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08-13-12 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, AUGUST 13, 2012 7 : 00 P.M. 1 . INVOCATION - REV. SYLVESTER WILLIAMS 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 22-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 29-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT OF WAY 36-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 1, SECTION 6-4 . 1 (4) OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FIRE DEPARTMENT COMMERCIAL PLAN REVIEW FEES 26-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-11 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS 8 . BILLS, THIRD READING TIME: BILL NO. 22-12 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 29-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT OF WAY 36-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 1, SECTION 6-4 . 1 (4) OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FIRE DEPARTMENT COMMERCIAL PLAN REVIEW FEES 26-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-11 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS 9 . RESOLUTIONS BILL NO. 12-63 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7101 VORDEN PARKWAY AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR REAL PROPERTY 'TAX ABATEMENT FOR THE TIRE RACK, INC. 12-62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, L. P. 10 . BILLS, FIRST READING BILL NO. 37-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 621 LINCOLNWAY EAST, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 38-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 39-12 FIRST READING ON A BILL OF THE COMMON COUNCIL, OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO. 10165-12 11 . UNFINISHED BUSINESS A. BILL NO. 12-65 - SPECIAL EXCEPTION-- 1124 -1130 NAPIER 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. JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLJOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD, ROOM 1 140 COUNTY-CfTY BLDG, SOUTH BEND,INDIANA 46641 (574) 235-9571 July 18, 2012 The Honorable Council of the City of ° South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Northeast Neighborhood Revitalization Organization to zone from MF1 Urban Corridor Multifamily District to SF2 Single Family&Two Family District, property located at 505 Kalorama and 801 Hill Street, City of South Bend -APC#2637-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Northeast Neighborhood Revitalization Organization was legally advertised on Thursday,July 5, 2012 and that the Area Plan Commission at its public hearing on Tuesday, July 17,2012 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Northeast Neighborhood Revitalization Organization to zone from MF 1 Urban Corridor Multifamily District to SF2 Single Family& Two Family District, property located at 505 Kalorama and 801 Hill Street, City of South Bend is sent to the Common Council with a favorable recommendation. Returning this site to single family is in keeping with the Northeast Neighborhood Development Plan, and will help strengthen Hill Street as a single- family area. 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, ohn W. Byo ' JWB jsp Attachment CC: Northeast Neighborhood Revitalization Organization SERVING:ST.JOSEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA& ROSELAND vvwwstj osephcountyind iana.com/Areaplan Staff Reuort APC# 2637-12 Owner: Northeast Neighborhood Revitalization Organization Location: 505 Kalorama and 801 Hill Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MF l Urban Corridor Multifamily District to SF2 Single Family&Two Family District to allow single family homes. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north are several vacant lots, and two houses zoned SF2 Single Family and Two Family District. East: To the east, across Hill Street, are a several vacant lots and a number houses zoned SF2 Single Family and Two Family District. South: To the south are several vacant lots, and three houses zoned SF2 Single Family and Two Family District. West: To the west is the Residence inn and part of the former Madison Center campus zoned MU Mixed Use. District yeses and development standards: The "SF2" Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. Site plan description: No site plan is required when rezoning to a residential district. Zoning and land use history& trends: This property was previously zoned B Multi-family before the city-wide reap change in 2004. The hotel was rezoned in 1987. This portion of Hill Street has been predominately single-family. Traffic and transportation considerations: Hill Street and Kalrorama Street are two lane streets. Kalorama Street, west of Hill Street, was vacated at the June 25,2012 Common Council meeting. Utilities: South Bend public utilities are available to the site. Additional information: (Agency comments) The Department of Community and Economic Development offers a favorable recommendation. A change in zoning to SF2 is in keeping with the neighborhood plan and the desire by neighborhood residents to see more single family residential development in the area. Staff Comments: This property is in the NNRO Overlay District. Commitments: No commitments are proposed. Northeast Neighborhood Revitalization Organization #2637-12 Page 1 of 2 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan.November 2006 Objective H 4: Ensure well-designed, infll housing on vacant land in the city's neighborhoods. Land Use Plan: The future land use maps identifies this property as high density residential,with the rest of the lots on Hill Street as medium density residential. Plan Implementation/Other Plans: Northeast Neighborhood Development Area Plan The projected land use plan identifies this immediate area as Single Family Home Ownership Preservation. 2. Current conditions and character: The area between Corby and Crescent is mixed with single family homes and vacant lots. The institutional uses to the west front on Niles. 3. Most desirable use: The most desirable use is single family residential to match the rest of the block. 4. Conservation of property values: Since the majority of surrounding property is also zoned SF2 Single Family and Two Family District,this rezoning should not affect property values. 5. Responsible development and growth: It is responsible development and growth to continue the single family zoning along Hill Street. Recommendation: Based on information available prior to the public hearing the staff recommends that the petition be sent to Common Council with a favorable recommendation. Analysis: Returning this site to single family is in keeping with the Northeast Neighborhood Development Plan,and will help strengthen Hill Street as a single-family area. Northeast Neighborhood Revitalization Organization #2637-12 Page 2of2 sF SF2 SF2 SF2 2 sF2 SF '? I MU lil1�01'aM �V SF2 S.F2 SF2 S SF2 SF2 Rezoning from: "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT IN Zoning Classification SOUTH BEND "S 2"SINGLE FAMILYAND TWO FAMILYDISTRiCT S SOUTH BEND "MFI"URBAN CORRIDOR MULTIFAMILY DISTRICT 1 inch = 100 feet SOUTH BEND "MU"MIXED USE DISTRICT AP 2637-1 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Northeast Neighborhood Redevelopment organization (NNRO) is redeveloping the Hill Street Neighborhood. The two lots we wish to rezone are currently vacant and are unique in that they are zoned multi-family in an area otherwise zoned exclusively single-family. It is our intent to rezone said lots to single-family use (SF2) so single family homes can be built on them. This rezoning will allow us to proceed with our redevelopment plan in general and in a manner that preserves the character of the neighborhood. 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: 801 Hill: Lot 6 Ex 45' W End & N %Vac Kalorama St. S. &Adj. Cedar heights Add Sec 1-37-2E 505 Kalorama: 45' W End Lot 6 & N f Vac Kalorama St. S & Adj Cedar heights Add Sec 1-372E be and the same is hereby established as SF2 Single-Family and Two-Family District. SECTION ll. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council PETITION TO REZONE City QLSouth_Bend Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: a. 505 Kalorama b. 801 Hill Street 2.) The property Tax Key Number(s)is/are: a-018-5038-1361 b. 018-5038-1362 3.) Name and Address of property owner(s)of the petition site. Northeast Neighborhood Revitalization Organization(NNRO) 803 Lincoln Way West South Bend,IN 46616 (574)289-1066 4.) Name and Address of contingent purchaser(s)if applicable: Not Applicable 5.) It is desired and requested that this property be rezoned: From: W l District To: SF2 District 6.) This rezoning is requested to allow the following uisc(s): Construction of single-family homes. 7.) Attached,and made a part of this PETITION,is: a. A copy of a legal description of the property, b. A list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; c. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETiTI<ON PREPARED BY: Signature of Alt Property owners Northeast Neighborhood Redevelopent Org. 803 Lincoln Way West South Bend,IN 46616 (574)289-1066 Tim Sexton,Pre dent Northeast Neighborhood Redevelopment org. CONTACT PERSON(S) Phil 133 NNROManager 803 Lincoln Way West a South Bend,IN 46616 (574}289-1066 'UN .I Dill Street/Kalorama Street Rezoning: legal Description The Northeast Neighborhood Redevelopment Organization(NNRO)is redeveloping the Hill Street Neighborhood. The two lots we wish to.rezone are currently vacant and are unique in that they are zoned multi-family in an area otherwise zoned exclusively single-A ily. It is our intent to rezone said lots to single-family use(SF2) so single family homes can be built on them. This rezoning will allow us to proceed with our redevelopment plan in general and in a manner that preserves the character of the neighborhood. The two lots are legally described as follows: 801 Hill: Lot 6 Ex 45'W End&N 1/2 Vac Kalorama St S&Adj Cedar Heights Add Sec 1-37-2E 11/12 Vac Ord 9494 10 dtd 4-15-10 505 Kalorama: 45'W End Lot 6&N 1/2 Vac Kalorama St S&Adj Cedar Heights Add Sec 1-372 E 11/12 Vac Ord 9994-10 dtd 4-15-10 IC- in ( ;' S LkUIUN --U �U'I� ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A part of the first East/West alley North of Madison Street beginning 6 feet West of the first North-South alley West of Michigan Street to the West Michigan Street right of way. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is a part of the first East/West alley North of Madison Street beginning 5 feet West of the first North-South alley West of Michigan Street at a point on the East line said East/West alley that was vacated under Ordinance#7102-82; thence East from that point to the West Michigan Street right of way for a distance of 185 feet and a width of 14 feet. The alley is a part of the Original Town, now City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION Il. 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 III. The following property may be injuriously or beneficially affected by such vacating: Lots 159, 160, 165 and 166 of the Original Town,now City of South Bend. Section IV. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. SECTION V. This ordinance shall be in fall force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Cou cil Attest: � " aid ,'• S} C V M'��1�nY3Y kRU�Ltn WV tt I:C L °�1T- .0 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock nn. City Clerk Approved and signed by me on the day of ,2 , at o'clock m. Mayor, City of South Bend, Indiana Filed in ChPrk',�Z!