HomeMy WebLinkAbout11-12-12 Council Agenda & Packet AGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, NOVEMBER 12, 2012 7 : 00 P.M.
1 . INVOCATION -- REV. JANICE HALL
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.
38-12 PUBLIC HEARING 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
48-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 6420 US 31 S.
SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT
#6 IN THE CITY OF SOUTH BEND, INDIANA
50-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 2222 WEST WASHINGTON,
COUNCILMANIC DISTRICT TWO (2) IN THE CITY OF
SOUTH BEND, 'INDIANA
51-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 1243 & 1247 CAMPEAU,
COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH
BEND, INDIANA
62-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING AMBULANCE/MEDICAL USER FEES AND
DEDICATED FUND
8 . BILLS, THIRD READING TIME:
BILL NO.
38-12 THIRD 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
48-12 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 6420 US 31 S .
SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT
#6 IN THE CITY OF SOUTH BEND, .INDIANA
50-12 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 2222 WEST WASHINGTON,
COUNCILMANIC DISTRICT TWO (2) IN THE CITY OF
SOUTH BEND, INDIANA
51-12 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 1243 & 1247 CAMPEAU,
COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH
BEND, INDIANA
62-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING AMBULANCE/MEDICAL USER FEES AND
DEDICATED FUND
9 . RESOLUTIONS
BILL NO.
12-81 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 1038 NOTRE DAME AVENUE AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVID
W. & MARY B. MURPHY
12-82 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
3300 N. KENMORE AN ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY
TAX ABATEMENT FOR EW MARINE, INC. DBA INDIANA
ROTOMOLDING, INC.
12-83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AUTHORIZING THE SUBMISSION OF
AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY ON BEHALF OF THE ST. JOSEPH
COUNTY BROWNFIELD ASSESSMENT COALITION FOR A
BROWNFIELD ASSESSMENT GRANT
12-79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, URGING THE SOUTH BEND CITY
ADMINISTRATION TO UTILIZE MINORITY-OWNED
BUSINESSES AND WOMEN-OWNED BUSINESSES AS MUCH AS
POSSIBLE FOR THE RESIDENTIAL CURBS AND SIDEWALK
PROGRAM WHEN WORK IS TO BE PERFORMED BY
INDEPENDENT CONTRACTORS
10 . BILLS, FIRST READING
BILL NO.
63-12 FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST
INDIANA AVENUE, 1527 KEMBLE STREET, 1531 KEMBLE
STREET AND THE VACANT PROPERTY SOUTH OF AND
ADJACENT TO 1531 KEMBLE ,STREET, SOUTH BEND,
INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN
THE CITY OF SOUTH BEND, INDIANA
11 . UNFINISHED BUSINESS
1 . BILL NO. 74--11 - AMEND CHAPTER 21- TO ALLOW CHICKENS-
CONTINUE UNTIL THE DECEMBER 10TH MEETING.
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.
I JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIO,ZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY--CfTY BLDG. SOUTH BEND,INDIANA 46601 (574) 235-9571
September 19,2012
The Honorable Council of the City of South Bend 00
4th Floor,County-City Building
South Bend,IN 46601
RE: A proposed ordinance of Parwinder Kaur&Singh Harjinder and Barbara Dockery to zone from MU Mixed Use
District to LB Local Business District,property located at 3529 and 3527 Western Avenue,City of South Bend
-APC#2645-12
Dear Council Members:
I hereby Certify that the above referenced ordinance of Parwinder Kaur&Singh Harjinder and Barbara Dockery was
legally advertised on Thursday, September 6,2012 and that the Area Plan Commission at its public hearing on
Tuesday, September 18,2012 took the following action:
Upon a motion by Karl King,being seconded by John McNamara and unanimously carried, the
proposed ordinance of Parwinder Kaur,Singh Harjinder and Barbara Dockery to zone from MU Mixed
Use District to LB Local Business District,property located at 3529 and 3527 Western Avenue,City of
South Bend is sent to the Common Council with a favorable recommendation. Western Avenue is a
major east/west traffic corridor,with a wide variety of well established business and commercial uses in
the immediate vicinity. The expansion of this site will provide additional neighborhood services and
upgrade Kenmore Street with safer traffic control and pedestrian access.
The proposed ordinance of Parwinder Kaur,Singh Harjinder and Barbara Dockery for a Special
Exception Use for a gasoline service station on property located at 3527 and 3529 Western Avenue,City
of South Bend, is sent to the Common Council with a favorable recommendation. The,Special
Exception Use meets the standards for approval of a Special Exception Use in that new curbing and
sidewalks will support public safety;the expansion of an existing business should not affect the adjacent
property values;the general character of Western Avenue is a commercial corridor with a mix of
business and commercial uses,and that City Plan objectives arc being met in providing for a range of
mixed uses.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common
Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the
minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
hn W. Byomi 4
Attachment
CC: Parwinder Kaur&Singh Harjinder
Barbara Dockery
Danch,Harper&Associates
SERVING:ST,)OSEPH COUNTY.SOUTH BEND,LAKEVILLE.NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND
www.stioseph cou ntyind i a na.conl/Ai°eaplan
Staff ff Roort
APC# 2645-12
Owner: Prwinder Kaur&Singh Harjinder
Location: 3529 and 3527 Western Avenue
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from MU Mixed Use District to LB Local Business
District; a Special Exception Use to allow a gasoline service station; and eleven variances to
allow a convenience store with a gasoline service station facility.
Land Uses and Zoning:
On site: On site is an existing convenience store and a single family home.
North: To the north across the alley are single family homes and a church zoned SF2
Single Family and Two Family District.
East: To the east is a vacant house with a business front zoned MU Mixed Use District,
and a body shop zoned LB Local Business District.
South: To the south, across Western Avenue, is a parking lot zoned LB Local Business
District. To the southwest is a vacant commercial business zoned MU Mixed Use
District.
West: To the west is a convenience store zoned LB Local Business District.
District uses and development standards:
The "LB" Local Business District is established to provide for small business groupings located
outside of the village style mixed use concept and which provide for the full range of convenience
uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses
within the "LB" Districts are regulated in character to assure harmonious development with the
nearby residential districts served and are limited in size and scale to promote pedestrian access.
Site plan description:
The total area of the two lots is approximately 1/4 of an acre. There is an existing 1,733 square
foot convenience store building covering 17% of the site. Gasoline pumps and nine parking
spaces are proposed,covering 73%of the site.
Zoning and land use history do trends:
The property at the northeast corner of Western and Wellington was rezoned to CB Community
Business District for automotive related uses in 2010. Prior to the map change in 2004 the north
side of Western, from Chicago to Meade, was all zoned C Commercial.
Traffic and transportation considerations:
Western has four lanes. Kenmore has two lanes.
Utilities:
The property is currently served by public water and public sewer.
Additional information: (Agency comments)
The City Engineer commented the parking spaces and aisles were not the correct width (see
variances.) The Department of Community and Economic Development supports the expansion
of an existing business and the redevelopment of Western Avenue property.
Parwinder Kaur& Singh Hadinder
#2645-12
Page 1 of 4
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, a special exception use
and a number of variances from the development standards. The Commission will forward the
rezoning and the Special Exception Use to the Council with or without a recommendation, and
either approve or deny the variances.
The rezoning is from MU Mixed Use District to LB Local Business District.
The Special Exception Use is for a gasoline service station.
In addition the rezoning and special exception, the petitioner is also requesting the following I 1
variances: 1) from the requirement of providing perimeter trees at a minimum rate of one over-
story deciduous tree every forty feet to providing a minimum of two trees in the parkway of
Kenmore on the west side of the site and one tree along the north property line; 2) from the
requirement of providing a minimum of a six foot wide landscape planting area along the
Western Avenue fagade of the existing building to no landscaping and to a minimum of ten
shrubs along the Kenmore Street fagade (the revised site plan shows additional shrubs to the
southeast of the building); 3) from the requirement of providing Type"B"residential buffer yard
screening along the north and east property lines to providing a minimum six foot high landscape
screening fence along said property lines to the required ten foot sight triangle at the northwest
corner of the site and ten foot sight triangle at the southeast corner of the site; 4) to allow parking
spaces, pavement and a dumpster and dumpster enclosure to be placed in the twenty foot wide
Residential Buffer yard along the north property line and east property line to a minimum of one
foot along the north property line and to a minimum of two foot along the east property line as
show; 5) from the requirement of providing a minimum of 24 foot aisle way in the shown north
parking area to a minimum of twenty two feet; 6) from the requirement of providing a minimum
twenty foot in length of their parking spaces from the minimum required twenty foot length to 10
foot; 7) to allow a canopy over the gasoline pumps to encroach a maximum of thirteen feet into
the twenty foot wide residential buffer yard along the east property line and to a ;maximum of
fifteen feet into the thirty foot front yard building setback along Western Avenue; 8) from the
requirement of providing a minimum of a ten foot wide drive-thru lane and twelve foot wide
bailout lane for the proposed gasoline dispensing facility to providing a minimum of nine foot
wide drive thru- and bailout lanes; 9) from the minimum fifteen foot parking setback along
Kenmore Street to a minimum of six foot for proposed parking spaces; 10) from the minimum
thirty foot front yard setback along Western Avenue to a minimum of nine feet and from the
minimum of thirty foot front yard building setback along Kenmore Street to a minimum of 8 feet
for an existing building; and 11) from the requirement of providing foundation landscaping on
three sides of the dumpster enclosure to no additional screening (the site plan has been revised to
show two evergreen trees to the north of the dumpster).
State statutes and the South Bend Zoning Ordinance require that certain standards must be met
before a variance or Special Exception Use can be approved. These standards are attached and
made part of the Staff Report.
Commitments:
No commitments are proposed.
Parwinder Kaur& Singh Harjinder
42645-12
Page 2 of 4
5 Criteria(per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City Plan South Bend Comprehensive Plan ovember 2006
Objective LU 1: Plan for the future of the community's districts, neighborhoods, and
corridors.
Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations
identified on the Future Land Use Map.
Objective LU 2.4: Provide buffer spaces between non-compatible uses.
.Land Use Plan:
City Plan identifies the areas along Western as Commercial and Mixed Use.
Plan Implementation/Other Plans:
Western Avenue Commercial Corridor Revitalization Action Plan June 1999
The Market Development objectives include attracting developers, merchants, and small
business owners,and encouraging new development.
A Vision Plan for the Commercial Corridor of The Western Avenue of South Bend Indiana
(February 2003)
Items in the Mission Statement include improve the business climate and improve the
appearance of property and infrastructure on Western.
2. Current conditions and character:
Western Avenue is a busy and traditional commercial corridor. Changing business patterns have
negatively affected the properties, but new businesses are making an effort to locate within the
corridor.
3. Most desirable arse:
The most desirable use along this commercial corridor is a commercial use,
4. Conservation of property values:
The expansion of the existing business, when properly buffered, should have a minimal effect on
surrounding property values.
5. Responsible development and growth:
It is responsible development and growth to allow for a variety of adaptive reuses along a
commercial corridor.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation;
Based on information available prior to the public hearing, the staff recommends that the special
exception use petition be sent to the Common Council with a favorable recommendation;
The staff recommends approval of variances #1, and 3-10 as referenced in Staff Comments, and
would recommend variance #2 be amended to include additional shrubs on Western, and #11 be
amended to refer to the additional landscaping as shown on the site plan for the Special Exception
Use.
Parwinder Kaur& Singh Harjinder
#2645-12
Page 3 of 4
Analysis:
Western Avenue is a major east/west traffic corridor, with a wide variety of well established
business and commercial uses in the immediate vicinity. The expansion of this site will provide
additional neighborhood services and upgrade Kenmore Street with safer traffic control and
pedestrian access. In the Staffs opinion,because of the positive redevelopment of this site and its
existing configuration, the variances as recommended by the Staff meet the standards for
approval. In addition, the Special Exception Use meets the standards for approval of a Special
Exception Use in that new curbing and sidewalks will support public safety; the expansion of an
existing business should not affect the adjacent property values; the general character of Western
Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan
objectives are being met in providing for a range of mixed uses.
Parwinder Kaur& Singh Harjinder
#2645-12
Page 4 of 4
Variances
A variance from any of the development standards of the Zoning Ordinance
may only be approved upon the Board of Zoning Appeals making a written
determination and adopting appropriate Findings of Fact, based upon the
evidence presented at a public hearing, that:
(1) The approval will not be injurious to the public health, safety, morals
and general welfare of the community,
(2) The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner;and,
(3) The strict application of the terms of this Chapter would result in
practical difficulties in the use of the property.
S®eaial Exception /AM,101-Use
A special use may only be granted upon making a written determination and
adopting appropriate Findings of Fact, based upon the evidence presented at a
public hearing, that:
(1) The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare;
(2) The proposed use will not injure or adversely affect the use of the
adjacent area or property values therein;
(3) The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein;
(4) The proposed use is compatible with the recommendations of the
Comprehensive Plan.
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ZONING CLASSIFICATION N
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SOUTH BEND"M F9" URBAN CORRIDOR MULTIFAMILY DISTRICT 'y E
SOUTH BEND"MU' MIXED USE DISTRICT `
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SOUTH BEND"G B" GENERAL BUSINESS DISTRICT
September 16.2012
Area Plan Commission of St. Joseph County
(Public hearing Tuesday, September 18, 2012 at 3:30 p.m.)
I am the property owner of 318 South Wellington Street and am writing to express my opinion
about a rezoning issue being proposed at 3529 and 3527 Western Avenue. I am strongly
against this rezoning taking place In the neighborhood. This address already has prior incidents
of loitering, criminal activity and violence by said loiters. The police have been dealing with
these issues for some time and the problems still exists.
If this property is allowed to rezone fora gasoline services station facility this will bring more
criminal activity to the neighborhood. Please keep In mind there is already a service station on
the corner of Falcon and Western which is one street over.
Sincere Thanks from a Concern Homeowner,
Mr. and Mrs. Timothy Bond
574-287-04 08
ORDINANCE NO.
AN ORDINANCE 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 I
THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MLYED 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. 9495-04, 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 0.24 ACRES 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 11. 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
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
LCLERK, .,➢ Office
( 3-J 2- Q1Z
1 t READING�JBLIC HEARING READWG "of f% I&P
t,r0T Af PROWD ,xr
WERRED t
PASSED
JOHN W BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG_ SOUTH BEND.INDIANA 46601 (574)235-9571
Wednesday, October 17, 2012 2,
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Marsha B Mitchell to zone from SF1 Single Family and Two Family District to LB
Local Business District property located at 6420 US 31 S, City of South Bend-APC#2648-12.
Dear Council Members:
1 hereby Certify that the above referenced ordinance of Marsha B Mitchell was legally advertised on Thursday,
October 04, 2012 and that the Area Plan Commission at its public hearing on Tuesday, October 16, 2012
took the following action:
Upon a motion by Daniel Brewer, being seconded by Michael Mecham and
unanimously carried, the proposed ordinance of Marsha B Mitchell to zone from
SF1 Single Family and Two Family District to LB Local Business District, property
located at 6420 US 31 S, City of South Bend, is sent to the Common Council with a
favorable recommendation. The relocation of U.S. 31 will be influencing land use
changes in the area, and this rezoning is compatible with that trend.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are
shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of
this report.
Sincerely,
r
,u 1. Filed In Clork's Ce
ohn W. Byorn
Attachment EOC2012
CC: Marsha B. Mitchell CITY CLERK,SQM BEND,IN
SERVING:ST JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOiA&ROSELAND
w -stiosephcountyindTana.com/Areaplan
Staff Re ort
APC# 2648-12
Owner: Marsha B Mitchell
Location. 6420 US 31 S
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family District to
LB Local Business District to allow a gift shop; and three variances from the development
standards.
Land Uses and Zoning:
On site: On site is a vacant single family home.
North: To the north are single family homes zoned SFl Single Family and Two Family
District.
East: To the east is the remainder of this property zoned R Single Family District in the
County.
South: To the south is a single family home and the Southlawn Cemetery zoned SF 1
Single Family and Two Family District.
West: To the west, across U.S. 31, is a single family home zoned R Single Family
District in the County, and a multi-tenant office building zoned LB Local
Business District in the City.
District uses and development standards:
The "LB" Local Business District is established to provide for small business groupings located
outside of the village style mixed use concept and which provide for the full range of convenience
uses necessary to meet the daily needs,of nearby residential neighborhoods. Permitted uses
within the "LB" Districts are regulated in character to assure harmonious development with the
nearby residential districts served and are limited in size and scale to promote pedestrian access.
Site plan description:
The area to be rezoned is approximately 0.5 acres. There is an existing 1,000 square foot house
and a 604 square foot garage. Buildings cover 7%of the site. A new driveway and five parking
spaces will be installed to the north of the house, covering 13%of the site. The current driveway
will be relocated.
Zoning and land use history& trends:
This site was annexed to the City in 1998. In 2005, the property to the southwest was annexed
and rezoned LB to allow professional office or retail use.
Traffic and transportation considerations:
U.S. 31 is a four lane highway. The relocation of U.S. 31 will eventually leave this portion as a
local street.
Utilities:
Public sewer and water is available, but the site will continue to be served by a private well and
septic system, until the septic system needs replacement.
Additional information: (Agency comments)
Community and Economic Development supports the relocation of an existing business. The
County Health Department recommends approval. The City Engineer recommended the
driveway opening be widened to 24'. INDOT will have to approve the new driveway opening.
Marsha B Mitchell
#2648-12
Page i of 3
Staff Comments:
This is a combined public hearing, which includes a rezoning and three variances. The
Commission will forward the rezoning to the Council with or without a recommendation, and
either approve or deny the variances.
