liquor license is the definition and creation of the district itself. The ordinance upon which you will vote simply does that— defines and creates the district. From there, we seek to work with the Redevelopment Commission to approve and establish the process by which these licenses will be granted. As you will note, the Common Council is indeed included in this approval process. Thank you for your consideration and your service to our community. I look forward to working with you on this and other topics as we continue to advance the great City of South Bend. Respectfully, Pb li Aaron J. Perri � �,.,.. Executive Director, i MAY 23 Q Downtown South Bend, Inc. L_,,,— ; dr,N.. Y: Downtown South Bend,Inc. 217 South Michigan Street South Bend,Indiana 46604 Phone:(574)282-1110 Fax: (574)233-7382 www.downtownsouthbend.com t 1 i t JOHN W. BYORNI EXECUTIVE[DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W-JEFFERSON BLVD_ KOOM l 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571 May 16, 2012 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Eugene Phillips to zone from SF2 Single Family&Two Family District to CB Community Business District, property located at 501 South Parry Street, City of South Bend-APC# 2632-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Eugene Phillips was legally advertised on Thursday, May 3, 2012 and that the Area Plan Commission at its public hearing on Tuesday, May 15, 2012 took the following action: Upon a motion by Karl King, being seconded by Gary Gilot and unanimously carried, the proposed ordinance of Eugene Phillips to zone from SF2 Single Family& Two Family District to CB Community Business District,property located at 501 South Parry Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. Parry Street is an area that has several development options, depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases, potentially malting the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition,the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. 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, �r n W. By 'M JWB Jsc Attachment Cc: Eugene Phillips SERVING:ST JOSEPH COUNTY.SOUTH REND,LAKEVILLE,NEW CARLISLE.NORTH LIBERTY.OSCEOLA$ ROSELAND www.stjosephcountyl n dla na.com/Ar,eaplan Staff Report APC# 2632-12 Owner: Eugene Phillips Location: 501 South Parry Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family e&Two Family District to CB Community Business District to allow two stall garage(Auto Repair-major). Land Ekes and Zoning: On site: On site is a one stall residential garage, on a separate lot from the primary residence. North: To the north are three single family homes zoned SF2 Single Family and Two Family District, and beyond them, a storage lot for the Robert Henry Corporation zoned LI Light Industrial District. East: To the east, across Parry Street, is Information Records Associates, a dance school and a car repair business zoned MU Mixed Use District. South: To the south are five single family homes, and, beyond them, the Marine Corps League zoned SF2 Single Family and Two Family District. West: To the west is a single family home zoned SF2 Single Family and Two Family District. To the northwest is the Robert Henry Corporation zoned LI Light Industrial. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is 7,590 square feet. The proposed two stall garage is 1,360 square feet or 18% of the lot. The seven parking spaces and drive aisle cover 2,5$0 square feet or 34%. Residential bufferyard landscaping is shown on three sides behind the building, and foundation landscaping is shown in front of the buildings. Landscaping covers 1,150 square feet or 2%. The use of the remaining 2,500 square feet is unknown at this time. Based on the site plan provided, the following variances will need to be obtained from the Area Board of Zoning Appeals: 1. Side Residential Bufferyard from 20'to 0'for parking; 2. Front Setback from 15'to 0'for parking; 3. Aisle width from 24'to 20; 4. Parking screening landscaping from what is required by ordinance,to none. Zoning and land use history&trends: This property was zoned B Residential (Multifamily)under the prior zoning ordinance. When the zoning ordinance was revised in 2004,the zoning changed to SF2 Single Family and Two Family District. Traffic and transportation considerations: Parry Street is a two lane street that runs from a former railroad right=of--way on the north to the Cooper Bridge ramps on the south. The alleys adjacent to this site are not paved. Eugene Phillips #2632-12 Page 1 of 3 Utilities: City of South Bend utilities(water and sewer)are available in Parry Street. Additional information: (Agency comments) The City Engineer states the alley will have to be paved if it will be used for access. The Department of Community and Economic Development refers to the Howard Park Neighborhood Master Plan. The proposed rezoning of 501 S. Parry St. from SF2 to CB Community Business District may not be considered compatible with the vision of the Master Plan. Staff Comments: If Henry Street, as proposed by the Howard Park Neighborhood Master Plan becomes a reality, then the public purchase of this site is probable. Parry Street is a residential street,and should not be used as direct access for business uses. If the rezoning is approved,several variances from the development standards will be required. Commitments: None proposed. 5 Criteria (per IC 36-7-4-603): B. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive PIan(November 2006) Objective LU 2.3 Ensure coordination of land uses among adjacent area-specific plans. Objective LU 2.4 Provide buffer spaces between non-compatible land uses. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation/Other Plans: The East Bank Plan Phase 2 (commonly known as the Howard Park Neighborhood Master Plan) dated February 24, 2009 identifies the area on either side of Parry Street between the old railroad right-of-way and the Cooper Bridge ramp as a Future Development Opportunity. The vision of the plan is to support residential development on and around the former TRANSPO site. This plan has not been adopted by the Area Plan Commission or Common Council but it was approved by the neighborhood. 2. Current conditions and character: The properties along Eddy are either vacant parcels or business uses with ample parking. Along Parry and Frances Streets are single family homes, with the exception of the Robert Henry Corporation, a special exception. More to the west of Frances Street,the former TRANSPO site has been demolished for future residential development per the Howard Park Neighborhood Plan. 3. Most desirable use: The most desirable use is a use compatible with the Howard Park Neighborhood Plan. Eugene Phillips #2632-12 Page 2 of 3 3�ln JJJ Jill AANt- IL o � r s � 4 t i MAY 0 9 2012 AREA PLAN COMMISSION pE1Vv D o �s�� L'AREMA-P�N_- 33� �iit ,�j�c�,�c��✓,nr�rJ ,Q %tee �j �I� /flu lei ..... ....... �, Bps ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 2001 Lot 14 was located in a Business District. It was then zoned Commercial. The lot still lays in a Business District that was changed to Residential in 2002. There are Office Buildings on all sides of Lot 14 2nd Add. There is a lawn yard cutting garage across the street. The back of it lies against the Rug Company Building. There is an empty dance Studio in front of the Lot that I want to zone commercial. There is a service Station next to the Dance Studio with an empty electrical building beside the Service Garage. Our community has been around business all our lives. We were told the City was going to buy the house in our community for a development. Now the Lot has an old one stall garage on it that looks too small for the lot. I would like to rezone it commercial, build a beautiful two stall garage on Lot 14, 2nd addition. The garage would fill in the space the one stall garage does not fill in. My son can use the garage to start up a business when he graduates for Ivy Tech State College. If it doesn't work out for him and he decides to expand his business into a large garage on a larger business district, I will use the garage to make L shaped aquariums to sell on the internet. The garage will take the place of the old garage and help improve the neighborhood that I live in and help make a better looking community. 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 14 Parry's 2"d Addition be and the same is hereby established as CB Community Business District. SECTION I1. 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. 2f�,5'� ��!r 5 c�� •�,i�'J.�'S N.s'�f''�1��' SS•d�l � �� <J x - p R � �� vv jl� 14�tA