�� Officco AUG "11 F rd READING JOH6h'YA`�5.4'.6�"+irnl f�,x NOT APPROVED CITY C Kr S �E 6 REFERRED PASSED MARION ST.REE"T 0 I 18-1004-0143 H 18 1003-0095 185' 14' f 4` 1$-1004-0144,01 6' 14' 165` ft15D,0' 181003-0094 H 18-1003-0093 18-t.00 s _ r� 18-1003-0092 18-1004-0148 MADISON STREET 4 O 18-fOp3-oloa o 18-1003-0112 a i to 18-1003�p102 LEGAL DESCRIPTION: The alley to be vacated is the first Eost/West alley North of Madison Street beginning 6 feet West of the first North-South alley West of Michigon Street at o point on the East line sold Eost%West alley that was vacated under Ordinance, #7102--82; thence East from that point to the West Michigon Street right of way for a distance of 185 feet and a width of 14 feet. The alley is a part of the 06ginol Town, nova City of South Bod, Portage Township, St. Joseph County, Mdia.na. " .f Elldiart Genera l Hospital h", HEALTH S m Memorial Hospital of South BeDd July 3 0, 2012 Mr. John Voorde, City Clerk City of South Bend County-City Building/Room 455 227 W. Jefferson Blvd, South Bend,IN 46601 Re: Alley Vacation—Petitioner: Beacon Health Systems City of South Bend, Indiana Dear Mr. Voorde: As a representative of the Beacon Health System, 1 am requesting Bill No. 29-12 be modified to eliminate the vacation oil any part of the north-south alley requested originally in said bill due to concerns of an adjacent property owner. The pant of the east-west alley to be vacated is unchanged. A Proposed Substitute Bill No. 29-12 and a proposed ordinance are attached. I hope that you will grant my request. Thank you for your consideration, and if you have any questions please feel free to give me a call. Very truly yours, ��4 //7 6�o� Jeffrey P. Costello Chief Financial officer Beacom Health System ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CI'T'Y OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6,ARTICLE 1, SECTION 6-4.1(4) OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FIRE DEPARTMENT COMMERCIAL PLAN REVIEW FEES STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code at Chapter 6, Article 1, Section 6-4.1(4) presently requires a flat fee of$253.00 for the Fire Department Commercial Plan Review of any addition remodeling project. In the course of charging this fee, it has become apparent that a sliding scale fee based on the cost of a remodeling construction project under $58,001.00 is fairer and more equitable to property owners. Accordingly, the South Bend Municipal Code amendment contained in this Ordinance results in a substantial fee reduction, and is in the best interest of the citizens of South Bend. NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L Chapter 6,Article 1, Section 6-4.1 (4) of the South Bend Municipal Code be and hereby is amended to read as follows: 4) Fire Department Commercial Plan Review Fees: a. Sprinklered Building $348.00 b. Non-sprinklered Building $205.00 e. Addi&n4emedel $253.00 c. Addition $253.00 d Remodel—under$58,001 as follows: $1.00 to 1,000.00. .$ 45.00 1,001.00 to 2,000.00. 50.00 2,001.00 to 3,000.00. . . . 3,001.00 to 4,000.00....... ............... 4,001.00 to 5,000.00. „ ...W 65.00 5,001.00 to 6,000.00. ._ _.......... 70.00 6.001.00 to 7,000.00. 75.00 7,001.00 to 8,000.00. ..... 80.,00 8,001.00 to 9,000.00. ., 85.00 9,001.00 to 10,000.00. .,.._.._ 90.00 10,00 1.00 to 11,000.00. 95,00 1 1,001.00 to 121000.00. „ .. 100.00 12,001.00 to 13,000.00. 105.00 13,00 1.00 to 14 000.00. 110.00 14 001.00 to 15,000-00. 115.00 15 001.00 to 16,000-00. 120.00 16,00 1.00 to 17,000-00. . 125.00 17,001.00 to 18,000.00. - 130.00 18 001.00 to 19.,000.00. 133.00 19 001.00 to 20,000.00. 136.00 20 001.40 to 21,000.00. 139.00 21,00 1 00 to 22,000.00. 142.00 22,001.00 to 23,000.00. 145.00 23 001 00 to 24,000.00. 148.00 24,001.00 to 25,000.00. 151.00 25,001.00 to 26,000.00. 154.00 26,001 00 to 27,000,00. 157.00 27,001.00 to 28,000-00. 160.00 28,001.00 to 29,000-00. 163.00 29,001.00,to 30.000.00. 166.00 30,001.00 to 31,000.00. 169.00 31 001.00 to 32,000.00. 172.00 32,001.00 to 33,000-00. 175.00 33 001.00 to 34,000.00. 178.00 34 001.00 to 35,000.00. 181.00 35 001.00 to 36,000.00. 184.00 36,00 1 00 to 37,000.00. 187.00 37 001.00 to 38,000.00. 190.00 38,001.00 to 39,000-00-1 193.00 39 001.00 to 40,000-00. 196.00 ........... 40 001.00 to 41 000.00............................................................................................ 199.00 41 001.00 to 42,000.00. 202.00 42,00 1.00 to 43,000.00............................................................................................ 205.00 43,001.00 to 44 000.00. 208.00 44 001.00 to 45 000.00............................................................................................ 211.00 45 001.00 to 46 000.00. 214.00 46 001.00 to 47 000.00............................................................................................ 217.00 47 001.00 to 48,000.00 220.00 48,001.00 to 49,000.00. 223.00 49,001.00 to 50,000.00. 226.00 50,00 1.00 to 51 000.00. 229.00 51,001 00 to 52,000-00. 232.00 52 001.00 to 53,000.00 235.00 53,001.00 to 54,000.00. 238.00 54 001.00 to 55A0.00. 241.00 55,001.00 to 56,000.00. 244.00 56 001.00 to 57 000.00. 247.00 57,001.00 to 58,000-00----- 250.00 e. Remodeling over $58,000 $253.00 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. V)- Q.. Attest: Member of the Common Council and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock City Clerk Approved and signed by me on the day of , 2012, at o'clock . m. Mayor, City of South Bend, Indiana Filed � 3 .� 1s3 PEADINIG - JUL € 7 20)Z PUBLIC HEAMNG I NOT APPROVED CITY CLERK,S6-'01 H T;EFERREI3 PASSED ()U T $ 127.2 S.MICHIGAN STREET PION€574 z 3 5-92,5 5 SouTx BEND,INDIANA 66oI-282I � �� PEncR � 4 �,P\ ./ FAX 574/735-9305 x x ISb5 CI'T'Y or SouTi4 BEND PETF-BuTTIGIF,G,MAYOR SOUTH BEND FIRE DEPARTMENT STEPHEN F. Cox FARE CHIEF President Derek Dieter South Bend Common Council County-City Building South Bend, IN 46601 President Dieter: The South Bend Municipal Code at Chapter 6, Article 1, Section 6-4.1(4)presently requires a flat fee of$253.00 for the Fire Department Commercial Plan Review of any addition remodeling project. In the course of charging this fee, it has become apparent that a sliding scale fee based on the cost of a remodeling construction project less than $58,001.00 is fairer and more equitable to property owners. Accordingly, the South Bend Municipal Code amendment contained in this Ordinance results in a substantial fee reduction, and is in the best interest of the citizens of South Bend. I will be available to attend the Committee and Common Council meeting to present this and answer any questions that may arise. Best regards, h F. Cox Fire Chief CfTy s BEND,m k JAMES LOPFZ ToDD L_SrwARCAN ANDREW J.MYER FEDERICo RoDRIGUEZ,JR ASST. CHIFF OPFRATIom ASsiST. CHIEF SERvim AsST.CHIEF EMS FIRE MARSHAL E� v ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-I1 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS STATEMENT OF PURPOSE AND INTENT On September 27, 2011 this Council adopted Ordinance No. 10119-11 which set out the salaries and wages of appointed officers and non-bargaining employees'of the City of South Bend for calendar year 2012 (the "2012 Salary Ordinance"). One of the managerial level employees included in Ordinance No. 10119-11 is the "Center Supervisor" of the Martin Luther King, Jr. Center (MLK Center), the salary for which position in Ordinance No. 10119-11 is $40,352.00 annually. The education, guidance, and development of South Bend's youth is a high priority of this City, and the Supervisor of the MLK Center is uniquely positioned to know about all youth programs in the community, to interact with other community leaders serving the City's youth, and to expand the programs and activities of the MLK Center, especially for those youth with fewer family resources who may be at risk of violence, school drop-out, and Other adverse • conditions affecting young persons. As part of the city's overall goal of eradicating youth violence, and assuring that South Bend's youth are prepared for their future as responsible citizens, it is in the best interest of South Bend to restructure the "Center Supervisor" position of the MLK Center and create a new position and title with additional duties and responsibilities. The new position will be titled "Director of Youth Engagement— Center Supervisor," the single position of"Center Supervisor" for the MLK Center will be eliminated and the compensation of the Director of Youth Engagement — Center Supervisor will have annual compensation of$50,250.00 (which exceeds the Center Supervisor salary by $9,898.00 annually). This Ordinance, which is in the best interest of South Bend, amends Ordinance No. 10119-11 to make these changes. Monies in General Fund (#10 1) from Parks Dept Zoo Division Account will be transferred to the Parks & Recreation Division Account to cover the cost of the salary increase in 2012. The overall appointed officers and non-bargaining employee salary appropriation is unaffected. NOW, THEREFORE BE I'T' ORDAINED BY' THE COMMON COUNCIL. OF T11E CITY OF SOU 14 BEND, INDIANA as follows: SECTION I. Ordinance No. 10119-11 is amended to delete one position of "Center Supervisor" with its approved salary, and to replace it with the positions of "Director of Youth Engagement—Center Supervisor" at an annual salary of S 50,250.00 SECTION 11, To effectuate the amendment set forth in Section I for the remainder of calendar year 2012, the following account shall be adjusted by increase or reduction in the designated sure: General Fund No. 101 $4,949.00 Zoo Division Accnt 201-1104 $44,949, Parks & Recreation Division 201-1103 $4,949.00 SECTION III. All other terms and conditions of Ordinance No. 10I19-11 shall be unaffected and remain in full force and effect. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Auncil an Attest: ; . City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock, m. Mayor, City of South Bend, Indiana ed I s" READING TIUDMC HEARNc (J if READ G ,,r APPROVED UZPEQ CFTY OU TIC W ��©r�AeF�i x + 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OPPICE OF THE MAYOR June 20, 2012 President Derek Dieter South Bend Common Council 0'Floor County-City Building South Bend, IN 46601 Dear President Dieter, The City of South Bend has seen a number of violent incidents involving youth this year. These incidents have resulted in town forums, heightened news coverage, and heartbreak for victims and their families. The education, guidance, and development of South Bend's youth is a high priority of this City, and the administration is seeking an amendment to the 2012 Salary Ordinance to create the position of"Director of Youth Engagement—Center Supervisor." On September 27, 2011 this Council adopted Ordinance No. 14119-11 which set out the salaries and wages of appointed officers and non-bargaining employees of the City of South Bend for calendar year 2012 (the "2012 Salary Ordinance"). One of the managerial Ievel employees included in Ordinance No. 10119-11 is the "Center Supervisor" of the Martin Luther King, Jr. Center (MLK Center), the salary for which position in Ordinance No. 10119-11 is $40,352.00 annually. The administration believes that the supervisor of the MLK Center is uniquely positioned to know about all youth programs in the community, to interact with other community leaders serving the City's youth, and to design communitywide opportunities for children and young adults, especially for those youth with fewer family resources who may be at risk of violence, school drop-out, and other adverse conditions affecting young persons. As part of the city's overall goal of eradicating youth violence, and assuring that South Bend's youth are prepared for their future as responsible citizens, it is in the best interest of South Bend to restructure the "Center Supervisor" position and create a new position and title with additional duties and responsibilities. The new position will be titled 1400 COUNTY-CFTY BUTF.DTNG•227 W.JEFFERSON Boui,F"VARD• SourH BF+ND, INDIANA 46601 PHoNF 5741235-9261• FAx 574/235-9892 . "Director of Youth Engagement — Center Supervisor," the position of "Center Supervisor" for the MLK Center will be eliminated and the compensation of the Director of Youth Engagement— Center Supervisor will have annual compensation of$50,250.00 (which exceeds the Center Supervisor salary by $9,898.00 annually). This Ordinance, which is in the best interest of South Bend, amends Ordinance No. 10119-11 to make these changes. Monies in General Fund (#10 1) from Parks Dept Zoo Division Account will be transferred to the Parks & Recreation Division Account to cover the cost of the salary increase in 2012. The overall appointed officers and non- bargaining employee salary appropriation is unaffected. T hope that the Common Council will review this amendment to the salary ordinance favorably. 1 look forward to presenting the ordinance and proposal to the appropriate committee and the full Council in the coming weeks. Sincerely, Pete Buttigieg, ayor City of South Bend CC: South Bend Common Council Filed in.. `3 ._n,.. . ..,.n................. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7101 Vorden Parkway AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR THE TIRE RACK, 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 7101 Vorden Parkway, South Bend, Indiana, and which is more particularly described as follows: Lot 1 B W Business Park Major Sub 02-03 New Replat 4013-16-01 and which has Key Number 025-1011-018604, 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 II. The Common Council hereby determines that the property owner is qualified for and is granted Real 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_se SECTION 111. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. f Member of the Common Counei`- yp�y �qy q - 4 ail n. �kVw9 §s $ council W 1k;t"•sues ..,5 [F! X. office ��. acs[tl!crssR'ti'Y Y.p.'eepxMa� ++wnir�8 TAX ARATEIVIENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: THE TIRE RACK, INC. DATE: July 9, 2012 On April 4, 2012, a petition for real property tax abatement consideration for property located at 7101 Vorden Parkway was filed with the City Clerk by The Tire Rack, Inc. The Tire Rack, Inc. is a mail order and e-commerce firm engaged in the business of selling performance tires,wheels,and accessories for passenger automobiles and Iight duty trucks.The petitioner would like to construct a 36,000 square foot building which will enable the expansion of Technological Resources and assets to further the growth and development of their e-commerce Product Distribution business. The estimated dollar value of the project, excluding land, is $6,500,000. Please note that the contractor information was largely unknown at the time the designating resolution was approved.The information on the contractors is now available and based on the information attached they qualify for a five year real property tax abatement. Based on a project cost of$6.5 million with a five year term, the taxes abated would be$496,345 based on the approved term. The taxes paid will be $471,939. 24. In the following chart please indicate companies that will be used for purchasing materials to be used in the construction or rehabilitation associated with the project. Include the location of the company, description of the materials, and cost of materials. Local companies include those in St. Joseph County. Additional information may be requested for verification of this information. Name and Address Description of Materials Cost of Materials % of Grand of Company Total Local Companies: 1, CMA Supply— South Bend, IN Concrete Accessories $ 13,903.00 27% 2, Builders Iron Works—Mishawaka, IN Structural Steel $416,444.00 80.7% 3. Home Acre Supply—South Bend, IN Metal Studs/Sheetrock $ 66,211.00 12.8% 4. Big C Lumber— Granger, IN Lumber $ 2,679.00 0.5% 5. Moss Building Products—Mishawaka, IN Toilet Partitions $1.6,530.00 3.3% Fire Extinguishers Total Local $515,767.00 100% Non-Local Companies: 1. Consumers Concrete— Niles, MI Concrete $83,438.00 51.7% 2. Specialized Wood Products—Elkhart, IN Millwork $ 4,546.00 2.8% 3. Central Indiana Hardware—Fort Wayne, IN Doors and Hardware $38,724.00 24% 4. William Baker-- Indianapolis, IN Louvers $28,564.00 17.7% 5. Central Indiana Hardware—Fort Wayne, IN Toilet Accessories $6,060.00 3.8% Total Non-Local $161,332.00 100% Grand Total $677,099.00 100% 25. In the following chart please list the companies that will be used for the construction or rehabilitation associated with the project. Indicate the name and address of each company; list the dollar value of the work provided by each company; indicate whether or not 100% of the workers are employees of that company and not independent contractors; indicate whether or not the company pays workers' wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of labor; indicate whether or not the company contributes to a health plan for its employees; indicate whether or not the company contributes to a pension plan for its employees; and indicate whether the company maintains an affirmative action plan or similar plan to achieve racial diversity. Local companies include those in St. Joseph County. Additional information may be requested for verification of this information. Name Contract 100% Workers Pay US Dept. Contribute Contribute Maintain Address of Amount are Employees Labor Wage to Health to Pension Affirmative Company_ Rate Plan Plan Action Plan Local Companies: 1. Schuell Fence- South Bend, IN $3,680.00 YES NO YES YES YES 2. Majority Builders —South Bend, IN (Excavation/Concrete/Carpentry/Electrical) $1,607,484.00 YES NO YES YES YES 3. Crane Industrial Service—Granger, IN $111,500.00 YES YES YES YES YES 4. Michiana Insulation—South Bend, IN $7,540.00 YES NO YES YES YES 5. Barany Sheet Metal_.South Bend, IN $396,615.00 YES NO NO NO YES 6. Midland Engineering—South Bend, IN $92,750.00 YES YES YES YES YES 7. Midwest Tile—Mishawaka, IN $222,000.00 YES YES YES YES YES 8. Burkhart Advertising—South Bend, IN $1,172.00 YES NO YES YES YES 9. Ryan Fire Protections—South Bend, IN $59,665.00 YES YES YES YES YES 10. Dynamic Mechanical— Mishawka, IN $573,487.00 YES YES YES YES YES 11. Wissco Irrigation— South Bend, IN $19,500.00 YES NO YES YES YES 12. Foegley Landscaping—South Bend, IN $35,950.00 YES NO YES YES YES Total Local $3,131,343.00 Name Contract 100% Workers Pay US Dept. Contribute Contribute Maintain Address of Amount are Employees Labor Wage to Health to Pension Affirmative Company Rate Plan Plan Action Plan Non-Local Companies: 1. Benders Construction—Goshen, IN $20,175.00 YES NO NO NO YES 2. Lue Manufacturing—Wakarusa, IN $44,702.00 YES NO YES YES YES 3. Midwest Glass—Stevensville, MI $340,302.00 YES NO YES YES YES 4. Automatic Door Controls—Fort Wayne, IN $3,790.00 YES NO YES YES YES 5, Protape Drywall—Goshen, IN $43,445.00 YES NO NO NO YES 6. Bear Acoustics—Columbia City, IN $102,400.00 YES NO YES YES YES 7. Select Drywall and Painting— Elkhart, IN $41,190.00 YES NO NO NO YES 8. Schindler Elevator— Indianapolis, IN $54,000.00 YES YES YES YES YES 9. Fenner Plumbing— Berrien Springs, MI $122,690.00 YES NO YES YES YES 10. Niblock Excavating— Bristol, IN $108,408,00 YES NO YES YES YES Total Non-Local $881,102.00 Summary Total Local Material Suppliers $ 515,767.00 Total Non-Local Material Suppliers $ 1.61,332.00 Total Local Contractors $3,131,343.00 Total Non-Local Contractors $ 881,408.00 Total Construction Contract Amount $4,689,850.00 9-Jul-1 2 The Tire Rack, Inc. Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1, A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2. Super Size Projects(point values are cumulative): A. 100%to 199% N 0 25 B. 200%to 299% N 0 68 C. 300%to 399% N 0 65 D. 400%and Over N 0 52 Sub-total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contracts Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 119 141 4. Wage$Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Prov€de Employer Assisted Housing program N 0 9 Sub-total Wage&Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 118 152 6. Pay for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 26 C. Pay for 51-75%of Extension Cost N 0 39 D. Pay for 76-100%of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 369 1000 *Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. The Tire Rack, Inc. Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 361 Base Years of Abatement 3 Additional Years of Abatement: 2 Total Years of Abatement: 5 o � OadO o Nt` � QNn its V i9 h t` O O N poO �`! _C } t(] try tl co CO CEO ttoo N CEO tN d r r Lo r d o I P O So o N o ce) h ice+_d ° m °a o o co rn rn - co ti i co N } N Or N c4' eY SO r 00 r r Lr) N M A a co Co N x O r N L tl CD p tl O © tl LO N tl N In CO �-- (al r N Cl) M r to O O d C o to tl e- W Q. C`S CO 67 O >7?Lf) r t1 Kr GO r L- to N O_ N � co r co �Y O) d CO h Q LQ M c Lr) c� N O r c x h co co to r Lo o tlaOO '' ar � 00M tfid coN CO p tl0O M ticom Lo Cl) tl } N N o N d' v co Q W d' m ci7 N L r d cf) d r N Y.7 o r a 0 a o o tl o a O tl o Q�j tti f, 0 m m co L" lfl N lD to N co � c tl O p m a o r h Z -X4 c0 ao c0 c0 to N (DI co Lli d C) } N N N C.0 (O O tl 03 cm Q) tl r O wr N N O O o O O o M co [a O f~ a) aNj j t1� Q) O Q1 tl O LtJ lf) tl LO LO tl U') x cif <0 co N � P co in to (.4 ti 0 CO Z 6 co LD cD co cO o co N X U) L� a- 70 H c7 c*i M M co tp � Q7 e RS '"�" N N N c) VN. { to N � t7) o) 0) o) 0) co m AS I' 7 .0 if L N `r X Yf C CL h- N O 0 4 ui � c NO a o 000 000 Cl N 0000 o o �; U Ctl C (lS N h m x X C3 j d LU '� s Q m N C C (6 °u c o 76 @ O m r N c+7 7 lL) T v j ate) U III p A u} ,() O o 4 r N p y Z) Na O ° ad O N 0 z Q -p tl CO C1 h f >, N >1 M a m Y aCi cu ° m x U LU o m j E' a] 5 a c Jo 0 4- N m ul c :3 ° m CL E a) a) o , iri m CJ a) m m a) x X x `y CL la V Y O O al > cu U tY] a) 85 m to Y3 C to Y a) X o a) X m uJ ate) u°)i E ¢ °J c comma ` a L m ¢ ¢ m mz [i X m � z C) o (a L a u) in t •3 lit 117 V m 4) cn ID 4 TAX ARATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: THE TIRE RACK, INC. DATE: July 9, 2012 On April 4, 2012, a petition for real property tax abatement consideration for property located at 7101 Vorden Parkway was filed with the City Clerk by The Tire Rack, Inc. On July 13, 2012, 1 submitted a letter to the Common Council explaining that based on the point schedule the company qualifies for a five year abatement. Since then the company has been able to better estimate their construction costs and would like to submit a new estimate of those costs as follows: PREVIOUS INFORMATION NEW INFORMATION Square footage of building 36,000 34,000 Project Cost $6,500,000 $4,700,000 Taxes Abated $496,345 $208,066 Taxes Paid $471,939 $201,219 The tern of the abatement will still be five years. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR .A MERIPLEX SUPERIOR PARTNERS, L.P. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 5231 Dylan Drive which is more particularly described as follows: A part of the northwest quarter of section 17 and the northeast quarter of section 18, township 38 north, range 2 east, German Township, City of South Bend, St.Joseph County, Indiana, more particularly described as follows: Commencing at the northwest corner of the northwest quarter of section 17,said corner being marked by a harrison type monument;thence south 00 degrees 12 minutes 46 seconds east, a distance of 910.31 feet to the point of beginning; thence north 89 degrees 44 minutes 25 seconds east a distance of 385.46 feet to the west right-of-way line of Dylan Drive as recorded under instrument number 0647966 in the office of recorder of said county;thence south 00 degrees 15 minutes 35 seconds east along said west right-of-way line, a distance of 919.19 feet to the north line of Portage Prairie minor#2 as recorded under instrument number 0814357; thence south 89 degrees 44 minutes 25 seconds west along said north line, a distance of 386.22 feet to the east line of the northeast quarter of said section 18; thence continuing south 89 degrees 44 minutes 25 seconds west along said north line of Portage Prairie minor#2, a distance of 166.28 feet;thence north 00 degrees 15 minutes 35 seconds west and parallel to said west right-of-way line of Dylan Drive, a distance of 919.19 feet;thence north 89 degrees 44 minutes 25 seconds east, a distance of 167.04 feet to the point of beginning;said described parcel containing 11.659 acres, more or less. Subject to easements, right-of-way, covenants, and restrictions of record. And which has Key Numbers 025-1009-014605 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et sere ., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; and WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION 11. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. .Member of the Common bouncil pFi 4:S W;Tc i'C` C.;c iho f: ref and Council ackaon Vs fs ua, NOT APPROVED X013 TH g� 1200 COUN7Y-C€7'7''BUILDING PHONt;574./235-9371 227 W JEFEE.ESON BoUvAxn : FAx 5741235-9021 Scxai-I BENT),INDIANA 46601-1830 1865 CITY OF SouTFT BEND PFTE B[.TrT1c1EG, MAYOR COMMUNITY . c®NOMIC EVELOPMENT July 6, 2012 Council Member Henry Davis, Chairperson Community&Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: Ameriplex Superior Partners, L.P. Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition from the above-referenced Petitioner for property located at 5231 Dylan Drive. Also attached is a copy of the petition, Statement of Benefits form,and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Ameriplex Superior Partners,L.P. proposes to construct a 105,000 square foot addition for a tenant, Hubbell Electrical. A representative of the Petitioner will be available to meet with the Committee on Monday, July 23, 2012. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-927$. Sincerely, Me4x_V Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks CommuNCIY DE.VFLOrM>;¢NT EcoN Nos c DE.vE1.011MEN'T PAmEL.v C.mrnlP. 