The petitioner is also the following 3 variances:
1)from the required front setback of 30'to 2 P;
2) from the required Side Residential Bufferyard setback of 20' to 15' on the north to allow
parking;and
3)from the required Rear Residential Bufferyard landscaping on the east to none.
State statutes and the South Bend Zoning Ordinance require that certain standards must be met
before a variance can be approved. These standards are attached and made a part of the Staff
Report.
Commitments:
No commitments are proposed.
5 Criteria(per IC 36-7-4-603);
I. Comprehensive Plan:
Policy Plan-
City Plan,South Bend Comprehensive Plan(November 2006)
Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations
identified on the Future Land Use Map.
Land Use Plan:
The Future Land Use Map identifies the general area as a range of uses from low density
residential to commercial and mixed uses.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current conditions and character:
U.S. 31 is a major north/south thoroughfare. This location is near commercial zoning and uses to
the north in the City as well as a vacant area of commercial zoned land to the south across U.S.
31.
3. Most desirable use:
The most desirable use is one compatible with the existing residential and transitional land uses.
4. Conservation of property values:
The residential property to the north may be affected by the parking area being closer to the
property line.
5. Responsible development and growth:
It is responsible development and growth to support responsible growth along major corridors
that are transitioning into commercial corridors.
Recommendation:
Based on information available prior to the public hearing,the staff recommends that the petition
be sent to the Common Council with a favorable recommendation; and that the variances as
submitted be approved.
Marsha B Mitchell
#2648-12
Page 2 of 3
Analysis:
The relocation of U.S. 31 will be influencing land use changes in the area, and this rezoning is
compatible with that trend. The variances meet the standards for approval by accommodating the
existing structures on the site and providing appropriate protection to adjacent properties.
Marsha B Mitchell
#2648-12
Page 3 of 3
� g
SFI
R
#
SOUTHSEND
LB ,
g
0
0
Rezoning from:
''SF1'' SINGLE FAMILY & TWO FAMILY DISTRICT
to "'LB" LOCAL BUSINESS DISTRICT
N
ZONING CLASSIFICATION w E
COUNTY"R" SINGLE FAMILY DISTRICT
S
SOUTH BEND SF1 SINGLE FAMILY AND TWO FAMILY DISTRICT
SOUTH BEND"LB" LOCAL BUSINESS DISTRICT �n � � `
SOUTH BEND"Cl? COMMUNITY BUSINESS DISTRICT APB [ '°
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420,
US 31 S. SOUTH BEND, IN 46614, COUNCILMANIC DISTRICT COUNCIL DISTRICT#6 IN THE
CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
The zoning of property, 6420 US 31 S, South Bend, IN 46614 is zoned residential. We are proposing
to have it rezoned as Local Business. The new purpose of this property will change from a residence to a
business, Chickadee's Gift Shop,which has to be relocated from 5613 US 31 S. South Bend, IN 46614
due to the new 31 Bypass Project
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:
The part of the East Half of the Northeast Quarter of Section 2, Township 36 North,Range 2 East,
Centre'Township, St.Joseph County, Indiana,which is described as beginning at the southwest
corner of Lot Numbered 132 as shown on the plat of Whitcomb and Keller's Southmoor, recorded
in the Office of the Recorder of St. Joseph County,Indiana; thence East along the south line of said
plat,270.50 feet; thence South 00 degrees 52 minutes 17 seconds East, 149.54 feet; thence West
312.15 feet; thence North 14 degrees 45 minutes 10 seconds East, along the easterly right-of-way of
U.S. 31, 154.63 feet to the point of beginning.
Excluding that portion of the above referenced property located outside of the
corporate limits of the City of South Bend.
be and the same is hereby established as Local Business (LB)
SECTION H. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor,and legal publication.
Member of the Common Council
Attest:
City Clerk
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
151 READING
i
PUBLIC HEARING
3rd REl,pEi Gtr
iG ERRED, I GLI K,S
T$ BEND,AtD, I' s
'ASSE `
JOHN W. SYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST . JOSEPH COUNTY, IN
717 W JEFFERSON BLVD., ROOM I I4G COUNTY,CITY BUILDING, SOUTH BSND. INDIANA 46601 (571) 13S-9571
September 28, 2012
Honorable Common Council
Of The City of South Bend
4"h Floor, County-City Building
South Bend, Indiana 46601
R£: Bill # 48-12 A bill of the Common Council of the City of South Bend amending Chapter
21 of the zoning ordinance.
Dear Council Members:
The following changes have been made to the Ordinance for the above-referenced
petition:
Ordinance:
1) The legal description was amended to include the following statement: "excluding
that portion of the above referenced property located outside of the corporate
limits of the City of South Bend".
If you have any further questions, please call me at 574-235-4571.
Sincerely,
%�h4
Christa Nayder
Planner
SERVING ST, JOSEPH COUNTY. SOUTH BEND. LAYEVILLE. NEW CARLISLE. NORTH LIBERTY, OSC£OLA, A ROSELAND
W WW.$TJOSZFHCOUNTYINDIANA,COM
it JOHN W BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZ
ZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF -ST. JOSEPH COUNTY. IN
227 W.JEFFERSON BLVD. ROOM 1 f40 COUNTY-C17Y BLDG_ SOUTH BEND,INDIANA 46601 (57^4) 235-9571
a
Wednesday,October 17,2012
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of Manuel Villegas,Marco Villegas,David Navarro
and Juan Ramierez to zone from LI Light Industrial District to CB Community Business District;seeking a
Special Exception Use for an indoor/outdoor soccer facility;property located at 2222 W.Washington Street,City of South Bend-
APC4 2649-12.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Manuel Villegas,Marco Villegas, David Navarro and Juan Ramierez was legally
advertised on Thursday,October 04,20)2 and that the Area Plan Commission at its public hearing on Tuesday,October 16,2012 took the
following action:
Upon a motion by John McNamara,being seconded by Robert Hawley and
unanimously carried,the proposed ordinance of Manuel Villegas,Marco Villegas,
David Navarro and Juan Ramierez to zone from LI Light Industrial District to CB
Community Business District property located at 2222 W. Washington Street,City
of South Bend, is sent to the Common Council with a favorable recommendation.The
redevelopment of this site will provide for a positive adaptive reuse of this site.
Upon a motion by Donna Chamblee,being seconded by Daniel Brewer and
unanimously carried,the Special Exception Use of Manuel Villegas, Marco Villegas,
David Navarro and Juan Ramierez for an indoor/outdoor soccer facility is sent to the
Common Council with a favorable recommendation. The Special Exception Use allows
an activity that is compatible with the general character and mix of uses in the neighborhood.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are
shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of
this report.
Sincerely,
�.
gF1l
In Clark
hn W. Byoml
t
Attachment
L }
CC: Manuel Villegas ulu�/(Ma rco Villegas IC,�(( SIIrP�®
Juan Ramierez SEND,
David Navarro C/O Attorney Vincent
3ERVLIVOrG� T.IQSSEPH CCSUNTY.SOUTH BEND,LAKEVILLE.NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
A[L LI 1C www.stjasephcountyindiann.cosh/Ar-eapIan
Staff
APC# 2649-12
Owner: Manuel Villegas,et. al.
]Location: 2222 W Washington
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from LI Light Industrial District to CB Community
Business District; a Special Exception Use for indoor/outdoor soccer facility; and nine variances
from the development standards.
Land Uses and Zoning:
On site: On site is a building previously granted a Special Exception Use for an
indoor/outdoor soccer facility.
North: To the north are two single family homes and several vacant lots zoned S172 Single Family and Two Family District and a few businesses zoned MU Mixed
Use District.
East: To the east is a warehouse zoned LI Light Industrial District.
South: To the south are railroad tracks (unzoned) and, across the railroad tracks, a post
office and industrial properties zoned GI General Industrial District.
West: To the west is the former location of the South Bend Animal Care and Control,
and the Frehauf sales,facility zoned GI General Industrial District.
]District uses and development standards:
The "CB" Community Business District is established to provide a location for high volume and
high intensity commercial uses. Activities in this district are often large space users which may
include limited amounts of outdoor sales or outdoor operations.
Site plan description:
The site is 4.33 acres. There is an existing 9,670 square foot building covering 5% of the site.
New paving for 194 spaces is proposed covering 43% of the site. Access is from Washington
Street. The remaining 52%of the improved portion of the site is designated as open space. The
site plan shows the eastern 360' of the site as proposed to be used as soccer fields.
Zoning and land use history& trends:
In 1973,the Council initiated a rezoning for this block from heavy industrial to light industrial. A
Special Exception Use was previously granted for an indoor/outdoor soccer facility on March 28,
2011. Land uses in this area have remained consistent, with businesses and residential north of
Washington Street,and industrial south of Washington Street.
Traffic and transportation considerations:
Washington Avenue has two lanes.
Utilities:
The site will be served by public water and sewer facilities.
Additional information: (Agency comments)
Community and Economic Development offers a positive recommendation for the zoning but
would like to see a solution that contains some landscape buffering. The City Engineer had no
comments. The Building Commissioner requires that the applicant reapply for the Special
Exception Use because the property is being rezoned.
Manuel Villegas, et. al.
#2649-12
Page 1 of 3
Staff Comments:
This is a combined public hearing, which includes a rezoning, a special exception use and nine
variances from the development standards. The Commission will forward the rezoning and the
Special Exception Use to the Council with or without a recommendation, and either approve or
deny the variances.
The petitioner is requesting the following 9 variances:
1)from the required 393 parking spaces to a minimum of 194 parking spaces;
2)from the 20 foot front yard Residential Bufferyard setback to 0 feet for parking;
3)from the 10 foot side yard setback to 0 feet for parking;
4)from the required 14 interior landscape islands to 13;
5) from the required landscape screening for parking spaces along public streets to no landscape
screening;
6)from the required minimum 24 foot wide aisle way in a parking area to a minimum of 22 feet;
7) from the required foot wide foundation landscape area along Washington Street to no
foundation landscape area;
S) from the required perimeter landscaping, at a rate of one(1) tree every 40 feet, along the site
perimeter to providing said trees only along the improved portion of the site along Washington
Street as shown;and
9) from the maximum height of 4 feet for a fence to allow the existing 7 foot high gain link
fence with security were along frontage of Washington Street and Olive Street.
State statutes and the South Bend Zoning Ordinance require that certain standards must be met
before a variance or Special Exception Use can be approved. These standards are attached and
made part of the Staff Report.
Commitments:
No commitments are proposed.
5 Criteria(per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan(November 2006)
ED 1.2 Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Plan identifies this area as light industrial.
Plan Lnplementation/Otber Plans:
There are no other plans in effect for this area.
2. Current conditions and character:
Many of the lots, houses, and businesses north of Washington Street are vacant. The railroad
tracks separate this property from the more industrial uses to the south.
3. Most desirable use:
The most desirable use is the adaptive reuse of this building.
Manuel Villegas, et. al.
#2649-12
Page 2 of 3
4. Conservation of property values:
The additional upgrades, like a paved parking and landscaping, associated with the rezoning
should enhance the site and protect the neighboring properties.
5. Responsible development and growth:
It is responsible development and growth to allow the adaptive reuse of a building, with
additional improvements to beautify the area.
Recommendation.,
Eased on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation; based on
information available prior to the public hearing,the staff recommends that the Special Exception
Use "for an indoor/outdoor soccer facility be sent to the Common Council with a favorable
recommendation; the staff recommends approval of variances #1-6 & 9, and #8 subject to
approval by the City Forester, but that variance#7 be denied.
Analysis:
The redevelopment of this site will provide for a positive adaptive reuse of this site. In the Staffs
opinion the variances meet the standards for approval by recognizing the existing limitations of
the site. It is the staffs opinion that variance 47 would not be needed if the drive aisle to the
north of the building is reduced, making way for the foundation landscaping. The Special
Exception Use allows an activity that is compatible with the general character and mix of uses in
the neighborhood.
Manuel Villegas,et. al.
#2649-12
Page 3 of 3
Variances
A variance from any of the development standards of the Zoning Ordinance
may only be approved upon the Board of Zoning Appeals making a written
determination and adopting appropriate Findings of Fact based upon the
evidence presented at a public hearing, that:
(I) The approval will not be injurious to the public. health, safety, morals
and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner: and,
(3) The strict application of the terms of this Chapter would result in
practical difficulties in the use of the property.
Sgeciai Exception/SReciai Use
A special use may only be granted upon making a written determination and
adopting appropriate Findings of Fact, based upon the evidence presented at a
public hearing, that:
(1) The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare;
(2) The proposed use will not injure or adversely affect the use of the
adjacent area or property values therein;
(3) The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein;
(4) The proposed use is compatible with the recommendations of the
Comprehensive Plan.
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Rezoning frdin:
"LI" LIGHT INDUSTRIAL DISTRICT
to "CB" COMMUNITY BUSINESS DISTRICT
ZONING CLASSIFICATION
SOUTH BEND"SF? SINGLE FAMILYAND TWO FAMILY DISTRICT N
C: SOUTH BEND"08"OFFICE BUFFER DISTRICT f
SOUTH BEND"MU"MIXED USE DISTRICT V4l , E
w� .5
SOUTH BEND"LB"LOCALBUSINESS DISTRICT
SOUTH BEND "C13"COMMUNITY BUSINESS DISTRICT 5
SOUTH BEND 1,0131°0ENERALBUSiNESS DISTRICT 1 inch — 300 feet
SOUTH BEND"L!"UGHTiNDUSTRIALDISTRICT
SOUTH BEND"GI"OENERALINDUSTRIALDISTRICT A 2649- 1
701 W SAMPLE STREET v \ � � , PHONE 5741235-9311
SOUTH BEND,INDIANA 46601-2890 FAX 5741288-0268
x R
1865
CITY OF SOUTH BEND PETE BUTMIEG, MAYOR
SOUTH BEND POLICE DEPARTMENT
CHARLES HURLEY, CHIEF OF POLICE
THE AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IN
Re: The petitioner is requesting a zone change from LI Light Industrial District to CB Community
Business District; a Special Exception Use for indoor/outdoor soccer facility;and nine variances
from the development standards. Petitioner-Manuel Villegas.
Dear Commission Members:
I am writing to endorse Mr. Villegas's petition for zone change and
special exemption request. For over four years Mr. Villegas has donated both time and resources
to community outreach events which I have organized for the South Bend Police Department. He
routinely gives back to the community. The endeavor which he is currently asking for you
favorable endorsement will represent a new outlet for the youth of South Bend on the West side.
This business will create another safe location for the youth to socialize and interact with other
peers and learn the value of sportsmanship and exercise. His venture also shows promise as a
possible new outlet for Police involvement with the youth of the community through the South
Bend Police Athletic League. As mentioned Mr. Villegas has and continues to give back to the
community. I ask that you consider favorably endorsing his request.
Thank You
Sincerely,
Lt. Christopher Voros
(.1
JEFFREY D.WALTERS STEVEN E.RICHMOND GARY A.HORVATH
UNIFORM DIVISION CHEF INVESTIGATIvr,DIVISION CHFEF SERvICEs DIVISION CHIEF
235-9313 235-9263 235-5940
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL
EXCEPTION FOR PROPERTY LOCATED AT 2222 West Washingtgn, COUNCILMANIC DISTRICT
Two 2 IN THE CITY OF SOUTH BEND, INDIANA
Currently zoned Light Industrial and requesting rezoning to Community Business, with Special
Exception. The building will be utilized for banquets, receptions, birthday, family, and community
functions as well as being able to hold indoor and outdoor soccer functions.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana as follows;
SEC71ON 1. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning
Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning
classification of the following described real estate in the City of South Bend, St. Joseph County, State of
Indiana.
A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH,
RANGE 2 EAST, KNOWN AS ARNOLD'S FIRST ADDITION (LOTS 144 VACATED ALLEYS AND
STREET)TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT"A" IN THE RECORDED PLAT OF ARNOLD'S
FIRST ADDITION TO THE SOUTH BEND-BATTEST REPLAT BY DOCUMENT NUMBER 0028276 AS
RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY INDIANA; THENCE
SOUTH 00'10'08"EAST ALONG THE WEST LINE OF SAID LOT "A", 420.77 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE NORTH 64'53'30" WEST
ALONG SAID NORTH RIGHT-OF-WAY LINE, 973.44 FEET; THENCE NORTH 83'11'21" EAST, 74.33
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE; THENCE SOUTH
89'55'16" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE 806.41 FEET TO THE .POINT OF
BEGINNING.
be and the same is hereby established as COmmunity Business(CB)
SECTION II. That a Special Exception for indoor/outdoor soccer facility in a Com nunity Business CB
zoning district is hereby granted subject to a site development plan hereby attache and made a part of this
Ordinance and which site plan contains,and lists all conditions, if any, of approval.
SECTION M. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor, and legal publication.
Member of the Common Council
Attest;
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
5
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
1St OADIN
pUBUC. NEARING
P �
9 rd READING
NOT APPROVED
Ct`1'1a'tww. ,.
REFERRED
PASSED
RAREA JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGL.IOZZI
DEPUTY DIRECTOR
PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574) 235-9571
Wednesday,October 17,20I2 L t
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of the Northeast Neighborhood Revitalization
Organization to zone from SF2 Single Family and Two Family District to MF I Urban Corridor
Multifamily District and seeking a Special.Exception Use for a group residence,property located at 1243
& 1247 Campeau,City of South Bend-APC#2650-12.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Northeast Neighborhood Revitalization Organization
was legally advertised on Thursday,October 04,2012 and that the Area Plan Commission at its public hearing
on Tuesday,October 16,2012 took the following action:
Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously
carried,the proposed ordinance of the Northeast Neighborhood Revitalization Organization
to zone from SF2 Single Family and Two Family District to MFl Urban Corridor Multifamily
District property located at 1243& 1247 Campeau,City of South Bend,is sent to the Common Council
with a favorable recommendation,subject to a Written Commitment that that the proposed property be rezoned
back to SF2 if the Logan group residence should cease to exist.The structure being built is designed to look like
a single family home and therefore blend in with the residential character of the neighborhood.
