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HomeMy WebLinkAbout05-23-2022 FINAL Notice and Agenda PacketOFFICE OF THE CITY CLERK DAWN M. JONE S, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, MAY 19, 2022 SUBIECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been sclicduled for Monday. Mav 23. 2022: Council Chambers 4tli Floor County -City Building 227 W. Jefferson Blvd. South Bcnnd, IN 46601 Tlic Council Chambers will be Open to the Public or Membcrs of the Public May ALtend this Meeting VirLually via Microsoft "l cams Meeting app here: htti)s://tinvuri.com/052322CC ZONING AND 4:00 P.M. ANNEXATION CHAIRPERSON, HAMANN 1. Bill No.19-22 Amending Tlic Zoning Ordinance for Property Located at NW Corner of Corby 4:20 P.M. CIVO ,MUNINH P CHAIRPERSON, TOMAS-MORGAN ISTWIE 1. Bill No. 22 21 - Resolution Designating Inntcrsec6on ofDylan Dr & Adams Rd. - Tax Abatement L 2. Bill No. 22 23 - Resolution - Waiver of Nou-Compliaiicc for Imagineering Finishng Tecluiologics - Personal Property 3. Bill No. 22 24 - Resolution - Waiver of Non -Compliance for Imagineering Finishing 'Technologies - Real Property Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjounimcnt of the Community Investment Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjouniment cc: Mayor James Mueller Committee Meeting List Media PRESIDENT, MCBRIDE NOTICE FOR HEARING AND SIGHT -IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, May 23, 2022 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4tli floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams link: litti)s://tim,url.com/052322SBCC INVOCATION PASTOR AND PROPHETESS HARRIS - NEW LIFE FELLOWSHIP MINISTRIES 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMr'ITEE ON MINUTES 5. SPECIAL BUSINESS SPECIAL RESOLUTION TO COMMEMORATE MEMORIAL DAY 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 19 - 22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED NW CORNER OF CORBY BIND AND HICKORY RD, COtJNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 19-22 THIRD READING ON AN ORDINANCE OF THE COMMON COIJNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED NW CORNER OF CORBY BLVD AND HICKORY RD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 11. RESOLUTIONS BILL NO. 22 - 21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS INTERSECTION DYLAN DRIVE AND ADAMS ROAD, SOUTH BEND, INDIANA 46628, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC Portagc Prairic V LLC 22 - 23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE GRANT OF CERTAIN PERSONAL. PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3722 FOUNDATION CT., SOUTH BEND, INDIANA 46628 FOR IMAGINEERING ENTERPRISES, INC. 22 - 24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3722 FOUNDATION CT., SOUTH BEND, INDIANA 46628 FOR IMAGINEERING ENTERPRISES, INC. 12. BILLS OF FIRST READING BILL NO. 21 - 22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1102, 1106, 1110, 1114, 1118, 1122, 1126 AND 1130 MCCARTNEY ST., COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 05-17-2022) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Henry Davis, Jr., Vice -Chairperson Kaine Kanczuzewski, Citizen Member Thomas Kurzhal, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City's Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice -Chairperson Lori K. Hamann, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice -Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Desmont Upchurch, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City's Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice -Chairperson Scott Matthew Coats, Citizen Member Maria Gibbs, Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice -Chairperson Rachel Tomas Morgan, Member Chris Hagstrom-Jones, Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Troy Warner, Member Eli Wax, Vice -Chairperson Henry Davis, Jr., Member Rachel Tomas Morgan, Member Aaron Steiner, Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Member Lori K. Hamann, Vice -Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Canneth Lee, Vice -Chairperson Amika Micou, Citizen Member Henry Davis, Jr., Member Sheila Niezgodski, Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Eli Wax, Member Troy Warner, Vice -Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice -Chairperson Karen L. White, Member James Snodgrass, Citizen Member SUB -COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE. 