1-3QNfiLD F.j.Jk;s 5741235-9660 5741235-9371 F,-Y: 5741?35-9469 :�()VT11 � 1200 G-)UNry-C y Buis wr, 227W.JFFFFRSON BOUL .VARb \ �\ f r PHONE 574/235-9371 `pct� FAx 574/235-9021 SOUTF-I BEND,INDIANA 46601-18.30 ��� k865 C1'1"I OF SOUTH BEND PETE B=GIEG, MAYOR COMMUNITY ECONOMIC IDEVELOPMENT TAXABA TEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: AMERIPLEX SUPERIOR PARTNERS, L.P. DATE: July 6, 2012 On July 5, 2012, a petition for real property tax abatement consideration for property identified as 5231 Dylan Drive was filed with the City Clerk by Ameriplex Superior Partners, L.P. Pursuant to Chapter 2,Article 6, Section 2-82 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition,investigated the area, and makes the following report. PROJECT SUMMARY The petitioner,Ameriplex Superior Partners L.P. intends to construct a 105,000 square foot building on a vacant parcel at 5231 Dylan Drive. The building is being built for a tenant, Hubbell Electrical who is relocating here from Illinois. The building will be used for shipping and receiving electrical products. Some light repackaging will also take place. The estimated cost of the new building is $3,500,000. The Indiana facility will be more cost effective than the operations in Illinois. COMMUNITY DE.VELOPMFNT ECONomfc DpVn.OPME1r r PAV.EL. C.Mnu UONAE�T.Its#:ti 574035-9660 F�.Y: 5741235-94(,9 5741235-9371 RE. Tax Abatement for Ameriplex Superior Partners, L.P. July 6, 2012 Page 2 The company does not yet have information about their contractors which is needed to determine the actual term of the abatement. The company will have this information for the Common Council prior to the date set for issuing their confirming resolution. It is estimated that the company will qualify for a three to five year abatement. Assuming a three year abatement term is approved at the Confirming Resolution date,the total taxes to be abated during that term are estimated at S 184,182. Total taxes to be paid during a three year term are estimated at $128,648. Total taxes to be abated for a four year term would be $226,045 and $191,062 of taxes would be paid. Assuming a five year term,taxes abated would be $267,263 and taxes paid would be $254,121. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create sixty-two (62) new,permanent full-time positions with total wages estimated at $2,100,000. ABATEMENT QUALIFICATIONS 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with one previous six (6) year real property tax abatement which was approved on July 31, 2009. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for up to a five year real property tax abatement under Section 2-83.1,Warehouse Development in the Economic Development Target Areas, Urban Enterprise Zone and Redevelopment Blighted Areas. 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"O m E � a a m C � L] 7 (La v U rs j u�i f� Y m `o -o N N N m U N m X x 00 '? 10 vy m v Q v (n C > 0 m -o Q Q m Z Z E Q cQZ E L LL! 0 0 C N co g CO 0 p L — U m ¢ a � G7oaa n aw.- a a 0 0 0 O N h to N h N Q O 4 p r C [L] N c"! 4 0 N co ....© OD C3 N �N a o00 0 o Loo Lo 0 (Q to "T O a O �_ N N LO CO co LO L6 N V N O N to m h h W m r O m Q b O O f 0 0 0 a r N L? a U} O lf) c0 0 O a 0 +rte M m N o N ti 0) N h N ~ LL. � O �N .� } � m rn N co O U-)O oho cO m Ln 4 LD s•-' �' lo t•r N LfJ f� O L[j C N o N�O O O O o to 0 LO O L, Lf? CD O O O — h f� cq O LL7 o O N U') O to L �Y N O N N 07 L+•) Co O (wit C Cl LO tl' O t— LO N {� N N N Q N CD 0 0 0 g O C7 0 0 o O a O 6 0 LO 10 O C? OQ N m N N N N N m C O O) t- � N W Co Ems ~ QOOq CD•a. Q N N U C'7 LO '� X ® a w .� cu N jac): oono a s» M—r` or- t-O 4 LfJ h 6l !� C\ N h $b7 4 N N C� N Z ' X h h h h h > N h C7 D) Lf3 V' q' - V M X O O O O N N .,- � 0 0 0oo C) C. °) N oo aao o cn ZI C: X U N Q rY W �6 •p � C Q7 .. C � O O O > [J Y N co V 0 '0' 76 D U � 0 � ou p °i 0 CD > < , O— O Ln fq Q Y N a ? vi X ` C N Lt5 FJR1 °• U LLI > D t4 Q CL N Q � w N � m C A 0 N iD v > L6 U E m v � X x x U Y Q � > (6 N U) Q N Q- (6 U -lc N -0 'a > O rn E6 x t6 p� O -Q CO N a�i vN m x N x U CD 0 fn N Q v Q N U3 ai m e o o S < WIZ Q � = .� E cQ ¢ E NU - L) ._ LO U M W ¢ L� U H 3 A), CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et sep., and South Bend Municipal Code Sec. 2-76 et_ secs., for this petition state the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements,and a general statement as to the importance of the project to your business: 4-11i4 ley 4 P e Land Size acres; Building Size IL q. s ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (Pleasp attach an additional sheet if or space is needed): 3. Estimate the dollar value of the project (excluding land): $ 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $ r (This information may be obtained from the St. Joseph County Assessor's Office 235-' 9557.) 5. (a) The real property for which tax abatement consideration is petitioned(Property)is owned or to be owned by the following individuals) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent,' if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST %) /AP (Rev 5/13/11) (b) The following other person(s)or corporation(s)lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAM ADDR SS INTEREST(°!n) 6. The commonly known address of the Property is: r 7. The Key Number(s) of said property is: 025-10D`1 -014605 8. A legal description of the above address is attached hereto, marked "Exhibit A,"and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked "Exhibit B,"and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of fling of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Be pd Re eveloprpent Commission: 12. The redevelopment or rehabilitation project itself will: (a) create j�_permanent, full-time and 0 permanent, part-time jobs within the first year, representing a new annual payroll of$-2, //'J ; and (b) maintain--a—existing, permanent, full-time and �, existing, permanent, part-time jobs (including existing, permanent, full-time, minority employment of U workers and existing, perma- nent, part-time, minority employment of '0 workers) with a total annual payroll of $ 1A for all existing employees. 13. Provide current wage information for existing employees including: base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips(please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Laborers Full-Time Part-Time $ $ Technical $ $ Managerial $ $ Administrative $_ $ (Rev 5113111) 2 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): POSITION (Indicate Full Time [FT] or Pad Time [PTj) EMPLOYMENT �qGE br7 J r, r drt i3 15. Indicate whether your company provides the following benefits (use Y/IV): Health Care Benefits Pension Plan Employer Provided Training (recognized or certified train ing/ed+ucationaI courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) 4-11 Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) Employer-Assisted Housing Program (provide an employer-assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community& Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals), (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR READ. PROPERTY TAXES PERSONAL PROPERTY TAXES '0 1 VAV '!0 N (This information may be obtained from the St. Joseph County Treasurer's office 235-9531) (Rev 5113111) 3 17. Please list the number of full-time and part-time minority employees for each of the last three years: Year Black Full Part Full Part Full Part Hispanic Asian Indian Other 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: 0 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235-9335 for additional information on this section): Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. ' Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b)designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0113) or Significant (S/12 or S/11) in the most recent Historic Preservation county- wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. Cleaning up a "Brownfield,"which is any site, building,facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): (Rev 5/13/11) 4 21. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. 23. Is your company incurring any of the costs of extension or over-sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) if more space is needed): 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC)or North American Industry Classification Systems (NAICS) major group within which the proposed pr ject woulo be class i ed, by number and description is: � ' 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by n mber and descri tion is: 6 /G 29. The current use of the Property is i1 and the current zoning is_ (This information may be obt ined from the Building Department 235- 9554). (Rev 5113111) 5 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL .� -. PW4 ..,_ x._.31• -� - 31. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. ,Joseph County, Indiana, Industrial Revolving Fund, or other public financial assistance,including but not limited to public works improvements. 32. The following person(s)should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council Name: Address: City, State, Zip: Telephone: E-mail address: go ' 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2-83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition, Name: Address: -3 City, State, Zip: S, ' Telephone: 3 E-mail Address: (Rev 5113/11) 6 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing,determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-54.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): By: �- (Sign Name) r (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) 1 A LR'�pt yn, (Rev 5113111) 7 < CD 0 0 \ 7 r 0 0 2 -4 M � gi p $ n W � ` ' ' ' ' \ 2 ,0 § / ƒ o ƒ 2 § CD 2 CD 0 J 0 CD M 2 _2 � _ƒ O 7 CD CD CL Ch 0 (D 0 c CD > C ƒ 0 @ CL @ ■ @ a 7 CL CL -0 < CD m o o $ CL $ 0 » (D o F o - . 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Cta 0 a � Cv cr a) p O CD pa 0 � > °C1 C "q n 3 d E cr W 0- C- w 5, 0 d CD "tl' ar Y pa 7 CD C N O {n 0 0 CD 9` K CL d l< CD C]. ® > > _ {D � =3 CD C cr "d = °� Ga CD C Q a1 v rr 4-0 S � CD CD U Cn W C7 4• 4o d d — Cr� JI) CD CD South Bend Tax Abatement Ordinance Overview Procedures and General Standards-Abatement in Tiers South Bend's Abatement Program is a program which awards a base level of abatement for any project that meets certain minimum level development standards. Additional years of abatement may be added to this base for projects involving the development or rehabilitation of commercial real property listed in the following table provided the project fosters certain economic development and other public benefits. Base Abatement Base Abatements may be awarded according to the following schedule: Development Area New ReMN- Z Constr. On? Multi-Family EDTA $1,000,000 $250, Single Family City-wide An Office CBD 1 5,000 sf 5,00 Office EBDA, TAIA 7,500sf 1 5,000 sf Yes 3 Retail CBD, EBDA, TAIA Any Yes 3 Retail UEZ An An Yes 3 Mixed Use CBD 15,000 sf 5,040 sf Yes 3 Mixed Use EBDA 7,500 sf 5,000 sf Yes 3 Institutional CBD, EBDA, UEZ An An Yes 3 Hotel/Motel CBD, EBDA,AEDA 20 rooms n.a. Yes 3 Industrial City-wide 10,000 sf 10,000 sf Yes 3 Industrial UEZ, RBA An An Yes 3 Warehouse City-wide 25,000 sf 25,000 sf Yes 3 Warehouse EDTA, UEZ, RBA Any Yes 3 Personal Property City-wide Any None No 5 (Equip. &Machine Definitions of Area Abbreviations Airport Economic Development Area Central Business District East Bank Development Area Economic Development Target Area Redevelopment Blighted Area Tax Abatement Impact Area Urban Enterprise Zone Additional Base Abatement Criteria * The project must be perceived to generate a ten-year financial return(in taxes, fees,pmts, community econ & social benefits...) sufficient to justify the City's direct investment in infrastructure support. A Memorandum of Agreement is executed which speaks to: • The conditions of the abatement • The timeframe for actions • An agreement to respond to surveys related to compliance (Rev. 5/13/11) South Bend Tax Abatement Ordinance o An agreement to grant access related to compliance inspections o Any events that might cause termination or payback actions ® The applicant must be current in their taxes. There must be no pattern of local, state or federal law or regulatory violations. Add-On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property(listed above) that achieve Public Benefit Points described in the following tables: ')fable I Pro'ect Related Actions Points Redevelop a site which has special needs such as converting a commercial 49 building to residential use, rehabilitating and reusing an historic building, rehabilitating and reusing a property that has been designated a"problem property"by the Community and Economic Development Department, or paying the cost of cleaning up a Brownfield. Develop a product or business based on licensing intellectual property arising 35 from research conducted at a university in St.Joseph Coun . Achieve one or more physical elements identified in a development or 36 revitalization plan that has been_a roved by the Common Council. Super-Size Development Actions (For exceeding the minimum hard S costs or s . footage required to meet base ear criteria) Cumulative! 