Upon a motion by John McNamara,being seconded by Daniel Brewer and unanimously carried,the Special
Exception Use for a group residence for up to 4 unrelated individuals,is sent to the Common Council with a
favorable recommendation. The Special Exception Use will limit the use of the site and ensure that it will
not be converted to any other uses.
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.
""...LF' in Sincerely, erk, l
C�
7 n W.Byorni Attachm ent fall l—clTy CC: Northeast Neighborhood Revitalization Organization TI SENIS�
Logan Community Center IN
SERVING:ST JOSEPH COUNTY.SOUTH BEND,LAKI MLLE,NEW CARLISLE,NORTH LIBERTY OSCEOLA& ROSELAND
wvrv.s tlasePhcauntyindiana.camJAreaplan
Staff Report
APC# 2650-12
owner: Northeast Neighborhood Revitalization Organization
Location: 1243& 1247 Campeau
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family District to
MF1 Urban Corridor Multifamily District; and a Special Exception Use to allow a group
residence for up to four unrelated individuals.
Land Uses and Zoning:
On site: On site is a vacant lot.
North: To the north are single family homes zoned SF2 Single Family and Two Family
District.
East: To the east are single family homes zoned SF2 Single l~amily and Two Family
District.
South: To the south is Coquillard Park zoned SF2 Single Family and Two Family
District.
West: To the west are single family homes zoned SF2 Single Family and Two Family
District.
District uses and development standards:
The "MF1" Multi-family Residential District is established to protect, promote and maintain the
development of urban style multifamily dwellings and to provide for limited public and
institutional uses that are compatible with a multifamily residential neighborhood. The
development standards are designed to promote the establishment of multifamily dwelling
projects(including apartment, townhouse or row house style developments)and,high density two
family dwelling developments located along a block face, in developed areas of the community
which are served by a full range of public amenities.
Site plan description:
The site consists of two lots for a combined 0.3 acres. A 2,218 square foot residential structure is
proposed, covering 17%of the site. Two parking spaces are proposed with access from the alley.
The Special Exception Use will require Type B landscaping around the entire perimeter.
Zoning and land use history&trends:
In April 2011, a proposed duplex was given an unfavorable recommendation at 1201 Campeau.
Traffic and transportation considerations:
Campeau Street has two lanes divided by a grass median. Walsh Street has two lanes.
Utilities:
The site will be served by city water and sewer.
Additional information: (Agency comments)
Community and Economic Development recommended favorably. The City Engineer has no
comments.
Northeast Neighborhood Revitalization Organization
#2650-12
Page 1 of 3
Staff Comments:
This is a combined public hearing, which includes a rezoning and a special exception use. The
Commission will forward the rezoning and the Special Exception Use to the Council with or
without a recommendation.
State statutes and the South Bend Zoning Ordinance require that certain standards must be met
before a Special Exception Use can be approved. These standards are attached and made part of
the Staff Report.
Commitments:
The following commitment has been proposed by the petitioner: 1) If at any time the Logan
property for a group residence should cease to exist, Logan commits that the property will be
rezoned to its current zoning of SF2.
5 Criteria(per IC 36-7-4603):
1. Comprehensive Plan:
Policy Plan:
Cily Plan South Bend Comprehensive Plan(November 2006
Objective H 1.4: Encourage the development of a variety of housing types and care choices
for seniors and disabled persons.
Objective H 1.5: Support existing transitional housing providers and shelters that offer a
continuum of care to move people toward self-sufficiency.
Objective H 43: Support the efforts of community organizations in developing infill
housing.
Land Use Plan:
The Future Land Use Map identifies this area as medium density residential.
Plan implementation/Other Plans:
This is located in the NNRO Overlay District, The Overlay District includes additional
development standards for new construction.
2. Current conditions and character:
The north side of Campeau is single family homes and the south side is Perley School and
Coquillard Park.
3. Most desirable use:
The most desirable use is one compatible within the general character of the neighborhood.
4. Conservation of property values:
Surrounding property values should not be affected as long as the proposed commitments are in
place and enforced.
5. Responsible development and growth:
It is responsible development and growth to allow compatible infill development that meet the
needs of the community.
Northeast Neighborhood Revitalization Organization
#2650-12
Page 2 of 3
Recommendation:
Based on information available prior to the public hearing the staff recommends that the rezoning
petition be sent to the Common Council with a favorable recommendation, subject to the
proposed commitment to rezone the property back to M if the Logan group residence should
cease to exist.
Based on information available prior to the public hearing the staff recommends that the Special
Exception Use petition for a group residence for up to :Four unrelated individuals be sent to the
Common Council with a favorable recommendation.
Analysis:
The structure being built is designed to look like a single family home and therefore blend in with
the residential character of the neighborhood. The Special Exception Use will limit the use of the
site and ensure that it will not be converted to any other uses.
Northeast Neighborhood Revitalization Organization
#2650-12
Page 3 of 3
SF2 SEEN=
i Eq
F2
& 2 SF2
Corby
s21
F2 s 2
sFz
5 2
F
F2
&F2 SF2:
F2 j�
Campeau
SF2
Ch alf ant
SF2
SF2
SF2 MIA ! F2 SF2
Rezoning from:
"°SF2"' SINGLE FAMILY & TWO FAMILY DISTRICT
to "MF1"' URBAN CORRIDOR MULTIFAMILY DISTRICT
N
w E
s
ZONING CLASSIFICATION 1 inch = 150 feet
ONO SOUTH BEND"SF2"SINGLE FAMILYANDTWO FAMILY DISTRICT F°t°' 2650-12
ORDINANCE No.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1243& 1247 CAMPEAU, SOUTH
BEND, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The rezoning from SF-2 to MT-1 is requested to allow for a group residence that will house up to
four unrelated individuals. Logan has been approved by the State to provide residential
habilitation services to people in their own homes. The NNRO desires to build a house for
Logan, to accommodate four clients who have become independent enough to live by themselves
with some scheduled supervision. This group residence requires a zoning designation of MF-1
with a special use exception to allow for up to four unrelated individuals in one house.
NOW THEREFORE BE IT ORDAINED by the Common Council ofthe City of South Bend,
Indiana as follows:
SECTION 1. Ordinance No. 9495-44, 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:
Parcel#1: 1243 Campeau (Key#018-5092-2355)
Lot Numbered Two Hundred Eighty(280)as shown on the recorded Plat of the Third Addition of
Park Place to the City of South Bend, recorded April 12, 1905, in the Office of the Recorder of
St. Joseph County, Indiana, in Plat Book 8,page 192, excepting therefrom a strip of land S feet
in width, North and South, taken off of andfrom the enure width of the South end thereof,for
street purposes in St. Joseph County, Indiana.
Parcel#2: 1247 Campeau (2[4#018-5092-3256)
Lot Numbered Two Hundred Eighty-one(281) as shown on the plat of the Third Addition to Park
Place to the City of South Bens; recorded in the Office of the Recorder of St.Joseph County,
Indiana, EXCEPTTOG therefrom a strip of land five feet in width, north and south, taken off of
and from the entire width of the south end thereof taken for street purposes
be and the same is hereby established as MF-1.
SECTION H. That a Special Exception for gg.to four unrelated individuals living in on
house in a MF 1 zoning district is hereby granted subject to a site development plan
hereby attach#and made a part of this Ordinance and which site plan contains and lists all
conditions, if any, of approval,
SECTION III. This ordinance shall be in full force and effect f om and after its passage by the
Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
at o'clock m.
City Clerk
Approved and signed by me on the day of , 24 , at
o'clock m.
Mayor of the City of South Bend, Indiana
,Y st VADING
PUBLIC HEARIKG
3rd READING C"€E4"L' .� !�Lk;IiGVr 'kt INK
NOT APPROVED
IaYERRED
PASSED
PETITION FOR A COMBINED HEARING
City ofSouth 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 Plata Commission to grant the following
variance(s):
1) The subject property is located at: 1243&1247 Campeau,South Bend,IN 46617
2) The property Tax Key Number(s)is/are: Key# 1018-5092-3255 Ke)#2 018-5092-32,56
3) Name and address of property owner(s)of the petition site:
Northeast Neighborhood Revitalization Organization,Inc.
803 Uncoln way West
South Bend,IN 46616
574-289-1066
deaandrewlAsbheritage.ore
4) Name and address of contingent purchaser(s),if applicable:
Logan Community Resources Inc.
2505 F.Jefferson Blvd.
South Bend,IN 46615
574-289-4831
10 an 10 ancenter.or
For additional owners,reprint additional pages with signatures
5) It is desired and requested that this property be rezoned:
From: SF-2
To: MIF-1
6) This rezoning is requested to allow the following use(s): The rezoning from SF-2 to MT-1 is requested to
allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the
State to provide residential habilitation services to people in their own homes. The NNRO desires to build a
house for Logan,to accommodate four clients who have become independent enough to live by themselves
with some scheduled supervision. This group residence requires a zoning designation of MF-1 with a special
use exception to allow for up to four unrelated individuals in one house.
7) If applicable,a detailed description and the purpose of the variance(s)being requested: N/A
8) A statement on how each of the following standards for the granting of variances is met: NIA
(a) The approval will not be injurious to the public health, safety,morals and general welfare of the
community:
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property.
9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be
submitted. NIA
10) If applicable,a detailed description and purpose of the Special Exception(s)being requested:
The rezoning from SF-2 to W-1 is requested to allow for a group residence that will house up to four
unrelated individuals. Logan has been approved by the State to provide residential habilitation services to
people in their own hounes. The NNR4 desires to build a house for Logan,to accommodate four clients who
have become independent enough to live by themselves with some scheduled supervision. This group
residence requires a zoning designation of MF-1 with a special use exception to allow for up to four unrelated
individuals in one house.
11) A statement on how each of the following standards for the granting of a Special Exception is met:
(a) The proposed use,a group residence for not more than four unrelated individuals who will be
under the supervision of Logan Community Resources,Inc.,is not injurious to the public Health,
safety,comfort,community moral standards,convenience or general welfare. The four
individuals who will live in this house will be residents of the community,going to their jobs and
living quietly,needing only occasional supervision from Logan.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein. The much of the property around 1243 and 1247 Campeau is vacant or empty
lots. The construction of a new home,that could be returned to single family if need be,can only
enhance the property values.
(c) The proposed use will be consistent with the character of the Astrid in which it is located and the
land uses authorized therein. The house is being designed to fit into the district and its use will
be residential,conforming with those houses that still remain.
(d) The recommendations of the City of South Bend Comprehensive Plan for this area indicate a
continuity of its current use,which is medium density residential. The proposed use for the
Campeau properties reflects these recommendations and will in fact be a positive influence in
this direction.
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 PETMON,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.
PETITION PREPARED BY, PROPERTY OWNER:
Dea Andrews Northeast Neighborhood Revitalization
South Bend Heritage Foundation Organization, Inc.
803 Lincoln Way West
South Send, IN 46616
574-289-1066 ext 215 Margu0ite A. Taylor, Secretary'-'
deaandrewsCEbsbheritage.ores
'1C
Ordinance No,
Bill No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTHBEIVD MUNICIPAL CODE
ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND
STATEMENT OF PURPOSE AND INTENT
With the passage of Ordinance No. 6897-81, each year the South Bend Fire Department is
required to prepare and file a report on or before September 1 st of each year which summarizes all
of the ambulance/medical services runs as of August 15"' of that year. The report identifies the
number and type of each run; the amount billed; the amount collected; the amount in collections;
the number of lawsuits filed; and recommendations with regard to fee amounts.
The provisions of Ordinance No. 6897-81 have been codified into the South Bend Municipal
Code as Sections 9-16 through 9-18. On August 27, 2012, Fire Chief Stephen F. Cox filed the 2012
South Bend Fire Department's Annual Report pursuant to these City Code provisions.
The following ordinance incorporates the recommendations set forth in this year's Annual
Report. It is believed that the requested changes are in the best interests of the South Bend Fire
Department and the City of South Bend. The requested fee adjustments will help maintain the best
possible ambulance and medical service runs possible in the City.
/
Section I' Chapter 9, Article 3, Section 9-16, paragraphs (a) and (i) of the South Bend
Municipal Code is amended to read in its entirety as follows:
Sec. 9-16. Ambulance/]Medical User Fees Established.
(a) The following user fee schedule shall be charged for all ambulance/medical services
provided by the City through its paramedic branch of the South Bend Fire Department:
Type of Service]Provided Resident Non-Resident
1 Basic Life Support (BLS Non-Emergency) $310.46 $ 414.17
2 Basic Life Support (BLS Emergency) $496.73 $ 662,67
3 Advanced Life Support (ALS Non-Emergency) $372.54 $ 497.00
4 Advanced Life Support (ALS-1 Emergency) $589.86 $ 786.92
5 Advanced Life Support (ALS-2 Emergency) $853.74 $1,138.96
6 Mileage, Basic(Within City Limits) (Per patient miles,
minimum one(1) mile) $ 10.55
7 Mileage, Rural (Per patient miles, minimum one(1)mile) $ 1 0.55
8 Non-Transport ALS Medical Call $150.00 $200.00
(i) The above fees shall take effect on January 1, 2013.
Section II. Chapter 9, Article 3, Section 9-17, paragraphs of the South Bend Municipal Code
is amended to read in its entirety as follows:
Sec. 9-17. Dedication of Ambulance/Medical User Fee Revenues to the EMS/Fire
Department Capital Fund#288; Quarterly Transfers; Establishing When Re-
Payment of Monies is Required.
(a) The revenues generated by the rates set forth in Section 9-16 shall be dedicated to
defraying the expenses of the E.M.S. operating budget, a part of the general fund of the City of
South Bend and for capital purchases and leases of E.M.S. equipment, firefighting equipment and
fire station repairs. All monies collected will be deposited in the EMS/Fire Department Capital,
Fund #288.
(b) Quarterly transfers in the amount of sixty-two thousand five hundred dollars ($ 62,500)
will be made from the EMS/Fire Department Capital Fund ## 288 on or about the last day of each
quarter of the calendar year. Annual transfers shall not be Jess than two hundred fifty thousand.
dollars ($250,000.00).
(c) Any monies transferred in a calendar year which exceed the $250,000 threshold, shall
be re-paid to the EMS/Fire Department Capital Fund #288, on or about the last day of each January
of the year following said year when the threshold was exceeded.
Section 111. 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.
Council Member Dr.Fred Ferlic
0' District Council Member
Member of the Common Council
Ordinance Establishing Ambulance/Medical User Fees
Page 2
John Voorde, City Clerk
M7r,4e leo,l by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2012, at o'clock m.
Janice Talboom, Deputy Clerk
�/ir�r��r✓�zi�c✓:;� ���r✓by me on the day of , 2012, at o'clock
.na.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
W
12UC HEARING C1Tlf��q
d RiA�3 i`vG ours 86N®,IN
)T A:rPROVfb
FCRRED
.55ED
City of South en
common Council
1855 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1530 Fax (574) 235-9173
http:/Iwww.southbendia.gov
Derek D. Dicier
President
Oliver J, Davis October 15; 2012
Vice-President
The South Bend Common Council
Karen White 4"'Floor County-City Building
Chairperson, Committee
of the Whole South Bend, Indiana 46601
Tim Scott Re: Ordinance Adjusting Ambulance and Medical User Fees
First District
Dear Council Members:
Henry Davis, Jr.
Second District On September 4, 2012, South Bend Fire Chief Stephen F. Cox filed a report which
Valerie Schey details information on ambulance and medical service runs for the 2012 calendar
Third District year. This annual report has been a requirement since 1981, when Ordinance No.
6897-81 was passed by the Common Council and subsequently codified into the
Fred Ferlic South Bend Municipal Code as Article 3 in Chapter 9.
Fourth District
In that Report, Fire Chief Cox highlighted that:
David Varner
Fifth District e From January 1, 2012 to August 20, 2012, the four (4) city ambulances
Oliver J. Davis responded to 8,807 calls for services as detailed below:
Sixth District
--► Medic 1 had 1,727 calls for service during this period of time
Derek D. Dieter Medic 2 had 2,619 calls for service during this period of time
At Large --> Medic 3 had 2,285 calls for service during this period of time
--�
Gavin Ferlic Medic 4 had 2,176 calls for service during this period of time
At Large * 227 BLS non-emergency runs for city residents & 13 such runs for non-city
Karen L. White residents
At Large • 1,160 BLS emergency runs for city residents & 138 such runs for non-city
residents
a 51 ALS non-emergency runs for city residents & 3 such runs for non-city
residents
m 1,952 ALS-1 emergency runs for city residents & 227 such runs for non-city
residents
® 11 ALS-2 emergency runs for city residents & 1 such run for non-city residents
o $2,111,363.04 has been billed with $1,487,195.19 collected; and another
$61,490.84 in collection.
Cover Letter to Proposed Ordinance Adjusting Ambulance and Medical User Fees
October I5,20I2
Page 2
It is my understanding that the current ambulance/medical user fees being charged
by the City were established by a Council ordinance passed in 2008, which became
effective January 1, 2009. I am attaching a copy of Chief Cox's August 27, 2012
entire report for reference purposes. It provides a chart on page 3 of the current user
fees for residents and non-residents and the proposed user fees recommended for
residents and non-residents for comparison purposes.
If it any further understanding that the local fees are typically 150% of the allowable
reimbursement set by Medicare. Medicare usually adjusts fees on an annual basis.