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice -Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS. JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice -Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice -Chairperson PARC Committee, Member SHARON L. MCSRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER. 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice -Chairperson Personnel & Finance Committee, Member PARC Committee, Vice -Chairperson Sub -Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice -Chairperson Sub -Committee on Minutes, Member Personnel & Finance, Vice -Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI. 61"" District Council Member Vice -President Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Chairperson Council Rules Committee, Member Residential Neighborhoods Committee, Member Zoning & Annexation Committee, Member RACHEL TOXIAS M0RGAN. AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE. AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice -Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice -Chairperson Utilities Committee, Member Information & Technology Committee, Vice -Chairperson Residential Neighborhoods Committee, Vice- information & Technology Committee, Chairperson Member Community Relations Committee, Member HENRY DAVIS. JR. Znd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Community -Relations Committee, Vice -Chairperson Member Zoning & Annexation Committee, Vice -Chairperson Personnel &Finance Committee, Member PARC Committee, Member SHARON L. MCBRIDE. 3rd District Council Member Council Rules Committee, Member TROY WARNER.4TH District Council Member Community Relations Committee, Chairperson Utilities Committee, Vice -Chairperson PARC Committee, Vice -Chairperson ELI WAX. 5TH District Council Member Health & Public Safety Committee, Member Personnel & Finance Committee, Member Sub -Committee on Minutes, Member Health & Public Safety Committee, Chairperson Utilities Committee, Member Community Relations Committee, Vice -Chairperson Sub -Committee on Minutes, Member Personnel & Finance Committee, Vice -Chairperson Council Rules Committee, Member Community Investment Committee, Member SHEILA NIEZGODSKI.6TH District Council Member Vice -President. Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Public Works & Property Vacation, Chairperson Member Council Rules Committee, Member Zoning & Annexation Committee, Member RACHEL TOMAS MORGAN. AT LARGE Council Member Information & Technology Committee, PARC Committee, Member Chairperson Community Investment Committee, Chairperson Personnel &Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE. AT LARGE Council Member Residential Neighborhoods Committee, public Works & Property Vacation, Member Chairperson Zoning & Annexation Committee, Member Health & Public Safety Committee, Vice -Chairperson LORI K. HAMAN1ri. AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works &Property Vacation, Vice -Chairperson Community Relations Committee, Member Utilitites Committee, Member Information & Technology Committee, Vice - Chairperson BILL NO. 19-22 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED NW CORNER OF CORBY BLVD AND HICKORY RD, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request to rezone the property from NC Neighborhood Center district to S2 Suburban Neighborhood district to allow for a Residential Care Facility. Petitioners desire to rezone the property from NC Neighborhood Center to S2 Suburban Neighborhood 2. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING LOT NUMBERED THREE (3) AS SHOWN ON THE RECORDED PLAT OF "CAMDON PARK ON HICKORY SECOND MINOR SUBDIVISION" AS SHOWN BY DOCUMENT NUMBER 0244655 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. be and the same is hereby established as S2 Suburban Neighborhood 2 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock . In. Approved and signed by me on the .m. Dawn M. Jones, City Clerk Office of the City Clerk day of James Mueller, Mayor City of South Bend, Indiana -2- , 2022, at o'clock County -City Building City of South Bend 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning Honorable Committee Chair Hamann 4th Floor, County -City Building South Bend, IN 46601 RE: NW CORNER OF CORBY BLVD AND HICKORY RD PC#0098-22 Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Also included is the application submitted by the petitioner. Please