100 to 199% 25 200 to 299% 68 300 to 399% 65 400% and over 52 Construction Related Actions Employ local companies for at least 75% of construction work(of that which is 20 reasonably available locally) Purchase 75% of materials locally of that which is reasonably available locall 20 100% of construction workers are ern Io ees not lnde endent Contractors 19 Pay 100% of the wage that the US Dept. of Labor has determined to be 22 prevailing in St. Joseph County. Published on the Davis-Bacon website at 4q://www.access.gpo.gov/davis.bacon/. All contractors must contribute to a health plan. 22 All contractors must contribute to a retirement Ian. 18 Contractors must maintain an Affirmative Action Plan. 20 Wage& Benefit Related Actions of Applicant Pay average of 100% of mean hourly wage reported by the Bureau of Labor 33 Statistics in its most recent Metropolitan Area Occupational Employment Annual WV e Estimates for South Bend, Indiana Metropolitan Statistical Area. (Rev. 5/13/11) 2 South Bend Tax Abatement Ordinance Contribute toward health pjan 34 Contribute to pension or retirement plan 29 Provide training to employees which consists of certified training or educational 28 courses or programs conducted within or outside the place of em to ment Provide or contribute to cost of child daycare 15 Provide Transportation Assistance to lower income employees such as using 14 public transportation, subsidized public trans ortation orspecial van services. Provide an em to er-assisted home ownershi p program 9 Workforce Related Actions_2LApplicant Create a specified number of new jobs 42 Retain a specified number of existing jobs 41 Maintain or establish an Affirmative Action Plan 35 Provide targeted hiring preference for residents of Census Tracts designated by 34 the Community&Economic Dev. Dept. that have the highest unemployment or the highest percentMe of low and moderate income individuals. Pay for extending or over sizing municipal infrastructure including water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, and traffic control and related public improvements. Over sizing (cumulative) 14 Pay 26 to 50% of extension eumulagve 26 Pay for 51 to 75% of extension cumulative 39 Pa for 76 to 100% of extension cumulative 52 Support a Municipal Facility Provide significant financial support to a municipally owned facility such as a 84 ark, recreation, cultural arts or entertainment facility. Public Benefit Points and thresholds for Additional Abatement Years The following points must be achieved to earn consideration for each additional year of abatement. Table If- Multifamily Development Projects From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 (Rev. 5113111) 3 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-53.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601 , or its successor agency as a condition of receiving property tax abatement. I ` k c Petitioner's Name fY Agent's Name Acting on Behalf of the Petitioner Contact Person P Street Address City, State, Zip Code -11".---2��- � F- -1-13ze�, Business Telephone Number / Jf 'a E-mail Address w_•�,_. -. 'i ; Signature of Petitioner ; cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office (Rev. 5/13/11) 00STATEMENT OF BENEFIT'S zu PAY ZO- -1. REAL ESTATE IMPROVEMENTS — State Form 51767(R2 11-07) FORM SB-1 i Real Property Prescribed by the Department of Local Government Finance ,Tris statement is being completed for real property that qualifies under the following Indiana Code(check one box); Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) INSTRUCTIONS: 1, This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. Projects"planned or committed to after July 1, 1987,and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (iC 6-1.1-12.1) 2. Approval of the designating body(City Council, Town Board, County Council,etc.)must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBt7, Whichever is applicable,must be filed with the County Auditor by the later of.-(1)May 10,or(2)thirty(30)days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1591,must attach a Form CF-IIR&al Property annually to the application to show compliance with the Statement of Benefits. [IC 6-1.1-12.1-5.1(b)and 1C 6-1.1-12.1-5.36)) 5. The schedules established under IC 6-1.1-12.1-4(d)for rehabilitated property and under IC 6-1.1-12.1-4.8(1)for vacant buildings apply to any statement of benefits approved on or after July 1,2000. The schedules effective prior to July 1,2000,shall continue to apply to a statement of benefits filed before July 1,2000. ® +- e Name of taxpayer Address of taxpayer(number and street city,state,and ZIP code) Name of contact perspp � /� Tefep�n lumber_ � � E-mat!address ! NESUMEMEM ® ® r a 0 ® 11010 e .•_s 6�/ Name of des' aff y Resolution number Lacats of prop � County _� ��� � DLGF taxing district number go rI �'v G✓ Description of rbal property improvements,redevelopment,or rehabilitation(use additional sheets ff necessary) Estimated start date(month,day,year IV Estimated oom et pletion date(month, y,year} J tGurrentnumber Salaries Number retained Salaries Number additional alariies a * NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 0 Plus estimated values of proposed project (�® Less values of any property being replaced Net estimated values upon completion of project W® IN Estimated solid waste converted(pounds)_ ® Estimated hazardous! vuaste converted(pounds) . f Other benefits W C 01T e 0 I herebTte; hat the. ,presentations in this statement are true. Signature of ar e �be pate signed(month,day,year) r Page 1 of 2 7A. The ed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards esolution previously approved by this body. Said resolution,passed under 10 6-1.1-12.1,provides for the following limitations: gnated area has been limited t o a period of time not to exceed calendar years "(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements ❑Yes ❑No 2.Residentially distressed areas ❑Yes ❑No 3.Occupancy of a vacant building ©Yes ❑No C. The amount of the deduction applicable is limited to$ 1). Other limitations or conditions(specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number pate signed(month,day,Ja Attested by(signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taentitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10) 2. If the Economic Revitalization Area was designated after June 20,2000,the deduction period may not exceed ten(10)years. C. For vacant buildings,the deduction period may not exceed two(2)years. Page 2 of 9 r }}�AR/yt�� THE'N�(�yTHWESt�q y 7M yF 01IO€� 17 /�D THE FORTH/AST �(U+A#�pgTER OF��+38 ��aaCTfC�5� a- TOWNS" y��NkJF� �q"�} d'�gSy DE 2 EApg9 S MDESCRIBED AN Ms3HIP, CITY i O SOWN SEND, . J0 COUNTY, tN IANA, MORE PARTICULARLY ULARLY F a AT E �1�dTi 8T�Y ES` T CORNER O NOR7HMT QUARTER OF SECTION 8 t SAD CORNER ARK BY A HARRIS -E MONUMENT; T €E CE SOUF CR y12 MINUTES SECONDS DECREES MINUTES INSTA I g 010..31���"T To E��p{�o�Iwr�T SE, � f�N0,; TO OF THE WEST#BRIGHT—OF-#t�AY UNE OF��yD �I p�fIVE A� �pREC�t�q,j °��p��ORDER INSTRUMENT >CNUMSER Idf�4796 � SIN dFE�Ey/���Pf"1° CE 6�dol" £�.W¢pD�l/i�EJER tiiL9�y4p.}14�1�6d�i�!/�{tom THENCE e�1 tiTH�q 6d() j)E4Jd��CgyS�� +¢J� FEET TO THE�Nu� 5 SECONDS EAST ALONS SAJ WEST d.1L:CBT`'�`$dS—�i y UNE. A DISTANCE O 919.19 NORIH IJNE PORTACE PRAIRIE MINOR #9 AS RECORIDED UNOM IN MENT. NUMSM 0814357s- THENCE SOurd 89 DECREES 44 MINUTM 25 SECONDS WEST ALON(; SAID NORTH UNE. 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AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 and 3527 WESTERN AVENUE, SOUTHBEND, INDIANA, 46619, COUNCILMANIC DISTRICT N0. 6 I THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE TO LB LOCAL BUSINESS DISTRICT TO OPERATE A CONVENIENCE STORE AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO ADD A GASOLINE DISPENSING FACILITY WITHIN THE LB LOCAL BUSINESS DISTRICT CLASSIFICATION. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 3495-04, as 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST, JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS THE WEST 86 FEET OF LOT NUMBERED 1071 IN THE PLAT OF "LA SALLE PARK"AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.24A CRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as LB Local Business District. SECTION II. That a Special Exception for Gasoline Dispensing facility in a LB Local Business zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. 2 SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council -V 'in 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 of the City of South Bend, Indiana Filed in Cler,tj office ALIGG Od, ZGIZ 1�l READING bir-2 r 0 oil USLIC HEARING - I , qm: JOHN 3 rd READING CITY CLERK,SOUTH SEND,IN NOT APPROYM. REFERRED. PASSED PETITION FOR A COMBINED HEARING QE.o South Bend Indiana I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): I) The subject property is located at: 3529 and 3527 Western Avenue, South Bend, Indiana 46619 2) The property Tax Key Number(s)is/are: Key# 1: 18-4068-2518 Key#2: 18-4068-251801 3) Name and address of property owner(s)of the petition site: Parwinder Kaur&Singh Harjinder Barbara Dockery 3529 Western Avenue 3527 Western Avenue South Bend, Indiana 46619 South Bend, Indiana 46619 574-234-7870 574-287-0108 E-Mail Address NIA E-Mail Address NIA 4) Name and address of contingent purchaser(s), if applicable: Parwinder Kaur&Singh Harjinder 3529 Western Avenue South Bend, Indiana 46619 574-234-7870 E-Mail Address NIA 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District To: LB Local Business District 6) This rezoning is requested to allow the following use(s): Convenience Store with a Gasoline Dispensing facility. 7) If applicable, a detailed description and the purpose of the variance(s)being requested: The Petitioners, Parwinder Kaur & Singh Harjinder have been the owners of the real estate at 3529 Western Ave. for the past few years as shown in the records of the Auditor's office. They desire to expand the services they can supply to their patrons at this location. They have been working with their neighbor, Barbara Dockery of 3527 Western Ave., owner of the property to the east of the existing Convenience store, to purchase her property and add a Gasoline Dispensing facility. Based on discussions with the Building Department and Area Plan Commission staffs, in order to add the gasoline pumps, the properties would be required to be Rezoned, a Special Use would be required to be approved for the pumps and several Variances would be needed to layout the property as shown on the attached site plan. The Convenience store has been in operation for the past several years and the site has been the home to a retail establishment of varying types for the past several decades. The addition of the gasoline pumps as noted requires a Rezoning, Special Use and Variances. Once the Rezoning is initiated,the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation,the Rezoning necessitates that several Variances be approved as well. Shown below are the Variances being requested for the property: 2 1).A Variance from the requirement of providing perimeter trees at a minimum rate of one(1)over-story deciduous tree every forty(40)feet to providing a minimum of two trees(2)in the parkway of Kenmore on the west side of the site and one(1)tree along the north property line as shown. The petitioners are asking for approval of this Variance as the property is located in the urban core area of the City with limited area. The Petitioners would add two trees in the parkway area of Kenmore Street in an area presently used for parking. That pavement would be removed and landscaping will be added to soften the western fagade of the building,which is also the main entrance. Trees cannot be placed along Western Avenue as the City has recently placed new street lighting in the grass parkway along with the electric line running in the grass area. One tree would also be placed along the north property line away from the existing overhead utility lines running along the alley.The property to the east is a combination home and business which appears to have been vacant for quite some time. The owners do not believe approval of this Variance would be detrimental to any surrounding property. 