The governing federal regulations are set forth in 42 Code of Federal Regulations, §
414.601 - § 414.625 Subpart H entitled "Fee Schedule for Ambulance Services". I
am attaching a copy of those regulations promulgated for Medicare & Medicaid
Services, along with a November 2011 brochure entitled "Ambulance Fee
Schedule"published by the Department of Health and Human Services, Centers for
Medicare 7 Medicaid Services, for additional background information.
Section 9-18 (b) of the South Bend Municipal Code calls for any proposed user fee
adjustments to be reviewed by the Council's Personnel and Finance Committee
and/or the Health and Public Safety Committee. Council Member White has agreed
to have the attached Bill heard in a joint committee meeting. The standard of review
as set forth in this same section is to determine what are "fair and equitable user
fees".
The annual report of the Fire Chief to the Common Council provides an opportunity
for the sharing of key information about BLS and ALS service runs and related
information. With this detailed information, the Common Council may then
carefully weigh the proposed fee adjustments in light of local economic concerns
and data, balanced with the costs for providing such ALS and BLS medical services
needed to properly cover personnel and medical supply expenses.
Additionally, the attached ordinance also provides an opportunity to discuss the
concept of quarterly transferring $ 62,500 from the EMS/Fire Department Capital
Fund#288 for a total of$250,000.00 annually.
I recommend that the attached proposed ordinance be referred to the Personnel and
Finance Committee and the Health and Public Safety Committee for a joint review,
with 2nd & 3rd readings and public hearing to be set for November 12d'. Any fee
adjustments would not take place until January 1, 2013. Thank you.
Sincerely, _
Fled In Clerk's Office
Dr. Fred Ferlic, Chairperson
Health and Public Safety Committee OCT 16 2101Z
Attachments
JOHN VOORDE
CITY CLERIC,SOUTH SEND,IN
122.2 S.MICHIGAN STREFT
SAU1'2I BEND,1NI7IAIYA 466ox-2.82x c
W � rK`�i, X�I3ONE 574/235-9255
� � $AX 574235-9305
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1865
CITY OF SouTi4 BEND BETE BumciEG,MAYOR
SOUTH BEND FIRE DEPARTMENT
STEPHEN F Cox
SIRE CHIEF
August 27,2012
Common Council
227 W. Jefferson Boulevard
1017),c4
455 County City Building
� Fk`',``
South Bend, IN 46601
Council Members,
As stated in City Ordinance No. 9887-08, regarding the City of South Bend Fire
Department's Ambulance/Medical User Fees,per Section 9-18,Annual Review of User Fees
by the Common Council,the South Bend Fire Department has prepared the following report
to be filed with the office of the City Clerk on or before September 1, 2012.
Included herein please find a summary of 2012 ambulance/medical service runs as of August
24, 2012 by number and type of each run, amount billed, amount collected, amount in
collection, number of lawsuits filed,and recommendations with regard to fee amounts.
From January 1,2012 to August 20, 2012, the four city ambulance units responded to 8807
calls for service. This includes transports to the hospital, fires, refusals of treatment,etc.
The following chart list calls per ambulance:
Total calls per unit
Medic 1 1727
Medic 2 2619
Medic 3 2285
Medic 4 2176
$807 EFU ]j)
CITY
EAK 014 BEND,jN
]AMES LOPFZ To•DD L. SKWARCAN ANDREwr.MYF.R FEDERIco ROD14GUVZJR
AssT.CHIEF OPERATIONS AssIST. CHIFF SERVICES ASST.CHIEF EMS FIRE MARSHAI.
The following chart includes all billable calls made by Department ambulances and total
billable mileages:
Type of Run #of Runs Mileage #of Runs
Non-.
Resident Resident
1 Basic Life Su rt BLS Non Emergency) 227 13
2 Basic Life Support LIKS Emergenqyl 138
P4Advanced vanced Life Support ALS Non Emergency) 51: 3
Life Su rt ALS-1 Eme enc 1952``' 227 vanced Life Su rt ALS-2 Eme enc n Transport ALS Medical Call 1 37. 0
Totals3$ 362
BLS Mileage
1t]°
ALS Mileage
Total Milea a 21031.6
As of August 20, 2012 the following amounts have been billed:
Amount billed $2,111,383.04
Amount collected $1,487,195.19
Amount in collections (CBM Account Services $54,177.09
Amount in collections(City Legal Dept.) $7,313.75
Number of Lawsuits filed 0
2012 Ambulance Laser Fee Recommendation
South Bend Ordinance No. 9$77-0$requires the Fire Department to issue an annual
recommendation in regard to ambulance user fees. The current fees set by this ordinance
were calculated from the 2012 Medicare Fee Schedule. The fees are 150%of the allowable
reimbursement set by Medicare. The current fees have been in place since January 1,2009.
Medicare typically adjusts its fee schedule annually. Most often,this will result in an
increase in reimbursable amounts. Since the rate increase that took effect in 2009, there have
been modest increases in the allowable reimbursement by Medicare.
2
Due to increases in costs for medical supplies and fluctuations in the costs for fuel, I am
recommending increasing our fees as follows:
Pro osed Ambulance user Fees 2012 2012 2013 2013
Resident Non-Res Resident No Res
Current Current Pro sed Pro osed
1 Basic Life Support BLS Non Eme enc $281.05 $374.74
$310.46 $414.17
2 BLS Life Su >:t BLS Emergency) $449.69 $599.58 $496.73 $662.67
3 Advanced Life Support ALS Non Emergency)_ $337.26 $449.68 $372.54 $497.00
4 Advanced Life.Support(ALS-1 Emergency) $534.00 $713.00 $589.86 $786.92
5 Advanced Life Su port ALS-2 Emergency) $772.91 $1,030.54 $853.74 $1,138.96
(6) Mileage, Basic(With in city limits, per patient
miles min 1 mile) $9.63 $9.63 $10.55 $10.55
(7) Mileage,Rural (Per patient miles, minimum
lmile $12.84 $12.84 $15.97 $15.97
8 Non Trmansp2 rt ALS Medical Call $100.00 $150.00 $150.00 $200.00
It is my further recommendation,as Medicare typically adjusts its fees on an annual basis and
South Bend has shown great restraint in maintaining fees at consistently moderate levels,and
allowing the fact that such deference to our citizens could be maintained while granting the
ability to make reasonable and necessary changes to the fee schedule on an annual basis, that
Ordinance No. 9887-08 be amended to include language similar to the following:
In the event changes in Medicare or other federal or state health care
regulations require or allow an adjustment to current charges set forth
herein,the Fire Chief is authorized to adjust the same once per year; Such
adjustments to take effect on the calendar date immediately following the
date on which written notice of said adjustment is filed with the office of
the City Clerk.
A mechanism such as this will maintain this Council's oversight authority,Ensure South
Bend's ambulance user fees are commensurate with those allowed by the Medicare
Ambulance Fee Schedule for Indiana, and provide the ability to keep our rates in line with
reasonable and customary charges of peer cities.
I would be happy to discuss any items in this report,and the pursuit of the language changes
outlined above.
Sincerely,
JStepen NF. Cox
Fire Chief
3
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare&Medicaid Services
Mi ed!
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Official CMS Information for
Medicare Fee-For-Service Providers
Ambulance Fee Schedule
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The Ambulance FS applies to the following providers
and suppliers:
Volunteer;
•;• Municipal;
•S Private;
.• Independent; and
Fin ❖ Institutional (i.e., hospitals, Critical Access
Hospitals[CAH]with the exception of CAHs that
AL his publication provides the following are the only ambulance service within 35 miles,
information about the Ambulance Fee Schedule(FS): and Skilled Nursing Facilities).
❖ Background;
❖ Ambulance providers and suppliers;
z
•:{ Ambulance services payments;
Payment for ambulance services under the Ambulance FS:*:• How payment rates are set; and
•'+ Includes a base rate payment(level of service
❖ Resources. • provided) plus a separate payment for mileage to
the nearest appropriate facility;
MEMNON= •3 Covers both the transport of the beneficiary
to the nearest appropriate facility and all
medically necessary covered items and services
Section 4631(b)(2) of the Balanced Budget Act of (e.g., oxygen, drugs, extra attendants, and
1997 added Section 1834(1) to the Social Security Act electrocardiogram testing)associated with the
(the Act), which mandated the implementation of a transport; and
national Ambulance FS effective for Medicare Part B
ambulance services claims with dates of service on or •:• Precludes a separate payment for items and
after April 1, 2002. The Ambulance FS applies to all services furnished under the ambulance benefit.
ambulance services. Section 1834(1)of the Act also
required mandatory assignment for all ambulance
services,which means that you, as the provider or
supplier, will be paid the Medicare allowed amount as
payment in full for these services. In addition, you may
bill or collect only any unmet Part B deductible and
coinsurance amounts from the beneficiary.
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Ambulance fee Schedule
7777777777.. 9
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Effective January 1,2006,the Ambulance FS was
fully implemented. Each year, an update is applied to
the payment limits for ambulance services that is
equal to the percentage increase'in the Consumer
Price Index for All Urban Consumers(CPI-U)for the
12-month period ending with June of the previous year.
Under the Affordable Care Act, Section 1834(1)(3)(B)
of the Act was amended to apply a productivity
adjustment to the update equal to the 10-year moving
average of changes in economy wide private nonfarm
business multi-factor productivity (MFP) beginning
on January 1, 2011. The resulting update percentage
is called the Ambulance Inflation Factor(AIF)_ For
calendar year(CY)2012, the MFP is 1.2 percent and
the CPI-U is 3.6 percent. Under the Affordable Care ELM
Act, the CPI-U is reduced by the MFP, even if the
reduction results in a negative AIF 'therefore, the AIF
for CY 2012 is 2.4 percent. Air Ambulance Services
Ground Ambulance Services As of January 1, 2006, the total payment amount for
air ambulance providers and suppliers is based on
100 percent of the national Ambulance FS. Payments
Effective January 1, 2008, the total payment amount for air ambulance services under the Ambulance FS
for ground ambulance providers and suppliers is
based on 100 percent of the national Ambulance FS. include the following elements:
Payments for ground ambulance services under the •:• A nationally uniform base rate for fixed wing and a
Ambulance FS include the following elements: nationally uniform base rate for rotary wing;
•:• A nationally uniform base rate or conversion factor •:• A GAF for each Ambulance FS locality area (GPCI);
for all ground ambulance services; .;. A nationally uniform loaded mileage rate for each
•:• A numeric value for ambulance services relative to type of air service; and
the value of a base level ambulance service called A rural adjustment to the base rate and mileage
a relative value unit is assigned to each type of g
ground ambulance service; for services furnished for a rural POP.
•:• A geographic adjustment factor(GAF)for each
Ambulance FS locality area (geographic practice
cost index[GPCIj);
❖ A nationally uniform loaded mileage rate; ,
❖ An additional amount for certain mileage for a
rural point-of-pickup (POP); and
•:+ Additional payments for certain specified
temporary periods.
Ambulance Fee Schedule
5
This fact sheet was current at the time it was published
or uploaded onto the web. Medicare policy changes
frequently so links to the source documents have been
provided within the document for your reference.
This fact sheet was prepared as a service to the
public and is not intended to grant rights or impose
obligations. This fact sheet may contain references or
links to statutes, regulations, or other policy materials.
The information provided is only intended to be a
general summary. It is not intended to take the place
of either the written law or regulations. We encourage
readers to review the specific statutes, regulations,
and other interpretive materials for a full and accurate
statement of their contents,
u Your feedback is important to us and we use your
suggestions to help us improve our educational
products, services and activities and to develop
products, services and activities that better meet your
educational needs. To evaluate Medicare Learning
For more information about ambulance services and Network'(MLN) products, services and activities you
the Ambulance FS, visit htt :/Avww.cros. ov/center/ have participated in, received, or downloaded, please
ambulance.asp and hft :l/www.crr s, ov/Ambulance go to hftp://www.cm, and click on
FeeSchedule on the Centers for Medicare & Medicaid the link tailed 'MLN Opinion Page'in the left-hand
Services (CMS) website and refer to Chapter 10 of the menu and follow the instructions.
"Medicare Benefit Policy Manual"(Publication 100-02) please send your suggestions related to MLN product
and Chapter 15 of the"Medicare Claims Processing topics or formats to MLN@cros.hhs.gov,
Manual" (Publication 100-04) located at http://www. --
cros.govlManualsllOMllist.asp on the CMS website. ^�41i! I°
To find Medicare information for beneficiaries (e.g.
Medicare basics, managing health, and resources), �� ` x �
visit htte://www.medicare-gov on the CMS website.
ti
Med1 _ -�
Le r
[let
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G9Y1L7iifr/�Al0A1E6MY�lY.tO�i611'JQY A l�'tid�n Wcial CMS RiformaUan for
Medicare Fee-For-Sarvlce Pravldete
The Medicare Learning Networks(MLN),a registered trademark of CMS,is the brand name for official CMS educational
products and information for Medicare Fee-For-Service Providers.For additional information,visit the MLN's web page
at http:IlWm.cros.gov/MLNGeninfo on the CMS website.
Ambulance Fee Schedule
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Centers for Medicare& Medicaid Services, HMS §414,605
(A) The test is ordered by the pa- Subpart y—Fee Schedule for
tient's physician at least 14 days fol-
lowing the date of the patient's dis-
charge from the hospital; SOURCE`: 67 FR 9132, Feb. 27, 2002, unless
(B) The specimen was collected while otherwise noted,
the patient was undergoing a hospital
surgical procedure; §414.601 Purpose,
(C) It would be medically inappro- This subpart implements section
prfate to have collected the sample 1834(1) of the Act by establishing a fee
other than during the hospital proce- schedule for the payment of ambulance
dure for which the patient was admit- services. Section 1834(1) of the Act re-
ted; quires that, except for services fur-
(D) The results of the test do not nished by certain critical access hos-
guide treatment provided during the pitals (see §413.70(b)(5) of this chapter),
hospital stay;and Payment for all ambulance services,
(E) The test was reasonable and otherwise previously payable on a rea-
medically necessary for the treatment sonable charge basis or retrospective
of an illness, reasonable cost basis, be made under a
(ii)More than 30 calendar days before fee schedule.
testing, the specimen is considered to §414.606 Definitions,
have been archived and the date of As used in this subpart, the following
service of the test must be the date the definitions apply to both land and
specimen was obtained from storage. water (hereafter collectively referred
(3)In the case of a chemotherapy sen- to as "ground") ambulance services
sitivity test performed on live tissue, and to air ambulance services unless
the date of service of the test must be otherwise specified:
the date the test was performed only Advanced life support (ALS) assessment
if— is an assessment performed by an ALS
(i)The decision regarding the specific crew as part of an emergency response
chemotherapeutic agents to test is that was necessary because the pa-
made at least 14 days after discharge; tient's reported condition at the time
(ii)The specimen was collected while of dispatch was such that only an ALS
the patient was undergoing a hospital Crew was qualified to perform the as-
surgical procedure; sessment. An ALS assessment does not
(iii) It would be medically inappro- necessarily result in a determination
that the patient requires an ALS level
priate to have collected the sample of service.
other than during the hospital proce- Advanced life support (ALS) interven-
dure for which the patient was admit- tion means a procedure that is, in ac-
ted; cordance with State and local laws, re-
(iv) The results of the test do not quired to be furnished by ALS per-
guide treatment provided during the sonnel.
hospital stay; and, Advanced life support, level a (ALSI)
(v)The test was reasonable and medi- means transportation by ground ambu-
cally necessary for the treatment of an lance vehicle, medically necessary sup-
illness. plies and services and either an ALS
(4) For purposes of this section, assessment by ALS personnel or the
"chemotherapy sensitivity test" means provision of at least one ALS interven-
a test identified by the Secretary as a interven-
tion.
test that requires a fresh tissue sample Advanced life support, level 2 either r
to test the sensitivity of tumor cells to m
various chemotherapeutic agents. The eans either transportation by ground
round
ambulance vehicle, medically
admire
Secretary identifies such tests through supplies and services, and the
administration of at least three medi-
program instructions. cations by intravenous push/bolus or
[7I FR 69786, Dec. 1, 2006, as amended at 72 by continuous infusion, excluding crys-
FR 66402,Nov,27.20071 talloid, hypotonio, isotonic, and
hypertonic solutions(Dextrose, Normal
63
9414.405 42 CFR Ch. 1V(10-1-10 Editfan)
Saline, Ringer's Lactate); or transpor- ambulance entity begins as quickly as
tation, medically necessary supplies possible to take the steps necessary to
and services, and the provision of at respond to the call.
least one of the following ALS prate- Fixed wing air ambulance (FW) means
dures: transportation by a fixed wing aircraft
(1) Manual defibrillation/ that is certified as a fixed wing air am-
cardioversion. bulance and such services and supplies
(2)Endotracheal intubation. as may be medically necessary.
(3)Central venous line. Geographic adjustment factor (GAF)
(4)Cardiac pacing. means the practice expense (PE) por-
(5)Chest decompression. tion of the geographic practice cost
(6) Surgical airway. index (GPCI) from the physician fee
(7)Intraosseous line. schedule as applied to a percentage of
Advanced life support (ALS) personnel the base rate. For ground ambulance
means an individual trained to the services, the PE portion of the GPCI is
level of the emergency medical techni- applied to 70 percent of the base rate
cian-intermediate (EMT-Intermediate) for each level of service. For air ambu-
or paramedic. The EMT-Intermediate Iance services, the PE portion of the
is defined as an individual who is quali- GPCI is applied to 50 percent of the ap-
fied, in accordance with State and plicable base rate.
local laws, as an LMT-Basic and who is Loaded mileage means the number of
also qualified in accordance with State miles the Medicare beneficiary is
and local laws to perform essential ad- transported in the ambulance vehicle.
vanced techniques and to administer a Paramedic ALS intercept (PI) means
limited number of medications. The EMT-Paramedic services furnished by
EMT-Paramedic is defined as pos- an entity that does not furnish the
sessing the qualifications of the EMT- ground ambulance transport, provided
Intermediate and also, in accordance the services meet the requirements
with State and local laws, as having specified in¢410.40(c)of this chapter.
enhanced skills that include being able Point of pick-up means the location of
to administer additional interventions the beneficiary at the time he or she is
and medications. placed on board the ambulance.