include the attached Ordinance on the Council agenda for first reading at your April 25th, 2022 Council meeting, and set it for public hearing at your May 23th, 2022 Council meeting. The petition is tentatively scheduled for public hearing at the May 16th, 2022 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Request to rezone the property from NC Neighborhood Center district to S2 Suburban Neighborhood district to allow for a Residential Care Facility. If you have any questions, please feel free to contact our office_ Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President City of South Bend PLAN COMMISSION Property Information Tax Key Number018-5201-773001 Address900 Block of North Hickory Road, South Bend, IN 46615 Owner: Benton Square LLC Legal Description: A PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING LOT NUMBERED THREE (3) AS SHOWN ON THE RECORDED PLAT OF "CAMDON PARK ON HICKORY SECOND MINOR SUBDIVISION" AS SHOWN BY DOCUMENT NUMBER 0244655 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. p Project Summary Petitioners are rezoning their property from NC Neighborhood District to S-2 Suburban Neighborhood District to allow for a Memory Care facility. As part of rezoning request, they are also asking a variance from 25 ft. Front -yard setback for parking along Hickory Road to 15 feet. Requested Action Application includes (check all that apply) ❑✓ Rezoning Current District: NC Neighborhood Center Additional Districts, if applicablE Proposed District S2 Suburban Neighborhood 2 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district, (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: 0 Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1). From the required 25 ft. Front -yard setback along Hickory Road for parking spaces to a minimum of 15 feet. Required Documents Z Completed Application (including Contact Information) 0 Site Plan drawn to scale ❑✓ Filing Fee ❑ Additional documents as noted above City of South Bend BOARD OF ZONING APPEALS Property Information Tax Key Number. 018-5201-773001 Address:: 900 Block of North Hickory Road, South Bend, IN 46615 Owner: Benton Square LLC Zoning: NC Neighborhood Center Project Summary: Petitioners desire to rezone the property from NC Neighborhood District to S-2 Suburban Neighborhood District to allow for a Memory Care facility. Petitioners believe down zoning the property will add land use protection to the existing adjacent residential neighborhood. Requested Action ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: 0 Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1). A Variance from the required 25 ft. Front -yard setback for parking along Hickory Road to a minimum of 15 feet. Required Documents ❑✓ Completed Application (including Criteria for Decision Making and Contact Information) ❑✓ Site Plan drawn to scale ❑✓ Filing Fee Variances) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The proposed variance will allow parking to be placed closer to Hickory Road, wh a (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, because: The adjacent areas to the petition site would not be affected by placing parking cl I] (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The intent of the City Ordinances is to maintain appropriate buffers between land a (4) The variance granted is the minimum necessary, because: The Variances as requested are the minimum based on the proposed layout for tI I] (5) The variance does not correct a hardship caused by a former or current owner of the property, because: The requested Variances do not correct a hardship caused by a former owner be a Property owner(s) of the petition site: Name: Benton Square LLC Address: 2400 Miracle Lane Name: Address: Name: Address, Contact Person: Name: Michael Danch - Danch, Harner and Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 Phone Number: 574-234-4003 E-mail: mdanch@danchharner.com, gshearon@danchharner.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Ipw cIRa ho-b LOT NUMDEREO 3 OF -1.1 —1 ON HICKORY SEC.NJ M�NUR SUBON•ISION, RFCDFDED D.N APRI 21, 2002 AS OD —ENT NOMBER 0244655 01 THE DFFDE Of THE RECOROEN OF ST..CSEPH COUNTY,Vl- -w •L CVKi w sr. — . .-- — -- s,n AR" 2) EwsndD Ina. USE _ _ , ., .