2). A Variance from the requirement of providing a minimum of a 6 ft.wide landscape planting area along the Western Avenue fagade of the existing building to no landscaping and to a minimum of 10 shrubs along the Kenmore Street fagade as shown. The Petitioners would state that the Western Avenue frontage has not changed in the last few years and the owners had placed a concrete sidewalk along that frontage. The building does have an entrance to that street that presently is not being used. They would ask to not be required to ripe up the concrete to place a few shrubs along that building front. The petitioners would state that their focus is to remove the existing parking and pavement on the west side of the building that has been used by patrons for the past several years. This parking encroaches into the right-of-way for Kenmore Street. The Petitioners believe removing the pavement and replacing the walk and adding shrubs along the west side of the building meets the intent of the landscape Ordinance for the City. The Petitioners believe approval of this Variance would not adversely affect any surrounding property. 3).A Variance from the requirement of providing Type`B"Residential Bufferyard screening along the north and east property lines to providing a minimum 6 ft. high landscape screening fence along said property lines to the required 10 ft. sight triangle at northwest corner of site and 10 ft. sight triangle at southeast corner of site as shown. The Petitioners would state that presently the existing paved area behind the building is not screened from the properties to the north or to the east of the petition site.The requirement of a 20 ft. wide residential bufferyard is quite extreme for smaller properties in the urban core areas of the City. The Petitioners are asking to be able to use a screening fence along both the north and east property lines of the site. This provides a solution to the screening of the proposed parking and gas pump areas without the requirement of using an overly large portion of the site.The Petitioners are trying to locate improvements on their site and meet the intent of the Ordinances to screen/buffer the uses from the adjacent properties. They believe approval of this Variance will not have a negative affect on adjacent properties. 4).A Variance to allow parking spaces,pavement and a dumpster and dumpster enclosure to be placed in the 20 foot wide Residential Bufferyard along the north property line and east property line to a minimum of I ff. along the north property line and to a minimum of 2ft.along the east property line as shown. The Petitioners are asking to encroach into the Residential Bufferyard along both the north and east property lines. This is to allow the placement of parking spaces along the north line and for a dumpster enclosure at the northeast portion of the site. This will allow for the Petitioners to remove the existing parking spaces along Kenmore Street out of the right-of-way and to organize the spaces at the only viable area on the site. This will also allow a location for a trash dumpster that will be placed at a location for easy access for a truck to enter the site,empty the trash and leave the site without unnecessary maneuvering. The Petitioners believe the approval will allow for the site to be used more efficiently than it is used today. The approval of this Variance should not have an adverse impact on surrounding properties. 3 5). A Variance from the requirement of providing a minimum 24 ft.aisleway in the shown north parking area to a minimum of 22 ft. The Petitioners are requesting to be able to have a smaller than required aisleway for their proposed Parking area. They want to replace the existing parking on Kenmore Street to an on-site location. The best place for the new parking is north of the existing building. used on the location of the building, there is a limited area for parking spaces and the aisleway.The Petitioners are balancing the maneuvering area and the size of the spaces. The 22 ft.aisle is adequate for the small amount of car parking provided. At this Convenience store,a large portion of patrons using the store walk from their homes from the surrounding neighborhood. The Petitioners do not believe approval of this Variance will adversely affect the surrounding properties. 6). A Variance from the requirement of providing a minimum 20 ft. in length parking spaces to a minimum of 19 ft.as shown in the north parking area. The Petitioners are requesting the ability to reduce the length of their parking spaces from the Minimum required 20 ft. length to 19 ft. As mentioned in the previous Variance request,the site is limited in the amount of area for spaces. The Petitioners believe they have balanced the space by having parking spaces at 19 ft.and the aisleway at 22 ft.This is similar to other small parking lots used in the City with limited property.This request is to remove the existing parking spaces that are presently in the right-of-way of Kenmore Street. The Petitioners believe the small parking lot will work with the amount of traffic that is typical of this Convenience store.The Petitioners do not believe approval of this Variance will have a negative impact on adjacent properties. 7).A Variance to allow a Canopy over the gasoline pumps to encroach a maximum of I3 ft. into the 20 ft. wide Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown. The Petitioners are requesting a Variance to encroach into the Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown. The Ordinance does not require a Residential Bufferyard for properties with a MU Mixed Use zoning classification. The adjacent property has that MU classification. The gray area in the Ordinance is that if an adjacent property has a residential use,the Bufferyard is required.The adjacent property has a residential home in the rear attached to a store front.The Petitioners decided to take the conservative approach and request the Variance to allow the Canopy over the gas pumps to encroach into the perceived Residential Bufferyard. The Canopy would encroach 15 ft.into the 30 ft. Front yard setback along Western Avenue, This would still place the Canopy behind the front facade of the existing building. The Petitioners do not believe that this encroachment for the Canopy would have an adverse impact on the adjacent property that contains a home with a retail store or along the streetscape of Western Avenue. 8).A Variance from the requirement of providing a minimum of a 10 ft.wide drive-thru lane and 12 ft. wide bailout lane for the proposed Gasoline Dispensing facility to providing a minimum of 9 ft. wide drive-thru and bailout lanes as shown. The Petitioners are asking to be allowed to reduce the width of drive lanes defined in the Ordinance as"drive-thru lanes"and"bail out lanes".Again, a gray area exists in the Ordinance as it relates to access and vehicle parking at gasoline pumps. The Petitioners decided to ask for a reduction in the size of the lanes, in case that it may be interpreted that gasoline pumps fall in the same category as drive-thru and bail out lanes for fast-food restaurants and banks. The paved area around the proposed gas pumps will be large enough to allow cars to be at the pumps and still leave room for a"bail out"lane around the pump islands. The gas pumps are not the primary use at this Convenience store but only an added service being provided to patrons. The Petitioners do not believe approval of this Variance would negatively impact surrounding properties. 9). A Variance from the minimum 15 ft.parking setback along Kenmore Street to a minimum of 6 ft.for proposed parking spaces as shown. 4 This Variance request is to allow for the present parking areas as mentioned above to be relocated from the Kenmore Street right-of-way and placed on-site.As shown the parking spaces along Kenmore Street will be screened by low shrubs. This is an improvement over the existing paved area that exists today along Kenmore Street. This Variance will allow for the required number of parking spaces on-site for the Convenience store and Gas Dispensing facility as stated in the City Ordinances. The Petitioners do not believe approval of this Variance would have an adverse affect on any surrounding property. 10). A Variance from the minimum 30 ft. Front yard Building Setback along Western Avenue to a minimum of 9 ft. and from the minimum 30 ft. Front yard Building Setback along Kenmore Street to a minimum of 8 ft. for an existing building, The Petitioners would ask for approval to be allowed to have the existing building remain in the present location which encroaches into the front yard building setback area along both Western Avenue by 21 ft.and encroaches into the front yard building setback area along Kenmore Street by 2211. The building has existed as shown for the past several decades and the Petitioners believe approval of this Variance will not be detrimental to any adjacent property. 11). A Variance from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to no additional screening as shown.The Petitioners would state that presently the dumpster as had no enclosure for the past several years. They would ask the Commission Members to agree that providing the shown enclosure along with the additional fencing along the north and south property lines would be sufficient screening for the dumpster. The Petitioners do not believe approval of this Variance would have an adverse impact on any surrounding property. 8) A statement on how each of the following standards for the granting of variances is met: The Petitioners would state that their property is located in the urban core on a corner parcel that has been used for retail purposes for the past few decades. The Petitioners desire to add gas pumps to their facility as a convenience for their patrons. The proposed gas pumps are not the primary use of the site. The gas pumps will be a secondary use. The requested number of Variances,reflect a situation that exists for retail uses that are located in older neighborhoods. The building has existed for decades and pre-dates revised zoning ordinance developmental standards. The customer that uses this type of retail establishment is just as likely to be a walk-in patron as one that uses a car.The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health,safety, morals and general welfare of the community.As envisioned the proposed improvements will place parking,screening, landscaping on-site where none presently exists. This will increase the public health, safety,morals and general welfare of the community. The Petitioners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner.The site as proposed will provide more screening, landscaping and on-site parking than has existed before. The proposed improvements will remove existing parking and pavement that is located in the Kenmore Street right-of-way. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements almost impossible and create a situation where owners could do little to add value to their properties and provide additional services for the patrons using their establishments. 9). if not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances and Special Exception. 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: The Petitioners are requesting approval of a Special Exception Use as allowed under Section 21-03.04 5 (2)(A)of the City of South Bend Zoning Ordinance to allow for a Gasoline Dispensing facility (Automotive Uses)on property zoned LB Local Business District. 