Basic life support (BLS) means trans- Relative value units (RVUs) means a
partation by ground ambulance vehicle value assigned to a ground ambulance
and medically necessary supplies and service.
services, plus the provision of BLS am- Rotary wing air ambulance (RW)
bulance services. The ambulance must means transportation by a helicopter
be staffed by an individual who is that is certified as an ambulance and
qualified in accordance with State and such services and supplies as may be
local laws as an emergency medical medically necessary.
tecbnician-basic (EMT-Basic), These Rural adjustment factor (RAF) means
laws may vary from State to State, an adjustment applied to the base pay-
For example, only in some States is an ment rate when the point of pick-up is
EMT-Basic permitted to operate hm- located in a rural area.
iced equipment on board the vehicle, Rural area means an area located out-
assist more qualified personnel in per- side an urban area, or a rural census
forming assessments and interventions, tract within a Metropolitan Statistical
and establish a peripheral intravenous Area as determined under the most re-
(IV)line. cent version of the Goldsmith modi-
Conversion factor (CF) is the dollar fication as determined by the Office of
amount established by CMS that is Rural Health Policy of the health Re-
multiplied by relative value units to sources and Services Administration.
produce ground ambulance service base Specialty care transport (SCT) means
rates. interfacility transportation of a criti-
Emergency response means responding tally injured or ill beneficiary by a
immediately at the BLS or ALS1 level ground ambulance vehicle, including
Of service to a 911 call or the equivalent medically necessary supplies and serv-
in areas without a 911 call system. An ices, at a level of service beyond the
immediate response is one in which the scope of the EMT-Paramedic. SCT is
64
Centers for Medicare&Medicaid Services, HHS §414.610
necessary when a beneficiary's condi- July 1, 2004 through December 31, 2006,
tion requires ongoing care that must ambulance services originating in
be furnished by one or more health pro- urban areas (both base rate and mile-
fessionals in an appropriate specialty age) are paid based on a rate that is
area, for example, nursing, emergency one percent higher than otherwise is
medicine, respiratory care, cardio- applicable under this section, and am-
vascular care, or a paramedic with ad- bulance services originating in rural
ditional training, areas (both base rate and mileage) are
Urban area means a Metropolitan paid based on a rate that is two percent
Statistical Area, as defined by the Ex- higher than otherwise is applicable
ecutive Office of Management and under this section. For services fr-
Budget. nished during he
g period July 1, 2008
[67 FR 9132, Feb. 27, 2002, as amended at 68 through December 31, 2009, ambulance
FR 67693, Dec, 5, 2403; 71 FR 69787, Dec. 1, services originating in urban areas
20061 (both base rate and mileage) are paid
§414.510 Basis of payment. based on a rate that is 2 percent higher
Method of payment. Medicare pay- than otherwise is applicable under this
(a}
m(4) far ambulance services is based section, and ambulance services origi-
on the lesser of the actual charge nating in rural areas (both base rate
the applicable fee schedule amount. and mileage) are paid based on a rate
The fee schedule payment for amount. that is three percent higher than oth-
lance services equals a base rate for the erwise is applicable under this section.
level of service plus payment for mile- (ii)The service-level base rate is then
age and applicable adjustment factors. adjusted by the GAF, Compare this
Except for services furnished by cer- amount to the actual charge. The less-
tain critical access hospitals or enti- er of the actual charge or the GAF ad-
ties owned and operated by them, as lusted base rate amount is added to the
described in §413.70(b) of this chapter, lesser of the actual mileage charges or
all ambulance services are paid under the payment rate per mile, multiplied
the fee schedule specified in this sub- by the number of miles that the bene-
part (regardless of the vehicle fur- fioiary was transported. When applica-
nishing the service). ble, the appropriate RAF is applied to
(b) Mandatory assignment. Effective the ground mileage rate to determine
With implementation of the ambulance the appropriate payment rates. The
fee schedule described in §414.601 (that RVU scale for the ambulance fee sched-
is, for services furnished on or after ule is as follows:
April 1, 2002), all payments made for _
ambulance services are made only on value uns
Service level
an assignment-related basis. Ambu- (Rvus)
lance suppliers must accept the Medi-
care allowed charge as payment in fall KS....................mereKS-Emergency . ............................................. 1.60
and may not bill or collect from the BLS-Emergency.................................................. 1.60
ALS1 .................................................................... 1.20
beneficiary any amount other than the ALS1-Emergency ............... 1190
unmet Part B deductible and Part B ALS2.................................................................... 2.75
coinsurance amounts. Violations of scr...................................................................... 3.25
this requirement may subject the pro- Rf ................. ......................................... 1.75
vider or supplier to sanctions, as pro-
vided by law (part 408 of this chapter). (2) Air ambulance service levels. The
(c)Formula for computation of payment base payment rate for the applicable
amounts. The fee schedule payment type of air ambulance service is ad-
amount for ambulance services is com- lusted by the GAF and, when applica-
puted according to the following provi- ble, by the appropriate RAF to deter-
sions: mine the amount of payment. Air am-
(1) Ground ambulance service levels. (i) bulance services have no OF or RVUs.
The CF is multiplied by the applicable This amount is compared to the actual
RVUs for each level of service to charge. The lesser of the charge or the
produce a service-level base rate. For adjusted GAF rate amount is added to
services furnished during the period the payment rate per mile, multiplied
65
§414.610 42 CFR Ch. IV(10-1_10 Edition)
by the number of miles that the bene- patient is transported simultaneously
ficiary was transported. When applica- is based on the total number of ga-
ble, the appropriate RAF is also ap- tients (both Medicare and non-Medi-
plied to the air mileage rate. care) on board. If two patients are
(3) Loaded mileage. Payment is based transported simultaneously, then the
on loaded miles. Payment for air mile- payment allowance for the beneficiary
age is based on loaded miles flown as (or for each of them if both patients
expressed in statute miles. There are are beneficiaries)is equal to 75 percent
three mileage payment rates: a rate for of the service payment allowance ap-
FW services, a rate for RW services, plicable for the level of care furnished
and a rate for all levels of ground to the beneficiary, plus 50 percent of
transportation, the applicable mileage payment allow-
(4)Geographic adjustment factor(GAF). anee, If three or more patients are
For ground ambulance services, the PE transported simultaneously, the pay-
portion of the GPCI from the physician ment allowance for the beneficiary (or
fee schedule is applied to 70 percent of each of them) is equal to 60 percent of
the base rate for ground ambulance the service payment allowance applica-
services, For air ambulance services, ble for the level of care furnished to
the PE portion of the physician fee the beneficiary, plus the applicable
schedule GPCI is applied to 50 percent mileage payment allowance divided by
of the base rate for air ambulance serv- the number of patients on board.
ices.
(5) aural adjustment factor (RAF). (i) (7) Payment rate for mileage greater
For ground ambulance services where than 50 miles. For services furnished
the point of pickup is in a rural area, during the period July 1, 2004 through
the mileage rate is increased by 50 per' 31, each loaded arnbu-
cent for each of the first 17 miles and, lance mile greBateate r than 50 (that i miles 51 and greater) for ambulance
e
for services furnished before January 1, r
2004, by 25 percent for miles 18 through transports originating in either urban
50. The standard mileage rate applies areas or in rural areas are paid based
to every mile over 50 miles and, for o rate that is 25 percent higher than
services furnished after December 31, otherwise rwise is applicable under this sec-
2003, to every mile over 17 miles. For tion.
air ambulance services where the point (d) Payment. Payment, in accordance
of pickup is in a rural area, the total with this subpart, represents payment
payment is increased by 50 percent; in full (subject to applicable Medicare
that is, the rural adjustment factor ap- fart B deductible and coinsurance re-
plies to the sum of the base rate and quirements as described in subpart G of
the mileage rate. part 409 of this chapter or in subpart I
(ii) For services furnished during the of part 410 of this chapter) for all serv-
period July 1, 2004 through December ices, supplies, and other costs for an
31, 2009, the payment amount for the ambulance service furnished to a Medi-
ground ambulance base rate is in- care beneficiary. No direct payment
creased by 22.6 percent where the point will be made under this subpart if bill-
of pickup is in a rural area determined ing for the ambulance service is re-
to be in the lowest 25 percent of rural quired to be consolidated with billing
Population arrayed by population den- for another benefit for which payment
sity, The amount of this increase is may be made under this chapter.
based on CMS's estimate of the ratio of (e) Point of pick-up. The zip code of
the average cost per trip for the rural the point of pick-up must be reported
areas in the lowest quartile of popu- on each claim for ambulance services
lation compared to the average cost so that the correct GAF and RAF may
per trip for the rural areas in the high- be applied, as appropriate,
est quartile of population. In making (f) Updates. The CF, the air ambu-
this estimate, CMS may use data pro- lance base rates, and the mileage rates
vided by the GAO. are updated annually by an inflation
(6) Multiple patients. The allowable factor established by law.The inflation
amount per beneficiary for a single am- factor is based on the consumer price
bulance transport when more than one index for all urban consumers (CPI-II)
66
Centers for Medicare&Medicaid Services, HHS §414.615
(U.S. city average)for the 12-month pe- (b) 2003 Payment. For services fur-
riod ending with June of the previous nished in CY 2003, payment is based on
year. 60 percent of the reasonable charge or
(g) Adjustments. The Secretary mon- reasonable cost, as applicable, plus 40
itors payment and billing data on an percent of the ambulance fee schedule
ongoing basis and adjusts the CF and amount. The reasonable charge and
air ambulance rates as appropriate to reasonable cost portion in CY 2003 is
reflect actual practices under the fee equal to the supplier's reasonable
schedule. These rates are not adjusted charge or provider's reasonable cost for
solely because of changes in the total CY 2002,multiplied by the statutory in-
number of ambulance transports. flation factor for ambulance services.
(h) 7'reatment of certain areas for pay- (c) 2004 Payment. For services fur-
ment for air ambulance services. Any area nished in CY 2004, payment is based on
that was designated as a rural area for 40 percent of the reasonable charge or
purposes of making payments under reasonable cost, as applicable, plus 60
the ambulance fee schedule for air am- percent of the ambulance fee schedule
bulance services furnished on Decem- amount. The reasonable charge and
ber 31, 2006, must be treated as a rural reasonable cost portion in CY 2004 is
area for purposes of making payments equal to the supplier's reasonable
under the ambulance fee schedule for charge or provider's reasonable cost for
air ambulance services furnished dur- CY 2003, multiplied by the statutory fin-
ing the period July 1, 2006 through De- flation factor for ambulance services.
cember 31,2009. (d) 2005 Payment, For services fur-
nished in CY 2005, payment is based on
(67 FR 9132, Feb. 27, 2002, as amended at 68 20 percent of the reasonable charge or
FR 67693, Dec. 5, 2003; 69 FR 40292, 1uly I, reasonable cost, as applicable, plus 80
2004: 71 FR 69787, Dec, 1. 2006; 73 FR 699937, percent of the ambulance fee schedule
Nov.19,2008;74 FR 62012,Nov.25,2009) amount. The reasonable charge and
§414.615 Transition to the ambulance reasonable cost portion in CY 2005 is
fee schedule, equal to the supplier's reasonable
charge or provider's reasonable cost for
The fee schedule for ambulance serv- CY 2004, multiplied by the statutory in-
ices will be phased in over 5 years be- flation factor for ambulance services.
ginning April 1, 2002. Subject to the (e) 2005 and Beyond Payment. For
first sentence in §414.6I0(a), payment services furnished in CY 2006 and there-
for services furnished during the tran- after, the payment is based solely on
sition period is made based on a cam- the ambulance fee schedule amount.
bination of the fee schedule payment (f) Updates. The portion of the transi-
for ambulance services and the amount tion payment that is based on the ex-
the program would have paid absent isting payment methodology (that is,
the fee schedule for ambulance serv- the non-fee-schedule portion) is up-
ices, as follows: dated annually for inflation by a factor
(a) 2002 Payment. For services fur- equal to the percentage increase in the
nished in 2002, the payment for the CPI-U (U.S. city average) for the 12-
service component, the mileage compo- month period ending with June of the
nent and, if applicable, the supply com- previous year. The CY 2002 inflation
ponent is based on 80 percent of the update factor used to update the 2001
reasonable charge for independent sup- payment amounts is applied to the
pliers or on 80 percent of reasonable annualized (average) payment amounts
cost for providers, plus 20 percent of for CY 2001, For the period January 1,
the ambulance fee schedule amount for 2001 through June 30,2001,the inflation
the service and mileage components. update factor is 2.7 percent. For the pe-
The reasonable charge or reasonable riod July 1, 2001 through December 31,
cost portion of payment in CY 2002 is 2001, the inflation update factor is 4.7
equal to the supplier's reasonable percent. The average for the year is 3.7
charge allowance or provider's reason- percent. Thus, the annualized (average)
able cost allowance for CY 2001, multi- CY 2001 payment amounts used to de-
plied by the statutory inflation factor rive the CY 2002 payment amounts are
for ambulance services. equivalent to the CY 2001 payment
67
§414.617 42 CFR Ch. IV(10-1-10 Edition)
amounts that would have been deter- Time period Regional National
mined had the inflation update factor percent percent
for the entire CY 2001 been 3.7 percent. 7ltro4-12131/04................................. 60 20
Both portions of the transition pay- oY 2005 .............•............. .
.. ............. so as
ment(that is, the portion that is based cv2006 ..................................•.•..•••.• 40 60
on reasonable charge or reasonable CY 2001-CY 2o09 ............................ 20 6o
cost and the portion that is based on CY 2010 en ,d thereafter..................... 0 too
the ambulance fee schedule) are up-
dated annually for inflation by the in- [69 FR 40292,July 1,20041
flation factor described in§414.610(f). 414.620 Publication of the ambulance
(g) Exception. There will be no blend- fee schedule.
ed payment allowance as described in
paragraphs (a), (b), (c), and (d) of this Changes in payment rates resulting
section for ground mileage in those from incorporation of the annual infla-
States where the Medicare carrier paid tion factor described in §414.610(f) will
separately for all out-of-county ground be announced by CLAYS by instruction
ambulance mileage, but did not, before and on the CMS Web site. CMS will fol-
the implementation of the Medicare low applicable rulemaking procedures
ambulance fee schedule, make a sepa- in publishing revisions to the fee sched-
rate payment for any ground ambu- ule for ambulance services that result
lance mileage within the county in from any factors other than the infla-
which the beneficiary was transported. tion factor.
Payment for ground ambulance mile- [67 FR 9132, Feb. 27, 2002, as amended at 72
age in that State will be made based on FR 66402,Nov.27,20071
the full ambulance fee schedule
amount for ground mileage. This ex- §414.625 Limitation on review.
ception applies only to carrier-proc- There will be no administrative or ju-
essed claims and only in those States dicial review under section 1869 of the
in which the carrier paid separately for Act or otherwise of the amounts estab-
out-of-county ambulance mileage, but lisped under the fee schedule for ambu-
did not make separate payment for any lance services, including the following:
in-county mileage throughout the en- (a) Establishing mechanisms to con-
tire State, trol increases in expenditures for am-
#414.617 Transition from regional to bulance services.
national ambulance fee schedule. (b)Establishing definitions for ambu-
lance services that link payments to
For services furnished during the pe- the type of services provided.
riod July 1, 2004 through December 31, (c) Considering appropriate regional
2009, the amount for the ground ambu- and operational differences.
lance base rate is subject to a floor (d) Considering adjustments to pay-
amount determined by establishing ment rates to account for inflation and
nine fee schedules based on each of the other relevant factors.
nine census divisions using the same (e) Phasing in the application of the
methodology as used to establish the
national fee schedule. If the regional payment rates under the fee schedule
fee schedule methodology for a given in an efficient and fair manner.
census division results in an amount SUbpaft --I'Cyrnent far Drugs and
that is less than or equal to the na-
tional ground base rate, then it is not Biologicals
used, and the national FS amount ap-
plies. If the regional fee schedule meth- Souxcs:69 FR 1116,Jan,7,2004,unless oth-
odology for a given census division re- erwise noted.
sults in an amount that is greater than #414.701 Purpose.
the national ground base rate, then the
F'S portion of the base rate for that This subpart implements section
census division is equal to a blend of 1842(o) of the Social Security Act by
the national rate and the regional rate specifying the methodology for deter-
in accordance with the following sched- mining the payment allowance limit
ule: for drugs and biologicals covered under
68
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1038 Notre Dame Avenue
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
DAVID W. & MARY B. MURPHY
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially Distressed
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 1038
Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows:
That part of the Northwest Quarter Section 1, Township 37 North, Range 3 East, Portage
Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot "A" as
shown on the plat of "Boyd-Snee's Subdivision, First Replat" recorded June 13`x', 2012 in the
office of the St. Joseph County, Indiana Recorder as Instrument No, 1217686.
and this property has Tax Key Number 18-5105-3702.02, be designated as a Residentially
Distressed. Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend
Municipal Code Sections 2-76 et seq., 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 a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION L The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6-1.1-12.1 et sea., for tax abatement.
SECTION 11. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance No. 9394-03, which was passed on
February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only one (1)
or two (2) family dwellings designed for up to four(4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as documented
by census information, local building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent(10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable standards
for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of this
nature;
C. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment; and
D. 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.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five(5) calendar years from the date of the adoption of this Resolution by the
Common Council.