- . ---P 3) PROPOSE. AND USE —_ ._ _ .,MEMORY CARE -1- 4) —TING ZONING NC-NEICNBO—D CENTEN 5) PROPOSED ZOF:O,G __ _—,_ _ .5-2 SUBURRA,1 NEIDHBORNOOD 0) —0 COVERAGE FOR EST- PARCELS: D 2 1) FPOROSEO BUILDING .5 DNE-STOM. n �ucrru Bo a cwF�rm m .owx w c• k u uvs+ 3) SITE To COMPLY WRH Lltt OF ST— .EI•D IANOS-1 ONDINAICE ff a ILYRG., 1) TO REZONE RROPERTf FROIA NC-NEIGPDORKOD CENTER TO B-2 SUBDRBAN N0.1-1 .RI1DO0 2 TO 1— FOP A D.PHY CAVE FAC— WMGC �[illDlf, 1) FROIA RE.OUIRED MINIMUM 25-R FRDRT-YAF. BUILDING SETBACK ALONG HICNGRr ROAD TO A MINIMUI.I FRO'4f-YAP. DU.LOR+C SETBACK v 10 '. REZONING AND VARIANCE PRELIMINARY SITE PLAN PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST, JOSEPH COUNTY, INDIANA. a'VIP- 56. s•! "',1� n I Hwl � 1 1 1 1 1 1 1 1 1 I� — 75-57 STREET --(Boo Fow) MR& PHOTOGF�kNT/IDG,gN WP IL -D�1914 V �4ry9�,g5f �� �I D 40 SO 12D SCALE 1'= 40 BL FA 09 i0O32 1 sw•I^xm Ion sAever r - W MJD n 1 r { 1 p2E 1201r0 �MJU BILL NO. 22-21 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 Intersection Dylan Drive and Adams Road, South Bend IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC Portage Prairie V LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at the intersection of Dylan Drive and Adams Road, South Bend IN 46628, which is more particularly described as: Parcel ID: 025-1002-001301 Parcel Number: 71-03-08-326-002.000-009 Legal Description: Lot 3 Portage Prairie Business Park 21122 NP 420801012212020 and which has Key Number 025-1002-001301 be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., 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 Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION 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 111. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) 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 seven (7) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 95% Year 3 - 90% Year 4 - 85% Year 5 - 80% Year 6- 75% Year 7- 70% SECTION V[i. 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. Sharon L. McBride, Council President South Bend Common Council CITY OF SOUTHBEND COMMUNITY INVESTMENT Caleb Bauer, Deputy Executive Director May 18, 2022 Council Member Rachel Tomas Morgan, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: GLC Portage Prairie V LLC Dear Council Member Tomas Morgan: Please find the attached information pertaining to a real property tax abatement petition submitted by GLC Portage Prairie V LLC to build a new speculative warehouse building at the intersection of Dylan Drive and Adams Road, South Bend, IN, 46628. GLC Portage Prairie V LLC is a subsidiary of Great Lakes Capital. This petition package includes: Department of Community Investment's summary report Petition Statement of Benefits forms (Real property) > Supporting information The report contains the Department's findings relative to the above petition. The petitioner proposes to invest approximately $15,318,200 in new construction. A representative from GLC Portage Prairie V LLC will be available to meet with the Committee on Monday, May 23, 2022. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 574-235-5898. Zncly, Caleb Bauer Acting Executive Director EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County -City Building 227W.JeffersonBlvd South Bend. Indiana46601 p574-2359371 wwwsouthbendin-gov TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Mark Bemenderfer, Manager of Business Development SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: GLC Portage Prairie V LLC DATE: May 18, 2022 On Wednesday, May 11, 2022, a petition from GLC Portage Prairie V LLC was received and subsequently filed with the City Clerk for real property tax abatements consideration for property located at the intersection of Dylan Drive and Adams Road, South Bend, IN 46628. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY ➢ GLC Portage Prairie V LLC proposes to invest $15.3m into a new warehouse building in the Ameriplex Industrial Complex where the company owns 30 acres. ➢ South Bend tenants currently have limited options for move in ready, modern, 50,000 SF+ facilities with 32' clear ceilings. The new 296,000 SF speculative warehouse building is considered by a few tenants with solid interest. ➢ The company has a proven track record of getting projects leased within 12 months of the construction start date. ➢ Current property taxes for 2021 pay 2022 is $1,565. EMPLOYMENT IMPACT Per this petition, it is estimated that the company will: ➢ Create between fifty (50) to two hundred (200) indirect full-time jobs representing a total annual payroll between $2,033,200-$8,132,800. ABATEMENT OUALIFICATION L A review of the tax abatements previously granted, finds that the petitioner has not been granted any tax abatements. 