11) A statement on how each of the following standards for the granting of a Special Exception is met: The Petitioners would state that the proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare. The proposed Gas Dispensing facility should be an added convenience for patrons using the facility. The proposed use has also been used at other establishments in the neighborhood without a negative impact for surrounding properties or the community at large. The Petitioners would state that the proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed Gas dispensing facility is small in size and fits with the existing Convenience store. The gas pumps are secondary to the primary use of the property which are items sold in the Convenience store. With the proposed screening and landscaping,values on adjacent properties should not be adversely affected. The Petitioners would state that the proposed use will_be consistent with the character-of the-district in which it is located and the land uses authorized therein.Along this portion of Western Avenue,there are similar uses as to the one being requested. The combination of the existing Convenience store with the addition of the gas pumps is in keeping in character with of the district and the surrounding neighborhood. This proposed use will blend with the mixture of retail uses in the Western Avenue corridor. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.The City Comprehensive plan shows that this portion of Western Avenue is appropriate for Commercial(Office&Retail)along with medium density residential development. The proposed combination Convenience store with gas pumps would fit with those types of mixed uses. 12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d)addressed,stamped envelopes for all property owners within 300 feet of the petition property. Signature(s)of All Pr© erty owner(s),or signat r all pro a weer PartyParw 'Areer,riNur fKngh Arjinder Barbara Dockery 3529_Ist Avenue 3527 Western Avenue South Bend, Indiana 46619 South Bend, Indiana 46619 574-234- 870 574-287-0108 PETITION PREPARED BY&CONTACT PERSON: Sin h Ifarji7nder 3529 Western Avenue Name: Danch, Harner&Associates, Inc. South Bend, Indiana 46619 Address: 1643 Commerce Drive South Bend Indiana 46628 .�... " `" ic e 574-234-4003 mdanch @d cram ` � LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS THE WEST 86 FEET OF LOT NUMBERED 1071 IN THE PLAT OF "LA SALLE PARK"AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Cle,cr' a 1,s office F A�IJ� 08 2012 CITY Ce1E��°i�1`��IC1,11€�i;.'a�l.�f�_,...y„ Property Owners Within 300 Feet John Trotter/Western Ave Land Trust Nader Kanan Lorene Lee 3609 Western Ave 3601 Western Ave 302 S Falcon South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key#018 4068 2516 Tax Key#018 4068 2517 Tax Key#018 4068 2310 Will J Brown Wendell& Kathy Johnson Genevieve Bucher 1918 E Donald 305 S Falcon 412 Wellington South Bend, IN. 46613 South Bend, IN. 46619 South Bend, IN, 46619 Tax Key#018 4068 250803 Tax Key#018 4062 2315 Tax Key#018 4078 2827 Melveina Foltz & Barbara Geisleman John Adamo Living Trust Dolores Malone 411 S Kenmore PO Box 611 413 S Falcon South Bend, IN. 46619 South Bend, IN. 46624 South Bend, IN. 46619 Tax Key#018 4076 2766 Tax Key#01 8 4076 2767 Tax Key#018 4070 2576 Juan Cervera &Rosalina Ma Ben ita Owens/Estate for Annie Timothy Bond& Michelle Milton Bond 2909 Western Ave Owens 318 S Wellington South Bend, IN, 46619 322 Kenmore St South Bend, IN. 46619 Tax Key#018 4062 2318 South Bend, IN. 46619 Tax Key#018 4068 250801 Tax Kav#ni s 4nF;.q 7.riopni Wendell & Kathy Johnson Reina Matute Edmond Henry 305 S Falcon 314 S Falcon 6451 Erie Falls Dr, South Bend, IN, 46619 South Bend, IN. 46619 South Bend, IN. 46614 Tax Key#018 4062 2313 Tax Key#01 8 4062 2314 Tax Key#018 4062 2317 Episcopal Church Layman Chapel Dorothy Broughto/Ann Marie Warner Wendell & Kathy Johnson Christian Methodist 314 S Wellington 305 S Falcon 303 S Kenmore South Bend, IN. 46619 South Bend, IN, 46619 South Bend, IN. 46619 Tax Key#018 4068 2508 Tax Key#018 4062 2309 Tax Kf-v#n1 R 4nRR 7519ni Anthony Adamo George Swizek& Geraldine Sniadecki Anthony Adamo PO Box 611 421 S Falcon PO Box 611 South Bend, IN. 46624 South Bend, IN. 46619 South Bend, IN, 46624 Tax Key#018 4076 2771 Tax Key# 01 8 4070 2582 Tax Key#018 4076 2769 Sharon Palmer Leopoldo& Effie Gonzalez Annie Owens 415 S Kenmore 734 S Lake 322 S Kenmore South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key#018 4076 2768 Tax Key#018 4070 2579 Tax Key#018 4068 2514 Mandeep Singh Mandeep Singh Mandeep Singh PO Box 3522 PO Box 3522 PO Box 3522 South Bend, IN, 46619 South Bend, IN. 46619 South Bend, IN.46619 Tax Key#018 4076 2765 Tax Key#018 4076 2768 Tax Key#018 4076 2769 Virk Mart Inc Uhauf Real Estate Company Bank Properties LLC/Tim Rankert 3901 W Dunes Hwy PO Box 29046 56826 Wild Heather Dr Michigan City, IN. 46360 Phoenix, AZ. 85038 South Bend, IN. 46619 Tax Key#018 4062 2322 Tax Key#.018 4070 2570 Tax Key#018 4078 2823 Alan & Jean Nebiung Alan &Jean Neblung Mandeep Singh 3614 Western 3614 Western PO Box 3522 South Bend, IN. 46619 South Bend, IN, 46619 South Bend, IN. 46619 Tax Key#018 4078 2824 Tax Key#018 4076 2760 Tax Key#018 4076 2761 Mandeep Singh Nader Kanan Parwinder Kaur& Harjlnder Singh PO Box 3522 3601 Western Ave 3529 Western Ave South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key#018 4076 2762 Tax Key#018 4068 251701 Tax Key#018 4068 2518 Barbara Dockery Lupo House Dong Vu 3527 Western Ave 52606 Highland Dr 18769 Pudding Ln South Bend, IN. 46619 South Bend, IN. 46635 South Bend, IN, 46614 Tax Key#018 4068 251801 Tax Key#018 4068 251802 Tax Key#018 4062 2319 Dong Vu Wendell & Kathy Johnson Reina Matute 3501 Western Ave 305 S Falcon 314 S Falcon South Bend, IN. 46619 South Bend, IN, 46619 South Bend, IN. 46619 Tax Key#018 4062 2320 Tax Key#018 4062 2312 Tax Key#018 4062 2312 Nathaniel&Willie Jackson Benita Owens Juana Vazquez 323 S Kenmore 321 Kenmore 322 Falcon South Bend, IN. 46619 South Bend, IN, 46619 South Bend, IN. 46601 Tax Key#018 4068 2510 Tax Key#018 4068 251001 Tax Key#018 4062 2316 Christian Methodist Episcopal Lorena Vargas &Joel Gonzales Episcopal Church Lay Chapel 303 S Kenmore 226 Kenmore Christian Methodist South Bend, IN. 46619 South Bend, IN, 46619 303 S Kenmore Tax Key#018 4068 2512 Tax Key# 018 4117 4454 South Bend, IN. 46619 Tax KPU#01R 4nF;A 2811 Mandeep Singh Layman Chapel Christian Methodist PO Box 3522 Episcopal Church South Bend, IN. 46619 303 S Kenmore St Tax Key#01 8 4070 2567 South Bend, IN. 46619 Tax KPV#OIR 4nRR 2.rinpni Filed ice AUGG 08 2012 CITY CLERK,S00-'N € END,IN ORDINANCE NO, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 621 Lincolnway East, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Change to Mixed Use District from present zoning of Mli 1 Urban Corridor Multifamily District. Retail sales and repair of sewing machines. 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: 17 FT SELY SIDE LOT 6 &16FT NLY SIDE LOT 7 ANDREW FEURBRINGERS ADD be and the same is hereby established as MU Mixed Use District SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Cb6ncil Attest: could V'Ul 41 s City Clerk PETITION TO REZONE City of South Bend,,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 621 Lincolnway East,South Bend, IN 46601 2) The property Tax Key Number(s).islare: I8-3030-1906 3) Name and address of property owner(s)of the petition site: Diane J Erdman 10186 Charles St Osceola, IN 46561 , (574)(340-8841) ( ) (Erdmand @comcast.net) For additional oivners,reprim additional pages with signatures 4) Name and address of contingent purchaser(s), if applicable: ,-or additional owners,reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: MFI Multifamily Urban Corridor District To: MU mixed Use Distric District 6) This rezoning is requested to allow the following use(s): (Retail sales and serivice of Sewing Machines) 7) Attached,and made a part of this PETITION, is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c)addressed,stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s)of All Property owner(s),or siZnatpre of Attorney for all property owner(s): Diane Erdman 10186 Charles st Osceola, IN 46561 ((574)(340-8841 rt (Erdmand @comcast.net CONTACT PERSON: (If different) ice 0) AUG 0d NQ TN IN JO JOHN VOOFRIDE Legal Description for rezoning 17ft sely side lot 6& 16 ft my side lot 7 Andrew Feurbringers Add Commonly known as 621 Lincoinway East South Bend In 46601 LiceFp�����€�t��f0, It4 Preliminary Site Plan I Land coverage area %of total area Total sq ft 6620 A buildings 1220 sq ft 18% B parking 540 sq ft 8% C open space 4880 sq ft 74% Proposed land uses and floor area A retail 780 sq ft B residential 928 sq ft Total sq ft 1708 3 parking spaces provided 4 City sewer and water Filed Fri Cleo�;' office AUG � 1 �G� JOHN V rir� CITY CI.ERK, 0UTm BEND,Its ul H", w 4Qv?o y�f y,n U U PO c !I N o it Ln a� a a as Q v I M C;� Oi O r ,OO sr fit. M � CV) C747> p �' Sery . F'. O Q �x O 0p s s:: i Of OD L " 00 e- rl iS 45"m E eels County Parcels F Rec PARCELID NAME_1 MAILINGAD MAILINGCIT MAI MAILING PROP_AOD PR PROP_ ZIP SOUTH SEND REDEVELOPME NT 018-3030- AUTHORITYPR 1200 County 1 1135 OBLEM DEED City Bldg South Bend IN 46601 613 SOUTH South Bend IN 46601 SOUTH BEND 018-3030- REDEVELOPME 12D0 County 2 1137 NT AUTHORITY City Bldg. South Bend IN 46601 SOUTH ST South Bend IN 46601 CITY OF SOUTH 018-3030- BEND DEPT OF 1200 County 3 1138 REDEVEL City Bldg South Bend IN 46601 636 LWE South Bend IN 46601 SOUTH BEND REDEVELOPME NT [018-303G- AUTHORITYPR 1200 County 4.1132 OBLEM DEED City Bldg South Bend IN 466D1 611 SOUTH South Bend IN 46601 SOUTH BEND REDEVELOPME NT 018-3030- AUTHORITYPR 1200 County 5 .1134 OBLEM DEED City Bldg, South Bend IN 46601 626 LWE South Bend IN 46601 CITY OF SOUTH BEND DEPT OF 018-3030- REDEVELOPME 1200 County 6 1128 INTAUTHORITY City Bldg South Bend IN 46601 518 RUSH South Bend IN 46601 SOUTH BEND REDEVELOPME NT 018-3030- AUTHORITYPR 1200 County 7 1127 OBLEM DEED City Bldg, South Bend IN 46601 514 RUSH South Bend IN 46601 SOUTH SEND REDEVELOPME NT 018-3030- AUTHORITYPR 1200 County 811 133 OBLEM DEED City Bldg South Bend IN 46601 622 LWE South Bend IN 46601 n35 018-3039- CAPERS 2215 1517 THOMAS Inglewood South Bend IN 46616 701 LWE South Bend IN 46616 018-3030- SHEETS VERL 631 LiNCOLNWA 36 1098 R 631 LWE South Bend IN 46601 Y EAST South Bend IN 46616 DEPT OF 558-570 018-3029- REDEVELOPME County-City LINCOLN 37 1073 NT Bldg South Bend IN 46601 WAY E South Send IN 46601 018-3039- DAY ROCHELLE 547 River 547 RIVER 38 1522 M Ave South Bend IN 45601 AV 46618 1 635 018-3030- E LINCOLNWA 39 1099 SHEETS VERL Bronson St South Bend IN 46601 Y EAST South Bend IN 46616 018-3039- 18 A Kubovy Jerusalem, 645 RIVER 40 1518 ADLER JAKOV St Israel 96757 AV 46618 018-3039- HUGHES 512 River 5f2 RIVER 41 1498 ROLANDA L Ave South Bend IN 46601 AV 46618 018-3039- CIEPLINSKI 533 River 533 RIVER 42 1511 EUGENE J Ave South Bend IN 46601 AV 46618 ROZMARYNOW 1018-3039- SKI DAVID L& 540 RIVER 43 1519 JENNIFER E 540 River Av South Bend IN 46601 AV 46618 018-3039- RUPERT AN 525 River 525 RIVER 44 1506 BRIAN Ave South Bend IN 46601 AV 46618 SENFF 532 RIVER 45 1018-3039- 1512 BENJAMIN R 1532 River Av South Send IN 46601 AV 46618 DEWINTER 018-3030- RONALD L AND 46 1114 ELIZABETH 602 L W E South Bend IN 46601 602 LWE South Bend IN 46601 018-3039- 517 RIVER 47 1500 ZIMMER LEAH R 517 River Av South Bend IN 46601 AV 46618 GRUMMELL 618 018-3039- LARRY A& Studebaker 528 RIVER L48 1510 JAMES Street Mishawaka IN 46544 AV 46618 SOUTH BEND REDEVELOPME NT d18-3030- AUTHORITYPR 1200 County 9 119 09LEM DEED City Bldg. South Bend IN 46601 618 LWE South Bend IN 46601 625 18-3030- SHEETS VERL LINCOLNWA 1097 R 631 LWE South Bend IIN 46601 Y EAST South Bend IN 46616 018-3039- SHERK GAIE 548 River 548 RIVER 11 1523 LYNNE Avenue South Bend iN 46601 11AV South Bend IN 46601 KOKOT DALE A 15347 018-3039- MARCIA A Roscommon 536 RIVER 12 1515 KOVAS-KOKOT 1Ln Granger IN 46530 AV 46618 018-3039- 521 RIVER 13 1503 NOWAK NEAL N 521 River Av South Bend IN 46601 AV South Bend IN 46601 CHESTER 018-3031- MICHAEL& 616 E South 14 1140 JOHN JT W—OS St South Bend IN 46601 616 SOUTH South Bend IN 46601 VL COR 018-3031- ST JOSEPH County-City SOUTH& 1139 COUNTY Building South Bend IIN 46601 CLINTON South Bend IN 46601 18 VAC LOT DEAL RICHARD 500 BL 018-3039- T&GERALDINE 644 E EDGEWATE 6 1496 S Monroe South Bend IN 46601 R DR 46618 018-3030- DERDA 11255 W 17 1118 JUANITA P Bertrand Rd Niles MI 1 49120 512 RUSH South Bend IN 46601 HENRY 018-3039- EUGENE W& 537 RIVER 18 1514 ALICE W 537 River Av South Bend IN 46601 AVE South Bend iN 46601 709 711 018-3039- 709 Lincoln LINCOLNWA 19 1525 FORD ERIC Way E South Bend IN 46601 Y EAST ST 1 46618 PLYMOUTH 115S 018-3030- PARK TAX Jefferson 20 1130 SERVICES LLC Bldg D-4 Whippany NJ 7981 601 SOUTH ISouth Bend IN 46601 018-3030- 605 607 21 1131 GRIFFIN JAMES 601 E South South Bend IN I 46601 SOUTH South Bend IN 46601 u 018-3039- SEHORN JOHN`( 513 RIVER 49 1497 &SARAH 