2
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating
the area described herein as a Residentially Distressed Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to five (5) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION V. 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 complies with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6-1.1-12.1 et sea.
SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
f .-C J Q .
Member of the Common Counc
Filed In dlerk'e I
NOT APPP.OVIO zul�j
iC C3PT Q, ' CI'6�G JAN OORI 10 IN
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
3300 N. Kenmore
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)
YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
EW Marine, Inc. DBA Indiana Rotomolding, Inc.
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 commonly known as 3300 N. Kenmore, South Bend, Indiana, and which is more
particularly described as follows:
51855 Ac Tract E of Kenmore
NE 14 NE 14 Sec 28-38-2e
and which has Key Number 025-1010-038518, be designated as an Economic Revitalization
Area under the provisions of Indiana. Code § 6-1.1-12.1 et 5M., and South Bend Municipal Code
Sections 2-76 et sea., 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 sect., 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 Personal
Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet
the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement.
SECTION II..The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to result
from the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code § 6-1.1-12.1-3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Personal 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 personal 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 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.
f?xiv 604 t:
Member of the Common Coun 'il
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SOUTH BEND,INDIANA 46601-1830
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CITY O1'SOUTH BFND PETE BuTT1GIEG, MAYOR
COMMUNI'T'Y cONOMIC DEVELOPMENT
October 31, 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 Personal Property Tax Abatement Petition for:
EW Marine, Inc 1DBA Indiana Rotomolding,Inc.
Dear Council Member Davis:
Attached please find the Department of Community & Economic Development's report on a
personal property tax abatement petition from the above petitioner, for the purchase of equipment
located at 3300 N. Kenmore.Also attached is a copy of the petition, Statement of Benefits form,and
supporting information.
The report contains the Department's findings relative to this petition. The petitioner, EW Marine,
Inc. DBA Indiana Rotomolding, Inc. proposes to purchase equipment which will cost $1,000,000.
The Petitioner is seeking a five year personal property tax abatement for the equipment. A
representative of the petitioner will be available to meet with the Committee on Monday,November
12, 2012.
Should you or any Council member have questions concerning the report,please contact me at 235-
5836.
Sincerely,
David Relos
Economic Development Specialist
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Don Inks
CommuNiTY DEVELOPMENT ECONOMIC DFva.opmFNT
PAMELA C. MFYEY, DpFJkLD E.INKS
574/235-9660 5741235-9371
FF.x: 574/235-9469
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: DAVID RELOS '
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
EW MARINE, INC. DBA INDIANA ROTOMOLDING, INC.
DATE: October 31, 2012
On October 29, 2012, a petition for personal property tax abatement consideration for property
located at 3300 N. Kenmore was filed with the City Clerk by EW Marine, Inc. DBA Indiana
Rotomolding,Inc. 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,to determine whether the area
qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1, and that 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
EW Marine, Inc. DBA Indiana Rotomolding, Inc. is a custom plastic processor utilizing the
rotational molding process to manufacture yellow crash barrels for highway safety,along with a wide
variety of other small and large hollow products which are shipped up to 800 miles away. EW
Marine, Inc. DBA Indiana Rotomolding intends to purchase equipment in the amount of$1,000,000
to complement current equipment in order to support client demands and higher volume.
Being located at 3300 N. Kenmore, EW Marine, Inc. DBA Indiana Rotomolding is in German
Township. Using German Township's tax rate, during a five (5) year abatement period, total taxes
being abated are estimated at $15;039. Total taxes being paid are estimated at $168,072.
South Bend Common Council
RE: PP Tax Abatement for EW Marine, Inc. DBA Indiana Rotomolding, Inc..
October 31, 2012
Page 2
EMPLOYMENT IMPACT
Per the petition,it is estimated that the total project will create at least twenty(20)new,permanent,
full-time jobs in the first year of production representing a new annual payroll of at least$900,000.
The project will maintain seventy(70)existing,permanent,hall-time jobs with a total annual payroll
of$2,500,000.
ABATEMENT QUALIFICA'T'ION
1. A review of tax abatements previously granted finds that the petitioner has been granted or
been associated with two previous tax abatements:
Type Resolution Number Date
4 year real property abatement 3678-07 January 08, 2007
3 year real property abatement 4206-12 October 08, 2012
2. The Building Commissioner has reviewed the petition and finds the property to be properly
zoned for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property is
located in the Airport Economic Development Area, which is a Tax Incremental Allocation
Area.
4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the
qualifications for a (5) five-year personal property tax abatement under section 2-84.2,
Tangible Personal Property Tax Abatement.
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October 25,2012
City Clerk's Office
County City Building Room 455
227 W. Jefferson Blvd.
South Bend, IN 46601
To Whom It May Concern:
This request ties into the three-year Real Property Tax Abatement approved on
October 8, 2012. This Personal Property Tax Abatement could not be filed with the Real
Property Tax Abatement request in August as we had not determined our equipment
needs at that time and did not want to delay the building addition. The jobs created by
this project are the same as those presented for the Real Estate Tax Abatement—they are
not an additional 20 jobs. The real estate addition and personal property additions are
both required to create the 20 new positions.
Therefore, I have enclosed a form SB-1/PP as well as a Petition For Tangible
Personal Property Tax Abatement Consideration. If you have any questions,please
contact me at 574-232-8066 (106) or 1ack.welter@iri-roto.com.
Thanks in advance for your consideration.
Sincerely,
KHART PLASTICS
ICE in aerw �.� � �
Jac E. Wel
President & OCT 29ni4 JEW/j!g
Encl. JOHN 11 ,; .,"Y Rp��A�`►�.. t sz ,��.'
e$ • • �' • e• i � ® ire• a • • •
CITY OF SOUTH BEND PETITION FOR TANGIBLE
PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION
The undersigned owner(s) of new manufacturing equipment, new research and
development equipment, new logistical distribution equipment and/or new information
technology equipment, all personal property, located within the City of South Bend,
hereby petition the Common Council of the City of South Bend for personal property
(new manufacturing equipment, new research and development equipment, new
logistical distribution equipment and/or new information technology equipment) tax
abatement consideration and pursuant to I.C., 6-1.1-12.1, et_ seg., and South Bend
Municipal Code Section 2-84.2, et for this petition state the following:
1. Describe the proposed project, including information about the new personal
property identified as manufacturing, research and development, logistical
distribution and/or information technology equipment ("Equipment") to be installed,
the amount of land to be used, if any, the proposed use of the Equipment, and a
general statement as to the importance of the project to your business.
Additional Rotational. Molding Equipment needed to produce parts for a
new customer. A 25, 000 square foot building expansion is underway to
house new equipment. This project is critical to our long-term success.
2. The project will (a) create 20 permanent, full-time and 0 permanent, part-
time jobs within the first year, representing a new annual payroll of$ 900,000
and (b) maintain 70 existing, permanent, full-time and 0 existing,
permanent, part-time jobs representing an annual payroll of$ 2,500,000 for
existing employees.
3. Provide current wage information for existing employees including; base rate, cost-
of-living allowances, hazardous-duty pay, incentive pay including commissions and
production bonuses, on-call pay and tips (please show average hourly rate or
range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay,
shift differentials, non-production bonuses, and tuition reimbursements.
Full-Time Part-Time
Laborers $ 11 -$16 hr $ n/a
Technical $ 15-$18 hr $ n/a
Managerial $ $45k-$70k $ n/a
Administrative $ 40k $ n/a
(Rev. 5113111) 1
4. The projected annual salary for each new position indicated. in item 2 above is
estimated to be as follows (Please attach a separate sheet if more space is
needed):
POSITION (Indicate Full time (FT] or Part time [PT]) EMPLOYMENT WAGE
15 FT Production Labor zM700 avg
5 FT Quality/Admin/Supervisory $60,000 avg
5. Estimate the total cost of the new Equipment: $ 1,000,000
6. (a) The Equipment is owned or to be owned by the following individual(s) 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 (%)
Elkhart Plastics, Inc 3300 N. Kenmore 100%
South Bend, IN 46628
(b) The following other person(s) or corporation(s) lease, intend to lease, or have
an option to buy the Equipment (include corporate information as . required in
(6)(a) above, if applicable):
NAME NIA ADDRESS INTEREST (%)
7. Give a brief description of the overall nature of the business and of the operations
occurring at the location for which tax abatement is requested:
Custom plastics processor using the rotational molding process. Products manufactured include
highway saftey products products like yellow barrels, drill bit cases for oil and gas exploration as
well as a wide variety of other small and large hollow products for a variety of industries.
8. The commonly known address of the REAL property where the Equipment is to be
located is: 3300 N Kenmore St, South Bend, IN 46628
9. The Key Number(s) of said property is: 025-1010-038518
10. A legal description of the REAL property where the Equipment is to be located is
attached hereto, marked "Exhibit A," and incorporated herein.
11. A map and/or plat describing the REAL property where the Equipment is to be
located is attached hereto, marked "Exhibit B," and incorporated herein.
(Rev. 5/1 3111) 2
12. Photographs of the REAL_ property, taken within two (2) weeks of filing of this
petition are attached hereto, marked "Exhibit C," and incorporated herein.
13. The current assessed valuation of the tangible personal property to be replaced by
the new Equipment is $ N/A
(This information may be obtained at the St. Joseph County Assessor's office, 235-
9523)
14. The current use of the REAL property where the Equipment is to be installed is
Industrial and the current zoning is Li
(This information may be obtained from the Building Department, 235-9553)
15. 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 REAL PROPERTY TAXES PERSONAL PROPERTY TAXES
2008 $59,406.77 $17,634.47
2009 $57,633.39 $17,081.35
2010 $51,373.06 $14,346.62
2011 52,713.36 $12,479.55
2012 $52,126.60 $14,918.46
(This information may be obtained from the St. Joseph County Treasurer's office,
235-9531)
16. Describe the commitment made within the past five years by your firm to hiring
minority individuals, including number of minorities employed during each of the
past five years, specifying whether full-time or part-time and whether permanent or
temporary employees. The Petitioner shall also list the current number of total
employees (full and part-time) and the current number of minority individuals (full
and part-time).
See commitment statement on number 20 on following page. Due to our size, we have not
filed an EEZ31 Form and therefore do not ave adequate is orica a a on minors employees.
17. Describe on-site child care or day care facilities, services or benefits currently
offered or proposed to be offered by the Petitioner for children of employees.
None
18. What is your best estimate of the market value of the new Equipment after
installation? $ 1,000,000
19. What is your best estimate of the amount of taxes to be abated during each of the
five years after installation? $ 16,666 Total
(Rev. 5113111) 3
20. What is the commitment your firm will make to minority employment during the five
years of tax abatement?
We are committed to providing equal opportunity, without regard to race, color, religion, sex,
sexual orientation, national origin, ci izens ip status, age, aisa5iiity, or any ofner reason
Prohibited byaw, o a qua r ie applicants in all ot our employment pra ices, including Of no
Fimf a o:Mring, p acemen, promotion, transter or clemotion. I his 9tatement is listed in our
Employment an oo .
21. The Equipment has not been installed as of the date of filing of this petition.
(The signature at the end of this Petition is verification of this statement)
22. Has your business been granted previous tax abatement(s)? If yes, please
provide type (real and/or personal property), term and date of approval. (Please
attach a separate sheet if more space is needed)
ABATEMENT TYPE TERM DATE OF APPROVAL
Real Property 4 Years January 8, 2007
Real Property 3 Years October 8, 2012
23. The Standard Industrial Classification (SIC) or North American Industry
Classification Systems (NAICS) major group within which the proposed project
would be classified, by number and description is:
NAICS -326
24. The Internal Revenue Service Code of Principal Business Activity by which the
proposed project would be classified, by number and description is:
326100
25. The REAL property where the Equipment will be installed is located in the following
Allocation Area, if any, declared and confirmed by the South Bend Redevelopment
Commission: Airport Economic Development Area
26. Other anticipated public financing for the project including, if any, industrial
revenue-bonding to be sought or already authorized, assistance through the United
States Department of Housing and Urban Development funds from the City of
South Bend, Small Business 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.
NIA
(Rev. 5113/11) 4
27. Describe how and why the manufacturing equipment, research and development
equipment, logistical distribution equipment and/or information technology
equipment to be replaced or the facility in which the Equipment will be added is
currently technologically, economically or energy obsolete and how and why that
obsolescence may lead to a decline in employment and tax revenues:
We are adding equipment to meet increased customer demand, which will increase
employment and tax revenues.
28. The new manufacturing equipment, new research and development equipment,
new logistical distribution equipment and/or new information technology equipment
to be installed will be used for one (1) or more of the uses listed within the
definitions of New Manufacturing Equipment, New Research and Development
Equipment, New Logistical Distribution Equipment and New Information
Technology Equipment set forth in I.C. 6-1.1-12.1 et and the Equipment was
never before used by its owner for any purpose in Indiana. (The signature at the
end of this Petition is verification of this statement.)
29. The following person(s) should be contacted as Petitioner's agent regarding
additional information and public hearing notifications:
Name: Jack Welter
Address: 3300 N Kenmore St
City, State, Zip Code South Bend, IN 46628
Telephone- 574-232-8066
E-mail Address: jack.welter @iri-roto.com
WHEREFORE, Petitioner requests that the Common Council of the City of South Bend,
Indiana, adopt a declaratory resolution designating the area described herein to be an
economic revitalization area for purposes of tangible personal property tax abatement
consideration, and after publication of notice and public hearing, determine
qualifications for an economic revitalization area have been met, and confirm such
resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover
processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of
the City of Sou end has been paid in full.
Filed In ler icy
Name of Property Owner(s):
EW Marine
r 66480 High Meadow Ct, Edwardsburg, IN 49112
By
�f o, (Signed Name)
cffy
Jack Welter, Vice President
(Typed or printed name and capacity of signor if signed by
an agent or representative of the owner)
(Rev. 5/13/11) 5
1
fi
EX IT A-LEGAL DESCRIPTION
a A tract of land in part of Township 38 North, Range 2 County, Indiana, described the
. Northeast Quarter of Section 28,East,City of South Bend, St. Joseph as follows:
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o
COMMENCING at the Northeast comer of Section 28; thence South 89"
¢
48' 05" West, 966.00 feet along the North tine of said Section 28; thence
South 004 00' 23" West 40.00 feet to the South boundary of Cleveland
Road; thence South 891) 48' 05" West, 289.00 feet along said South
boundary; thence South 440 54' 14" West, 14.17 feet t6 the East boundary
of Kenmore Street; thence South 000 00' 23" West, 146.76 feet along said
East boundary; thence along said East boundary, Southeasterly 294.37 feet
along an are to the left, having a radius of 1869.86 feet, subtended by a
long chord, having a bearing of South 04° 30' 13" East, and a length of
294,07 feet to the point of beginning of this description; thence North 89"
48' 05" East 581.88 feet; thence South 00" 00' 23" West, 472.86 feet;
thence South 89" 58' 56" West, 448.99 feet to said East boundary of
Kenmore Street; thence North 091 59' 37" West, 445.88 feet along said
East boundary; thence Northwesmt-ly 31.98 feet along an arc to the right,
having a radius of 1869.86 feet and subtended by a long chord, having a
bearing of North 09° 30'15" West, and a length of 31.98 feet to the place
of beginning.
Subject to legal highways.
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STATEMENT OF BENEFITS FORM SB-1 1 PP
a PERSONAL PROPERTY
+� State Form 51764(R/1.06)
Prescribed by the Department of Local Government Finance PRIVACY NOTICE
The cost and any specific individual's
salary information is confidential;the
balance of the filing is public record
INSTRUCTIONS: per IC 6-1.1-12.1-5.1(c)and(d).
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 a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution
equipment and/or information technology equipment for which the person wishes to claim a deduction. 'Projects'planned or committed to after July 1, 1967,
and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (1C 6-1.1-12.1)
2. Approval of the designating body(City Council, Town Board, County Council,etc.) must be obtained prior to installation of the new manufacturing equipment
and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment,BEFORE a deduction may
be approved
3. To obtain a deduction, a person must rile a certified deduction schedule with the person's personal property return on a certified deduction schedule(Form
103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May 15 of the
assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or
information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must
file the form between March 1 and the extended due date of that year.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1/PP annually to show compliance with the
Statement of Benefits. (IC 6-1.1-12.1-5.6)
5. The schedules established under!C 6-1.1-12.1-4.5(d)and(e)apply to equipment installed after March 1,2001. For equipment installed prior to March 2,
2001,the schedules and statutes in effect at the time shall continue to apply, IC 6-1.1-1 -
s �
Name of taxpayer
EW Marine
Address of taxpayer(number and street,city,state,and ZIP code) i
66480 High Meadow Ct, Edwardsburg, M149112 LQT g z o lz
Name of contact person .,- Y T elephone number
Jack Welter 4w7�cI `�g4o"q,.
r
Name of designating body Resolution number(s)
Elkhart Plastics, Inc
Location of property Couniy DLGF taxing Mstricl number
3300 N. Kenmore St, South Bend, IN 46628
Description of manufacturing equipment and/or research and development equipment ESTIMATED
and/or logistical distribution equipment and/or information technology equipment.
(use additional sheets if necessary) START DATE COMPLETION DATE
Rotational Molding Equipment, CNC trimming machine, test Manufacturing Equipment 1/1/2013 3/1/2013
equipment to serve a new customer. R a D Equipment n/a n/a
Logist Dist Equipment
IT Equipment
� e � e -s-o e -• (
Current number Salaries Number retained Salaries Number additional Salaries
�
�
0 r r�4 L.CCZ. -TCJ � l� v'(*iO �J ��J cps
• s w e a s -s•s a •-o
NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the MANUFACTURING R&D EQUIPMENT LOGIST DIST IT EQUIPMENT
EQUIPMENT EQUIPMENT
COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED
Kim
VALUE VALUE VALUE VALUE
Current values 11.2 1 i 10.0 fP10° (o
Pius estimated values of proposed project 1 ci.00-4i_Z 10�W0
Less values of any property being replaced -- -.