513 River Av 4 8 AV 46618 018-3039- LALA TONY J& 524 River 524 RIVER 60,1507 JESSICA L Ave South Bend IN 46601 AV 46618 PIETRZAK 537 537 018-3039- JOSEPH S& Edgewater EDGEWATE 1516 JUDITH A Dr South Bend IN 46601 R DR 46618 i KING FIRMER JSEE 525 018-3039- TRANSFER 2106 Bergan EDGEWATE 52 1508 NOTE St South Bend IN 4662811R DR 46618 018-3039- 501 RIVER 53 4492 ALBERS JOHN J P.O. Box 391 South Bend IN 46624 AV 46618 CASP 611 018-3030- ENTERPRISES 1624 Bowling LINCOLNWA 54 1091 LTD Oakwood Ct Green OH 43402 Y EAST South Bend IN 46616 ARMSTRONG- INGRAM 018-3039- CONAN L& 520 RIVER 55 4504 HEIDI A 520 River Av South Bend IN 4figlt AV South Bend IN 46601 PLANK CANDICE S& 018-3039- WADE G AS JT 507 River 507 RIVER 56 1494 W/ROS Ave South Bend IN 46601 AV 46618 PIETRZAK 531 018-3039- JOSEPH S& 531 EDGEWATE 1513 JUDITH A Edgewater South Bend IN 46601 R OR 46618 018-3039- MUELLER 516 E River 516 RIVER 58 4501 WILLIAM G It Av South Bend IN 46601 11AV 46618 COCHRANE 519 519 018-3039- WILLIAM L& Edgewater EDGEWATE 5911505 LAUREL P Dr South Bend IN 46601 R DR 46618 018-3039- 510 River 510 RIVER 60 1495 PATRICK LYNN Ave South Bend IN 46601 AV South Bend IN 46601 U South 705 E 018-3039- th St ste LINCOLN 22 1521 50 Philadelphia IPA 19102 WAY ST South Bend IN 46616 HERNANDEZ REYNALDO F 018-3031- AND GLENDA 702 E South 117001 RAE WILKIE St south Bend 11N 46601 702 SOUTH South Bend IN 46601 018-3031- 24 1169 FEITZ BOB E IPO Box 468 Lakeville IIN 46536 708 SOUTH South Bend IN 46601 HERNANDEZ REYNALDO F 018-3031- AND GLENDA 702 E South 608 2511170 RAE St South Bend IN 46601 CLINTON South Bend IN 46601 18-3031- QUDDOURA 50712 1165 NAJf A Mercury Dr Granger IIN 46530 1702 LWE South Bend IN 46601 018-3031- QUDDOURA 50712 712 714 1166 NAJI A Mercury Dr Granger IN 46530 LWE South Bend IN 46601 SOUTH BEND REDEVELOPME NT 018-3030- AUTHQRITYPR 1200 County 1136 OBLEM DEED City Bldg. South Bend IN 46601 701 SOUTH South Bend IN 46601 29 1018-3030- P O Box 1129 FUJAE 4342 South Bend IN 46634 522 RUSH South Bend IN 46601 KURTZ STEVEN 553 River 553 RIVER 30 1018-3039- 1532 J Ave 46618 AV 46618 MITTIGA MARIASEE 018-3039- TRANSFER 26142 Twin 549 RIVER 31 1526 NOTE Lakes Trl South Bend JIN 46628 AV 46698 18 VAC LOT 018-3039- RUPERT ALAN 525 River 500 BLK 1509 BRIAN Ave South Bend IN 46601 RIVER AV 48818 639 018-3030- 148 N 29th LINCOLNWA 33 1100 NEAL MIKE St South Bend IN 46615 Y EAST South Bend IN 46616 621 018-3030- IF DMAN DIANE 10186 LINCOLNWA 34 1096 Charles St Osceola ]IN 46561 YEAST South Bend IN 46616 MESECAR JOEL 517 517 018-3039- A.AND Edgewater EDGEWATE 61 1502 DOREEN K. Dr South Bend IN 46601 R DR 46618 MEERSMAN MATTHEW A 509 509 018-3039- AND DANIELLE Edgewater EOGEWATE 62 1499 R Dr South Bend IIN 1 46601 JIR DR South Bend IN 46601 IDEAL RICHARD 644 E 018-3039- T&GERALDINE 644 E MONROE 63 1493 S Monroe South Bend IN 46601 ST 46618 INTERNATIONA L CONSTRUCTOR S CO IV LTD D/B/A 1NTERNATIONA L CONSTRUCTOR P/R MORTGAGE AND 11555 N. 018-3090- INVESTMENT Meridian Ste 515 64 3483 CORD 400 Carmel IN 46032 MONROE South Bend IN 1 46601 SOUTH BEND 018-3090- REDEVELOPME 1200 County 3043 12TH 348701 NT AUTHORITY City Bldg South Bend IN 46601 FL COUNTY South Bend IN 46601 Filed in CITY CLERK SOUTH SEND,IN LFIled n � :)ff loe RK,SUdiH BENb,IN i ti 3 ( 2, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTII BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO, 10165-12 STATEMENT OF PURPOSE AND INTENT" On June 25, 2012 the South Bend Common Council passed Ordinance No. 10165-12 which identified the boundaries of a Riverfront Development Project for purposes of allowing special alcoholic beverage permits within this Riverfront area, under Ind. Code § 7.1-3-20-16 (The Act). This ordinance became effective on June 26, 2012 when it was signed by Mayor Pete Buttigieg. Ordinance No. 10165-12 was intended to include within its boundaries the real estate located at 301 and 305 South Michigan Street, as well as other parcels which consist of partial blocks, but it was recently discovered that, due to scrivener's error, such realty was not included in the legal description in Exhibit 'B" to that Ordinance. This Ordinance rectifies that legal description oversight, and the Council finds that the newly described area is in a redevelopment area and that the amended legally described area meets all the requirements to qualify under T'he Act. NOW, THEREFORE BE IT ORDAINED BY T14E COMMON COUNCII., OF TI-11' CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. Exhibits "A" and "B" to Ordinance No. 10165-12 which identify real estate within the boundaries of the Riverfront Development Project Area created by that Ordinance are hereby amended as set forth in' "Amended 1"Ahibits `A' and `B'," attached hereto and incorporated herein, which Amended Exhibits shall comprise the City's downtown Municipal Riverfiont Development Project Area . SECTION II. Because it was the intent from enactment of Ordinance No. 10165-12 that the defined property be included within the original Riverfront Development Project Area ordinance, this ordinance upon passage by the Common Council and approval by the Mayor, shall be effective retroactive to June 26, 2012, the effective date of Ordinance No. 10165-12, Member, South Bend Comm ii Council 1911 of Vas IS 'f"p° 4P fiGktl1 fo" 5011 TII B� 1400 Cou arse-Cr7y J3mI DQ6G � .1 �%,d PHONE 574/23 5-9241 227 W.JEFFERSON BOUL AMD �a PE % •, FAX 574/235-7670 `\• �i � SOUTH BEND,INDIANA 46601-1830 �• ifs=j�� Y N I865 CITY OF SOUTH BEND PF_TE B=iGIEG, MAYOR DEPARTMENT OF L,AW ALkDEAN M. DF-RosE C1Tt!ATrompy,AD INTER m August 8, 2012 Mr. Derek Dieter President, South Bend Common Council 4"' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending the Legal Description of Ordinance No. 10165-12 Dear President Dieter: On .Tune 25, 2012 the South Bend Common Council passed Ordinance No. 10165-12 which identified the boundaries of a Riverfront Development Project for purposes of allowing special alcoholic beverage permits within this Riverfront area, under Ind. Code § 7.1-3-20-16 (The Act). In acting upon a proposed application for a Riverfront permit, the Riverfront Application Review Committee discovered that the legal description contained in Ordinance No. 10165-12 did not describe all real estate parcels intended to be included within the Riverfront Project area. This ordinance rectifies the omissions in the original legal description. An outside expert is preparing the amended legal description, but it will take at least two weeks to receive the documents intended as Exhibits "A" and "B" to the attached ordinance. For that reason, I am filing the ordinance without the referenced attachments. I will provide them to the Council promptly upon receipt and before the public hearing on this ordinance. Either Scott Ford or Don Inks will present this ordinance to the Com�rl:c�i ._Gc� t� cil ai its °;, r. " appropriate committee meeting and at its full meeting. G Thank you for your consideration of this matter. Siricerely, -. Aladean M. DeRose City Attorney, A.I. cc: Don Inks, Scott Ford, Kathryn Roos, Tamara Nicholl-Smith CEERYL A. GRFENTE ANN--CARoi NASH ANDREA L. BE�CHKOFSKY L-WRENCEJ.ME:TEIVER JFFFRF.YL.SANFORD RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1124 - 1130 NAPIER ST, SOUTH BEND, INDIANA WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must tape action within sixty(60) days after the Board of Zoning Appeals mares its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS,the Common Council is required to mare a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1124--- 1130 Napier Street. in order to permit a Special exception to allow an accessory parking lot. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South.Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council U i _wn o dj',gb wkA S.+a"kPA .f s iii i.�..:i'a3 f__� .«...,,.. .,............... ..... ,.i a � �'� aq.. Army & Navy Garrison #146 1121 Western Ave. South Bend, In. 46601 Seeking a special exception to allow an accessory parking lot and variance from hard surface to existing on property located at 1124, 1126 & 1130 Napier Street. PROPOSAL This fence will. be on an existing surface and will add security for our elderly patrons who comprise the majority of our members. This area will also provide for snow deposit during the winter months . 1 . The 6ft. chain link fence that will surround this 30 x 124ft . vacant property will not have any adverse effect on the health, safety, or moral standardu bf the surrounding area . 2. This section is located north of an alley which the Army & Navy #146 owns and will not affect property values. 3. Proposed will be consistent with the area . 4. The proposed use will be compatible with comprehensive plan. 5 . Zoned SF2 in Portage Township 6 r _ C v 1 s ZL �„�" � � $ a �, ♦ #� �" 4 ik;4 y�, yr�t 3. *z r ,�5° b - /" yr WWI t e _ _ __ ^.1. �! 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAx: (574) 235-5541 August 2, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for an accessory parking lot in a"SF2" District ABZA 811112 Dear Council Members: The above referenced petition of the Army &Navy Garrison 4146 was legally advertised on July 20, 2012. 1 he Area Board of Zoning Appeals gave it a public hearing on August 1, 2012, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow an accessory parking lot in a"SF2" District, on property located at 1124, 1126 & l 130 Napier Street, is sent to the South Bend Common Council with a Favorable Recommendation subject to a written commitment limiting parking to the southern 35' of the property and should the petitioner fail to submit the written commitment the Board then recommends an Unfavorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/Cali PETITION OF ARMY & NAVY GARRISON! #746 SPECIAL USE PURSUANT S.J.C.C. TITLE 15 CHAPTER 154 AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAF'E BECAUSE.: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AF'F'ECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding,properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. CONDITIONS or REVISIONS: SUBJECT TO A WRITTEN COMMITMENT LIMITING PARKING TO THE SOUTHERN 35' OF THE PROPERTY AND SHOULD THE PETITIONER FAIL TO SUBMIT THE WRITTEN COMMITMENT THE BOARD THEN RECOMMENDS AN UNFAVORABLE RECOMMENDATION DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the St. Joseph County Council with a: FAVORABLE RECOMMEDAVION. ADOPTED this I ST Day of AUGUST, 2012. YES NO 0 MICHAEL URBANSKI FX-1 GERALD PHIPPS RANDALL MATTHYS BRENDAN CRUMLISH 0 JOE VELLEMAN 0 JACK YOUNG 0 ROBERT HAWLEY Area Board of Zoning Appeals —August 1, 2012 ARMY & NAVY GARRISON #146 The petition of the Army&Navy Garrison#146 seeking a Special Exception to allow an accessory parking lot in a"Sl~2"District and a variance from the required hard surface to existing gravel & grass, on property located at 1124, 1126 & 1130 Napier Street, Portage Township. Zoned "SF2". MR. ED RICHIE: I represent the Army, Navy club on 1121 Western Ave. MR. URBANSKI: Just to know this is a Special Exception and it will be sent to the City of South Bend Common Council favorably, unfavorably or with no recommendation. Do you have anything else you want to add other than what is in your petition? MR. RICHIE: No. MS. NAYDER: I just wan to point out that this also went through Design Review and at that meeting it was decided that only the south 35' would be used for parking. I just wanted to kind of reiterate that because the site plan maybe was also a little confusing or misleading again. MR. VELLEMAN: Oh, okay so they're not using that whole grassy lot in the back there, then? MR. URBANSKI: No all the way to Napier,just 35'. MR. RICHIE: Just 35' from the alley going north. MR. PHIPPS: So it's the area between the alley and the fence and the gate that they're going to be putting in there is the parking and the rest of it is just going to remain open then? MR. RICHIE: There is a fence there but we'll have to take that down. MR. PHIPPS: So you're going to take the fence that's along Napier down? MR. RICHIE: Yes. MR. PHIPPS: Okay. And then the gate in the new fence, the new fence is just for access into that lot? MR. RICHIE: Yes. That'd be 124' across will be a fence there. And then there'll be a gate and then the rest will just be open grass. MR. PHIPPS: And there is gravel along that the alley, the area that you'll be using for parking? MR. RICHIE: Yes. MR. VELLEMAN: Well that makes it even clearer. Now I understand what the triangle means. 16