Net estimated values upon completion of project
e s e ea -e RISE"
Estimated solid waste converted(pounds) ®' Estimated hazardous waste converted(pounds)
Other benefits:
,y I hereby certify that the representations in this statement are true.
Signature of uth iz r pre n ti Title Date si ned(manthr day,year)
s- e e ere
We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards
adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5,provides for the following limitations as
authorized under IC 6-1.1-12.1-2.
A.The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires
is
B .The type of deduction that is allowed in the designated area is limited to:
1. Installation of new manufacturing equipment; ❑Yes ❑N o
2, Installation of new research and development equipment; ❑Yes [J N o
3. Installation of new logistical distribution equipment. ❑Yes [:IN o
4. Installation of new information technology equipment; ❑Yes ❑N o
C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of
$
D. The amount of deduction applicable to new research and development equipment is limited to $ cost
with an assessed value of$ �J—'-----'
E.The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of
F. The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of
G. Other limitations or conditions(specify]
H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or
new information technology equipment installed and first claimed eligible for deduction on or after July 1,2000,is allowed for:
❑1 year ❑6 years x*For ERA's established prior to July 1,2000,only a
❑2 years ❑7 years 5 or 10 year schedule may be deducted.
❑3 years 08 years
04 years ❑9 years
❑5 years** ❑10 years
Also we have 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) Telephone number Date signed(month,day,year)
Attested by: 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 taxpayer is
entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY ON BEHALF OF THE ST.
JOSEPH COUNTY BROWNFIELD ASSESSMENT COALITION FOR A BROWNFIELD
ASSESSMENT GRANT
WHEREAS, the United States Environmental Protection Agency has financial
assistance for brownfield revitalization, including grants for site assessments; and
WHEREAS, St. Joseph County, the City of South Bend, and the City of
Mishawaka intend to form the St. Joseph County Brownfield Assessment Coalition
("Coalition") , and the Coalition intends to request a $600,000 Assessment Grant in
order to establish a county-wide Brownfields Assessment Program; and
WHEREAS, the City of South Bend would serve as the lead agency for
submitting the application and administering any grant funds that are awarded to the
Coalition; and
WHEREAS, the Mayor is the Chief Executive Officer of the City and is the
appropriate applicant for the Environmental Protection Agency Brownfield Assessment
Grant.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby
authorized to apply to the United States Environmental Protection Agency for a
$600,000 Assessment Grant, and to execute all documents related to any grant
awarded on behalf of the St. Joseph. County Brownfield Assessment Coalition in which
the City of South Bend, the City of Mishawaka and St. Joseph County are participants.
SECTION 11. That the Mayor of the City of South Bend, Indiana, shall file with
the Common Council a complete copy of the application submitted to the United States
Environmental Protection Agency.
SECTION III. That for every activity, project, or program to be funded under this
resolution, the Mayor shall submit to the Common Council an appropriation ordinance
prior to expenditure of any funds received from the United States Environmental
Protection Agency.
SECTION IV. That the City of South Bend, Department of Community
Investment is hereby designated as the agency and office administering, on behalf of
the St. Joseph County Brownfield Assessment Coalition, the Brownfield Assessment
Grant awarded under this application.
SECTION V. That 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 Council
C,Ounr cL t on F�
Nled n Clam's cO
CT 26 Oil
CITY
11 1 IN
CITY EW,
soor���
1200 COUNTY-CITY BINIDF rc . � \ Pi4oNF 574/23 5-9371
227 W JEFFERSON BOULEVARD \� �i d PAX 574/235-9021
SOUTH BEND,INDIANA 46601-1830
x +
QTY OF SOUTH BEND FETE B=IGIEG, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
October 25, 2012
South Bend Common Council
Fourth Floor Council Chambers
400 County-City Building
South Bend, IN 46601
Dear Council Members:
The attached resolution for your consideration and approval will authorize submission of a grant
application to the United States Environmental Protection Agency on behalf ofthe St.Joseph County
Brownfield Assessment Coalition. South Bend will serve as the lead agency for this coalition which
will be made up of the City of South Bend, the City of Mishawaka and St. Joseph County, if the
grant application is approved by the EPA, we will return to the Council for the coalition to be
formalized.
We intend to submit an application for a $600,000 Assessment Grant that will fund environmental
assessments within St. Joseph County. We also are planning on using a portion of the grant to
prepare a new inventory of brownfield sites within the three jurisdictions of the coalition. The grant
application is due at EPA by November 19, 2012.
I will attend the Council meeting. Please call meat 235-9374 if you have any questions before then.
Sincerely,
Ann E. Kolata
Senior Redevelopment Specialist Filed !n Clerk's Office
OCT 2 6 2012
RKSC YCLE �OU H!END,IN
CommuN1"IY DEVELOPMFNT EcoNOM.rC DrvuopmtNT
PAMELA C.MEYEF DRNAan E.INKS
57412.35-9650 5741235.9371
Fnsc: 5741235-9469
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,URGING
THE SOUTH BEND CITY ADMINISTRATION TO UTILIZE MINORITY-OWNED BUSINESSES AND
WOMEN-OWNED BUSINESSES AS MUCH AS]POSSIBLE FOR THE RESIDENTIAL CURBS AND
SIDEWALK PROGRAMS WHEN WORK IS TO BE PERFORMED BY INDEPENDENT CONTRACTORS
Article 3 of Chapter 18 of the South Bend Municipal Code sets forth the current
regulations addressing the construction and repair of sidewalks,curbs and gutters;and
CWACm,� during this year's budget hearings held by the Council's Personnel and Finance
Committee, a pilot program was proposed whereby the current city regulations would be temporarily
suspended so that an experimental program could be attempted to "pilot solutions in income eligible
neighborhoods";and
the South Bend City Administration has proposed that funding for the Curbs and
Sidewalks Program for 2013 be increased from its current 2012 budgeted amount of $481,992 to
$676,882;and
IV" the proposed increase of 5194,890 for next year's Curbs and Sidewalks Program would
represent an increase of 40.4% in funding, with COIT monies proposed to be transferred into the Motor
Vehicle Highway(MVH)Fund;and
N"the documents provided to the Common Council provide that"any residents who request
new curbs and sidewalks and receive funding from Mayor and Council for alternate sources would have
their work performed by independent contracts,which would support the livelihood of the contractors and
keep the City curb and sidewalk program separate for paying residents".
the cost of traditional curb and sidewalk replacement is based on a charge per linear foot
of the property's frontage for materials and would typically include the removal and replacement of the
curb, sidewalk and driveway approach; with an additional costs for removing and replacing trip hazard
concrete repairs as well as costs for tree removal;and
the Division of Engineering in the Department of Public Works will oversee both the
traditional curb and sidewalk program and any pilot program which may be attempted.
& Ilse- r�irrir. �?iriirfi/cf I/N iJ� <� rN/ ri./
�iic/i%urcr; as follows:
Section T. The Common Council of the City of South Bend recommends that if any independent
contractors are to be used as part of a curb and sidewalk program, that the City Administration and in
particular the Division of Engineering in the Department of Public Works utilize minority-owned
businesses(MBE)and women-owned business(WBE)to the full extent of the law.
Section II, The Division of Engineering in the Department of Public Works is urged to provide
regular updates on development and proposed and ongoing implementation of the curb and sidewalk
programs through the Council's Public Works and Property Vacation Committee,
Section M. This Resolution shall be in full force and effect from and after its adoption by the
Ciww rid and-approval by the Mayor.
J in Clerk's Offlc
OCT 16 2012 F Henry Davis,Jr.,2" District Council Member
CLERK( _ rwrly '
201A
John Voorde,City Clerk Pete Buttigieg,Mayor of South Bend.
:ESENT3:D_Lo ,
JT APPROVNi.
�nnrsn
$qU T8 g�
City of South Bend
omm®n Council
1865 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46641-1830 Fax (574) 235-9173
httpJ/www.southbe.ndi.n.gov
Derek D. Dieter
President October 16, 2012
Oliver J. Davis
Vice-President Members of the South Bend Common Council
4"'Floor County-City Building
Karen L. White South Bend, Indiana 46601
Chairperson., Committee
of the Whole Re: Curb and Sidewalk Programs
Tim Scott Dear Council Members:
First District
Henry Davis, Jr. At the September 26, 2012 Personnel and Finance Committee meeting, a 46-page
Second District handout was provided addressing various questions and concerns raised by the
Council Members during prior committee meetings held on the proposed 2013 civil
Valerie Sch ey city budget.
Third District
Fred Ferlic
I am attaching copies of pages 34-35 of that handout which address in part some of
the information on a proposed curb and sidewalk program for next ear.
Fourth District p g y
David Varner In light of the discussions we have had to date, I am attaching for your review and
Fifth District support a proposed Resolution. This Resolution urges the City Administration, and
the Division of Engineering in particular, to use minority-owned businesses (MBE)
Oliver J. Davis and women-owned businesses (WBE) to the full extent of the law when work is to
Sixth District be performed by independent contractors.
Derek D. Dieter The proposed Resolution also tails for regular updates on the development and
At Large proposed implementation, and once the program(s) begin regular updates on the
Gavin Ferlic overall implementation throughout next year. Such updates are suggested to be
At Large given to the Council's Public Works and Property Vacation Committee.
Karen L. White With the emphasis which the Common Council has placed on minority and
At Large women-owned business outreach, I believe that this Resolution would further
strengthen our resolve in pro-actively addressing this important need in our
community. I seek your support. Thank you.
Sincerely, . ., _....f
Filed in Clerk's Ode t
Henry Davis, Jr. r. .
2"d District Council Member `�
Attachments ?
CLERK,SOUTH SEND,IN
Common Council Questions from August 22, 2012 Personnel and Finance
Committee Meeting on 2013 Public Works Budget Presentation
GENERAL PUBLIC WORKS
The council would like an org chart for all PW employees complete with names of
individuals in each position-This was provided to Council on September 24, 2012
along with other department organization charts.
STREETS
Look at a sidewalk program to construct and pay for sidewalks for those who
cannot afford new sidewalks.
The ordinance requires property owner to pay material cost plus 10 % markup for
consumables. If the will of the Council is clearly expressed that they want the
administration to suspend this requirement and attempt pilot solutions in income
eligible neighborhoods such efforts could be made in 2013. There should be a
healthy dialogue on sustainability of property amenity infrastructure in the public
RU`s that constitutes complete streets. Most streets, curbs and sidewalks were
built by developers to city standards and dedicated. The understanding has been
that gas tax and wheel tax would fund the perpetual care acid maintenance of
streets. R is not sufficient to do that street scope on a 20 year return interval. It is
surely not capable of taking on 100 % of curb and walk costs as well.
A typical lot is 60 feet wide at $ 17 per foot for curb and walk and street trees---
$1,020. If we spread payments over I year with 2 % interest it is $86.70 per month
for 12 months. If we spread over 2 years at 2 % it is $44.20 per month for 24
months. If we spread over 5 years at 2% it is $18.70 per niont.h for 60 months.
Should we establish a policy that under 80 % of MHl ($ 35,000 X .80= $28,000)
we will fund and file a lien and use a patient approach getting our share when
property changes hands as closing settleanent ? Do you want to treat as hardship in
cases under 50 % of MHI and no assets but house means we will fund it and not
seek cost recovery. To balance the books for a sustainable progrann should we
34
limit such work to 20 % of total work per year and increase our overhead markup
by 10 %? p
The success and consistency/fairness of the in-house curb and sidewalk program
depends on the revenue generated by residents who buy into the program. The
credibility of the program would deteriorate if we become selective on who has to
pay and who doesn't. An alternative to address concerns raised by Council might
be grants or funding through other sources, which would keep the City irr-house
curb and sidewalk program independent for paying residents. Any residents who
request new curbs and sidewalks and receive funding from Mayor and Council for
alternate sources would have their work performed by independent cor2tractor•s,
which would support the livelihood of the contractors and keep the City curb and
sidewalk program separate for paying residents.
Address the economy of doing concrete work with City crews versus bidding to
private contractors.
Concrete work awarded to contractors "just be based 011 prevailing wages. The
current prevailing N�iage for a skilled Cement Mason who performs work oil
bridges and roadways is $29.42 per Dour without fringe-benefits, and $40.37 per
hour with fringe benefits. The highest hourly rate for a City Sewer department
union employee (Job Leader) per hour- is $18.77 without fringe benefits, and
$25.96 per hour with fringe benefits'. This translates into a savings to the City of
$10.65 per hour wages without benefits, and $14.41 per hour with fringe benefits.
The material or° cernent used to perform the work remains the same for both parties
at $84.00 per cubic yard. The equipment is the same. Wages explain only part of
the economic value of City employees performing the concrete work versus work
performed by a private contractor-. In addition a contractor is a private for profit
organization. They have overhead and profit on a typical concrete contractor- of 30
% if they are to remain in business. The City can do the work for cost of service
without profit and fixed overhead is spread over larger operations than most small
business contractors. During bad weather non-productive overhead days for a
contractor our crews can do other productive functions liked -
, 0dIAvClerk s ®ff ck.
0 f I z0
J01IN V�.d,5�04
f �
CITY CLERK,SCE SEND,IN
35
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 1017 WEST INDIANA A VENUE, 1527 KEMBLE STREET, 1531 KEMBLE STREET AND
THE VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE STREET, SOUTH
BEND, INDIANA, 46614, COUNCILMANIC DISTRICT NQ 6 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MLYED USE DISTRICT TO
LI LIGHT INDUSTRIAL DISTRICT TO OPERATE A MANUFACTURING FACILITY.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same 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 NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 14,
TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS# 16 THROUGH 20 OF
THE PLAT OF "THOS E. A. BYERLRY'S ADDITION TO THE TOWN OF MYLER OF ST.
JOSEPH COUNTY, INDIANA" AS RECORDED BY DOCUMENT NO. 1890017 IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING A 60 ACRES MORE OR LESS
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
be and th$srame is hereby established as LI Light Industrial 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.
oQ.,{,!_.� 0-/){, Q 1 .
Member of the Common Couii6il
Cums
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2p , at o'clock m.
City Clerk
Approved and signed by me on the day of 20
o'clock m.
Mayor of the City of South Bend, Indiana
Filed OffiCs
3_ .M Nov 6 - Z012
NOT AFROVEJ,
GM CLERK,Sc�u i h SEND,IN
PASSED
PETITION FOR A COMBINED HEARING
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 and to the Area Plan Commission to grant the following variance(s):
1) The subject property is located at:
1017 West Indiana Avenue, 1527 Kemble Street 1531 Kemble Street and the vacant property South of and
adjacent to 1531 Kemble Street, South Bend, Indiana, 46614.
2) The property Tax Key Number(s)is/are: Key# 1: I8-8053-2138, Key#2: 18-8053-2139,
Key#3: I8-8053-2141, Key#4: 18-8053-2134,
3) Name and address of property owner(s)of the petition site:
City of South Bend City of South Bend
12'h Floor County-City Building Dept. of Redevelopment
227 West Jefferson Blvd 12`h Floor County-City Building
South Bend, Indiana 46601 227 West Jefferson Blvd.
Ph. No. 574-235-9371 South Bend, Indiana 46601
E-Mail Address N/A Ph. No. 574-235-9371
E-Mail Address N/A
MM Vance LLC
1531Kemble Street
South Bend, Indiana 46613
Ph. No. 574-251-9040
E-Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
MM Vance LLC
1531Kemble Street
South Bend, Indiana 46613
Ph, No. 574-251-9040
E-Mail Address N/A
5) It is desired and requested that this property be rezoned:
From: MU Mixed Use District
To: Ll Light Industrial District
6) This rezoning is requested to allow the following use(s): Manufacturingfacility.
7) If applicable,a detailed description and the purpose of the variance(s)being requested:
The Petitioners, MM Vance LLC and the City of South Bend, have been the owners of the real estate
parcels shown on the attached site plan for the past several years. MM Vance LLC presently has a
Manufacturing facility, known as Phoenix Engineering on their portion of the petition site that has been in
operation for several years. They would like to expand the size of their existing building by adding on to
the North and West of the building. They have been working with the City of South Bend on their
expansion plans. The City owns the adjacent properties to the North, South and West of MM Vance LLC's
property. The two parties have come to an agreement for the purchase of the City properties. The
Petitioners representative met with the Area Plan Commission and Building Department staff's to discuss
2
the project. Based on the proposed expansion of the building and the transfer of real estate from the City to
MM Vance LLC,there are several procedures that must be done.
The first procedure is to request a Rezoning for all the properties from the present MU Mixed Use
zoning classification to the LI Light Industrial zoning classification. The present manufacturing facility and
its proposed building expansion is not a permitted use in the MU district. The second procedure to be done
to bring the proposed expanded facility into compliance with the Ll Light Industrial district is to request
several variances for how the building will be located on the site, the required parking and required
screening from adjacent properties. The third procedure will be to request a vacation for a portion of the
property along the south side of the petition site, which is being used as a right-of-way for Indiana Avenue.
The last procedure will be to take all the properties involved and replat them through the City's Subdivision
process into a single legal lot of record.
Once the Rezoning is initiated, the property is 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 will be required to be approved due to the size of the property and the surrounding
zoning classifications.
Shown below are the Variances being requested for the property:
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 along the North, East, South and West property lines to
providing a minimum of two(2)perimeter trees along the Kemble Street and a minimum of two
(2)perimeter trees along Indiana Avenue frontages as shown. This site is part of an old established
subdivision which had a variety of uses from residential and commercial to industrial and
warehousing. The City is in the process of acquiring properties to add land to the Ignition Park
development. The City is also helping existing small industrial users to remain in the City.The intent
presently for the City is to take the surrounding properties and rezone them for industrial uses. The
Petitioner would like to add a few trees in front of the property along Kemble Street and Indiana
Avenue,but would ask not to be required to place trees along the other property lines. The added trees
on Kemble Street and Indiana Avenue can provide a pleasant streetscape for the existing building. The
Petitioners do not believe approval of this Variance would have a detrimental affect on any adjacent
property.
2).A Variance from the requirement of providing a minimum 24 ft.driveway in the shown parking area
along the south side of the building to a minimum of 0 ft. as shown. The Petitioners are requesting to
continue to use the existing parking area located along the south side of the building. This parking
area has been used since the business opened several years ago, and there have been no problems
with employees accessing the site or leaving the site at the close of the business day. The Petitioners
would state that with their type of manufacturing business there is little if any clients visiting the
facility. All business is usually done by phone or through the internet.On a rare occasion where a
client would visit the facility,there is ample on-street parking along Kemble Street.
The Petitioners do not believe approval of this Variance will adversely affect the surrounding
properties.
3). A Variance from providing a loading area with adequate maneuvering space on site to no loading area
and having a maneuvering area for vehicles and trucks as shown. This manufacturing facility has a
limited number of finished products being sent to clients and site deliveries.The Petitioners would state
that the time needed to assemble the products they sell is approximately four(4)months. The typical
pick up of equipment to be sent to their clients happens approximately 3 to 4 times per year. Parts being
delivered for assembly are usually done by small step vans. They have been able to have their products
picked up on a scheduled basis. They have worked with delivery companies to make delivery drop-off's
and pick ups without the need to have a separate loading area. Even with the proposed building addition,
this process should not be affected.The Petitioners do not believe approval of this Variance will
adversely affect adjacent properties.
4). A Variance from the required minimum 50 ft. Side Residential Bufferyard along the North property line
3
to a minimum of 32 feet for a proposed building addition.The Petitioners desires to expand the existing
facility and would add an 800 sq.ft.addition to the North. This portion of the building will contain
additional area for storage of materials and assembly area. Due to the fact that the property to the North
is presently zoned SF 2 Single Family,the Ordinance does not allow for a building to be closer than 50
ft. from a property line adjacent to residential property. The City's long-tern plan will be to change the
zoning to industrial, but they have not finalized their plans as of the present time. Since this area will be
used in the future for industrial,the Petitioners do not believe approval of this Variance will be
detrimental to any surrounding property.
5). A Variance from the required minimum 50 ft. Side Residential Bufferyard along the West property line
to a minimum of 15 feet for a proposed building addition. This is similar to the previous Variance
request where the Petitioners desires to expand the existing facility and would add a 1,000 sq.ft. addition
to the West. This portion of the building will also contain additional area for storage of materials and
assembly area. Due to the fact that the property to the West is presently'zoned MF l Urban Corridor
Multi-family,the Ordinance does not allow for a building to be closer than 50 ft. from a property line
adjacent to residential property. The City's long-term plan will be to change the zoning to industrial, but
they have not finalized their plans as of the present time, Since this area will be used in the future for
industrial,the Petitioners do not believe approval of this Variance will be detrimental to any surrounding
property.
6). A Variance from the requirement of providing a minimum of 2 parking spaces(i.e.2 spaces for 600
sq.ft. of office area,4 spaces for 3,606 sq.ft.of manufacturing/assembly area and I spaces for 570 sq.ft.
of storage area, a total of seven(7)parking spaces)to a minimum of three(3)spaces as shown.
The Petitioners are requesting to reduce the required number of provided parking spaces for their
use. The Zoning ordinance bases the number of spaces to be provided on the use of the building.
Parking for office space is calculated at a rate of 3.5 spaces per 1,000 sq.ft.of office area, I space per
1,000 sq.ft. of manufacturing/assembly area and I space per 3,000 sq.ft.of storage area. The Petitioners
have a total of three(3)employees,and even with the proposed building improvements they are not
planning to add any new employees at the present time. The employees presently use the existing
parking area located on the South side of the building.The Petitioners are requesting as part of this
approval process,a Variance to be allowed to place a larger parking area in front of the building along
Kemble Street. This is being done to do long-term planning for the facility so that if the need arises for
additional on-site parking they can build it without having to submit a separate Variance Petition at a
later date.
7).A Variance from the 25 ft. Front-yard setback for parking to a minimum of 13 ft.along the Indiana
Avenue frontage as shown. The Petitioners would desire to continue to use the existing parking along
the South side of the building. This parking area has been used by the three employees since 2004. The
Petitioners believe for the small amount of parking required based on existing employees,approval of
this Variance will not have a negative impact on surrounding properties.
8).A Variance from the 25 ft. Front-yard setback for parking to a minimum of 9 ft.along the Kemble
Street and Indiana Avenue frontage as shown. The Petitioners desire to do long terra planning as
mentioned above,and request a Variance now to allow for a future parking area located along Kemble
Street and Indiana Avenue. This Variance would allow a parking lot aisleway to be placed in the 25 ft.
Frontyard parking setback of the comer street frontages. This future parking lot would be built when the
need for additional parking is necessitated by an increase in the number of employees.This may not
happen for a few years,but the option to build the parking lot would be available to the Petitioners. The
Petitioners do not believe approval of this Variance being done for long term planning would have a
negative impact on surrounding properties.
9).A Variance from the requirement of providing Type"C"Full Screening along the North, South and
West property lines to providing no additional Type"C"Full Screening along said property lines. This
Type of Full Screening requires a minimum of four(4)evergreen trees for every 30 ft.of property line
4
which abuts a residential district. The evergreen trees would be evenly spaced in two staggered rows.
The Petitioners are asking not to be required to place this type of screening as the City is in the process
of creating an industrial park in this neighborhood. The properties to the North and West will contain
some type of industrial uses and not residential uses as the existing zoning would allow.The City
owns the adjacent properties and would not allow for any new residential uses.To the South is a
what appears to be a two(2)story vacant apartment building,an adjacent parking lot,a small home and a
night-club building.The Petitioners would ask not to be required to place Type"C"Full Screening
along this property line as it would affect the sight safety distance for any vehicles using the existing
parking area and delivery area on the South side of the building. There is no proposed outside storage
for the existing facility and approval of this Variance should not have a negative impact on the uses
along Indiana Avenue.
10).A Variance from providing a 6 ft.wide landscaping area along the South fagade of the existing
building to existing landscaping. The Petitioners have an existing driveway and parking area along the
South side of the building and they desire to maintain this paved area.There is some existing
landscaping at the corners of the existing building as shown.The Petitioners will also be placing some
small landscape shrubs along either side of the parking area,which will add screening as viewed from
the street. The Petitioners believe approval of this variance would not adversely affect any surrounding
property.
11).A Variance from providing parking screening consisting of small shrubs placed 3 fl.on-center for
the parking spaces shown along the South side of the building along Indiana Avenue to landscaping
shown.As mentioned above the Petitioners are planning to add some additional small shrubs along
either side of the parking spaces shown on the South side of the building. They believe the addition of
these small shrubs will help visually break-up the paved area and partially screen the parking spaces
along the Indiana Avenue streetscape. The Petitioners do not believe approval of this Variance will
have a negative impact on adjacent properties.
8) A statement on how each of the fol lowing standards for the granting of variances is met:
The Petitioners would state that their property is located in the urban core in an area of mixed uses.
The Petitioners believe that the reuse of an old building to a new use would fit well in this mixed use
neighborhood. The requested Variances reflect a situation that exists for reuse of existing building sites.
The building has existed for decades and pre-dates revised zoning ordinance developmental
standards.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 additional landscaping on-site where none presently exists. This
will help to 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 streetscape landscaping than has existed before. The proposed improvements should help to
stabilize values for 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.
4). 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.
10) If applicable,a detailed description and purpose of the Special Exception(s)being requested:
N/A
5
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 Petitioners would state that the proposed use will not injure or adversely affect the use of the
adjacent area or property values therein.
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.
The Petitioners would state that the proposed use is compatible with the recommendations of the
City of South Bend Comprehensive Plan.
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 Property owner(s),or
signature of Attorney for all property owner(s):
MM trance II,C
1531Kemble Street
South Bend,Indiana 46613
Ph. No. 574-251-9040
iLz�Z, '�Z/'
Chy of Soutk Bend
11200 County-Cite Building
South Bend,Indiana 46601
Ph.No. 574-235-9371
PETITION PREPARED BY&CONTACT PERSON:
Name: Danch, Hm•ner&Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628,
574-234-4003 mdanch@danchharner.coin
5
I 1) 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 Petitioners would state that the proposed use will not injure or adversely affect the use of the
adjacent area or property values therein.
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.
The Petitioners would state that the proposed use is compatible with the recommendations of the
City of South Bend Comprehensive Plan.
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 Property owner(s),or
signature of Attorney for 7pro rVs):
MM Vance LLC
1531 Kembl a Street
South Bend, Indiana 46613
Ph. No. 574-251-9040
City of South Bend
11200 County-City Building
South Bend, Indiana 46601
Ph. No. 574-235-9371
PETITION PREPARED BY&CONTACT PERSON:
Name: Danch, Harner&Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574-234-4003 mdanch @danchharner. cam
Filed In ' . k WI
NOV 6 - ZU1Z
CrfyCLERK, �Uo"!y; SEW,
Property Owners
Within 300 Feet
City of South Bend City of South Bend City of South Bend Board of Public
1200 County City Bldg 227 W Jefferson Suite 1200 Works
South Bend, IN.46601 South Bend, IN. 46601 227 W Jefferson
Tax Key# 018 8052 2114 Tax Key#018 8053 2137 South Bend, IN. 46601
Tax KPv#0 1A AnriR 717.9
Duane Miller City of South Bend CIO Dept.of City of South Bend CIO Dept.of
1609 Kemble Ave Redevelopment Redevelopment
South Bend, IN, 46613 1200 County City Bldg 227 W Jefferson Suite 1200
Tax Key#018 8054 2167 South Send, IN. 46601 South Bend, IN. 46601
Tax KPv*n1 R 80.63 919.5 Tax KPv*n1 A 8094 HUFF
City of South Bend Moshe Buchholz Emma Williams
227 W Jefferson 309 S Logan St 508 S Walnut
South Bend, IN.46601 South Bend, IN. 46615 South Bend, IN. 46619
Tax Key#018 8024 0965 Tax Key#018 8054 2166 Tax Key#018 8054 2142
Emma Williams Elva Bautista Monique Inc
508 S Walnut 1024 W Indiana Ave 3019 S Michigan
South Bend, IN.46619 South Bend, IN. 46613 South Bend, IN. 46614
Tax Key#018 8054 2143 Tax Key# 018 8054 2156 Tax Key# 018 8054 2158
Barak Group LLC City of South Bend Dept.of City of South Bend
309 Logan Redevelopment 1200 County City Building
South Bend, IN.46615 227 W Jefferson Ste. 1200 South Bend, IN. 46601
Tax Key#018 8054 2165 South Bend, IN. 46601 Tax Key#018 8024 0970
Tax KPv*n 1 R A0.52 2118
Civil City of South Bend South Bend Fort Beene Veen
County City Building 22801 Ireland Road 1512 Prairie Ave
South.Bend, IN,46601 South Bend, IN. 46614 South Bend, IN. 46613
Tax Key#018 8024 0989 Tax Key#018 8052 2119 Tax Key#018 8053 2122
Eddie Clay City of South Bend State of Indiana Curtis Krol
722 Dundee 227 W Jefferson Blvd. 1200 1031 Dubail
South Bend, IN.46617 South Bend, IN. 46601 South Bend, IN. 46613
Tax Key#018 8054 2163 Tax Key#018 8053 2131 Tax Key#018 8054 2160
John Rickey Lentine Jewels Brian If & Porras Breon
25064 Aqua Dr 1023 W. bubail Ave 2293 Idyllwild PL
Elkhart, IN. 46514 South Bend, 1N. 46613 Arroyo Grande, CA. 93420
Tax Key #018 8054 2161 Tax Key#018 8054 2163 Tax Key#018 8054 2164
Joan Churchill City of South Bend State of Indiana David IV& Pamela Filer
1623 Kemble Ave 1200 County City Bldg PO Box 576
South Bend, IN.46613 South Bend, IN. 46601 South Bend, IN, 46624
Tax Key#018 8054 2170 Tax Key#018 8024 0991 Tax Key#018 8054 2171
Beene Veen City of South Bend State of Indiana Victor&Herminia Madera
1512 Prairie Ave 227 W Jefferson Blvd, Ste.1200 1617 Kemble
South Bend, IN. 46613 South Send, IN. 46601 South Bend, IN. 46613
Tax Key#018 8053 2121 Tax Key#018 8024 0986 Tax Key #018 8054 2169
Vemella Williams/Barbara Williams Dos Kind LP City of South Bend Board of Public
1611 S Kemble St 1614 Prairie Ave Works
South Bend, IN. 46613 South Bend, IN. 46613 227 W Jefferson Blvd
Tax Key#018 8054 2168 Tax Key#018 8054 2146 South Bend, IN. 46601
Tay Kpv*01 R Rn94 nQRR
City of South Bend Board of Public City of South Bend City of South Bend Dept of
Works 227 W Jefferson Blvd Redevelopment
227 W Jefferson South Bend, IN. 46601 1200 County City Bldg
South Bend, IN. 46601 Tax Key#018 8053 2141 South Bend, IN. 46601
Tax Kpv*n1R RnR9 1418 Tay Kau it n1R Rn53 9 11
City of South Bend MM Vance LLC Armando&Elva Bautista
227 W Jefferson Blvd 1531 Kemble Ave 508 S Walnut
South Bend, IN.46601 South Bend, IN. 46613 South Bend, IN. 46619
Tax Key#018 8024 0972 Tax Key#018 8053 2139 Tax Key#018 8053 2132
City of South Bend Dept of Redv Thomas&Mary Magee Ervin Swift
227 W Jefferson Blvd. 1524 Prairie Ave 913 Indiana Ave
South Bend, IN. 46601 South Bend, IN. 46613 South Bend, IN.46613
Tax Key#018 8024 0971 Tax Key#018 8053 2130 Tax Key#018 8024 0990
City of South Bend Ervin Swift City of South Bend
227 W Jefferson Ste.1200 913 W Indiana Ave 1200 Count City Building
South Bend, IN. 46601 South Bend, IN. 46613 South Bend, IN. 46601
Tax Key#018 8053 2138 Tax Key#018 8053 2127 Tax Key#018 8024 0969
City of South Bend Dept of City of South Bend Board of Public Hopewell Baptist Church Inc.
Redevelopment Works 1533 Prairie Ave
227 W Jefferson Ste 1200 227 W Jefferson Blvd Ste 1200 South Bend, IN. 46613
South Bend, IN. 46601 South Bend, IN.46601 Tax Key#018 8052 211402
TAY Kpv#011 RnriA 911-5 TAY Kiav #n1R Rn94 nQ7.1
Beene Veen City of South Bend Robert and Linda Sue Allen
1514 Prairie Ave 227 W Jefferson Ste.1200 721 N Johnson St
South Bend, iN.46613 • South Bend, IN. 46601 South Bend, IN. 46628
Tax Key#018 8053 2120 Tax Key#018 8053 2123 Tax Key#018 8024 0964
City of South Bend Board of Public City of South Bend Dept.of Redv City of South Bend Dept of Redv
Works 227 W Jefferson Blvd Ste.1200 227 W Jefferson Blvd. Ste. 1200
227 W Jefferson Blvd. Ste. 1200 South Send, IN.46601 South Bend, IN. 46601
South Bend, IN.46601 Tax Key#018 8024 0987 Tax Key#018 8053 2126
Tay Kpv#n1R Rn94 nQAR
Office
City of South Bend City of South Bend Dept of Redv Filed In
227 W Jefferson Blvd 227 W Jefferson Blvd Ste. 1200
South Bend, IN.46601 South Bend, IN.46601
Tax Key#018 8024 0967 Tax Key#018 8053 2124 NOV. 6 Z O 9
CITYCLEP ' IN
1*14 c , Hamer & Associates, Inc.
MICHAEL J. RANCH, L.A. Land Surveyors a Professional Engineers
RON HARNER, P.S. Landscape Architects ® Land Planners
Honorable Members of the City of November 6, 2012
South Bend Common Council
4t' Floor County-City Building
South Bend, Indiana 46601
RE: Rezoning Petition for 1531 Kemble Street,
South Bend:
Dear Council Members :
Our clients are requesting the approval of a Rezoning
Petition for the property located at 1531 Kemble Street,
South Bend, Indiana. This requested Rezoning mould allow
for the re-use of an existing industrial building. Phoenix
Engineering who presently has a manufacturing facility at
the Kemble Street address, would lake to expand by adding
additional assembly/manufacturing space to their building.
This proposed expansion requires rezoning of the property
to the LI Light Industrial District classification. Our
clients believe the expansion of an old industrial building
would be a compatible use in the surrounding mixed use
neighborhood along Kemble Street and Indianna Avenue.
If you have any questions concerning this matter, please
feel free to give me a call at 234-4003.
Sincerely,
D
office
F
Michael J. Danch
President
Danch, Harner & Associates
File No. 1,20222 "C" Md. �
C
1643 Commerce Drive w South Bend, IN 46628 208 West Mars a Berrien Springs,MI 49103
once 57412344003 m 8001594-4003 r Fax 57412344119 office 2691471-3010 0 Fax 269/471-7237