2. The Zoning Administration has reviewed the petition and finds the property to be properly zoned for the proposed project and no building permit has been issued. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for the seven (7) year real property tax abatements under section 2-82.1, Industrial development in Urban Enterprise Zone and Redevelopment Blighted Areas. 7 YEAR 13-May-22 GLC Portane Prairie V LLC South Bend German Township South Bend Portage Township Real Property Tax Abatement Schedule" Tax Key Number Multiple Current Assessed Value: 0 Estimated Project Cost: 15,318.200 Current Without 100% 95% 90% 85% Year 1 Year 2 Year 3 Year 4 Assessed Value: AV & Tax Abatement Current Assessed Value 100% 0 0 0 0 0 0 Base Assessed Value 80% 12,254,560 12,254,560 12,254,560 12,254,560 12,254,560 Less Abatement Deduction 0 (12.264,57 (11,641,832) 01,029,104) (10.416.376) Net Assessed Value 0 12,254,560 612,728 1,225,456 1,838,184 Pronerly Taxes Assume constant tax rate of 5.3510% 5.3510% 5.3510% 5.3510% 5.3510% 5.3510% Gross Tax (tax rate x net assessed value) 0 655,747 0 32,787 65,575 98,362 Less Circuit Breaker Credit 0 `288.111 I 0 0 0 0 Net Tax 0 57,637 0 32.787 65.575 98,362 Circuit Breaker Cap Circuit Breaker 3.0000% 0 367,637 367.637 367.637 367,637 367,637 Debt Service 0.0000% 0 0 0 0 0 0 Circuit Braker Cap 0 367.637 357.637 367,637 367.637 367.637 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 0 367,637 367,637 367,637 0 2 0 367,637 367,637 334,849 32,787 3 0 367,637 367.637 302,062 65,575 4 0 367,637 367.637 269.275 98,362 5 0 367,637 367.637 236,487 131,149 6 0 367,637 367.637 203.700 163.937 7 0 367,637 367,637 170,913 196,724 Totals 0 2.573.458 2,573,458 1,884,923 688,535 "This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will uIbmateiv be determined by the actual assessed valuation and the then current tax rates. 80% Year 5 0 12,254,560 (9,803.648) 2.450,912 5.3510% 131.149 a 131,149 367,637 0 367.637 75% Year 6 0 12,254,560 (9,190,920) 3,063,640 5.3510% 163.937 0 163.937 367.637 0 367,637 70% Year 7 0 12.254,560 (8,578,192) 3,676,368 5 3510% 196,724 0 19G.724 367.637 0 367,637 n J unite j i f1AY 9 8 2079 1 I City of South Bendr WY �N ._jO E, , Petition for Incentives s� ESN , Ng Petition must include a $250 filing fee payable to the City Clerk's Office or online via the City's website at V`5`/51 http://southbendin.gov/government/content/tax-abatement before processing can be complete General Information Project Name I GLC Portage Prairie V' Project Number �legal name asregistered with Secretary of GLC Portage Prairie V LLC Business structure j Company website greatlakescapital .com (Proposed Project Information Proposed project address arent company name Dylan Drive �0Great Lakes Capital j city, State, zip South Bend, IN, 46628 (Legal owner I GLC Portage Prairie V, LLC Site acreage or acreage required 1 30 acres Its the Feat es to to Ownedor ! Owned Square feet of facility 1296,400 If leased by whom Primary Contact Information Primary company contact name Isaac Hall Title Address of company contact 1130 S Main St. Suite 325 Phone City, State, Zip (South Bend, IN, 46601 Email Senior Official Information rdm panyseniorofrcialname Jeff Smoke Title dressofcompanycontactpfdlfferentfrom 130 S Main St. Suite 3251lPhone labav l City, State, Zip ,South Bend, IN, 46601 iEmail Consultant Information/Agent j Analyst 1574-360-5441 ihall@greatlakescapital.com Managing Director 1 574-360-5441 lismoke@greatiakescapital.com Hired business consultant/agent name Rob Nichols Consultant release (Y/N) Address i 315 W Jefferson Blvd Local economic development partners aooroval fY/NI �City, State, Zip South Bend, IN 46601 Email rnichols@abonmarche.com Project Overview Brief description of your company, project, and why the Great Lakes Capital is a private equity real estate company based in propertyls necessaryfor South Bend, Indiana that has and is currently developing assets across economic growth 8 states. Our company specializes in industrial and mixed -use developments. South Bend tenants currently have limited options for move in ready, modern, 50,000 SF+ facilities with 32' clear ceilings. GLC has proven this concept with three very successful "Spec" buildings in this same park in the last 36 months. The project is a 296,000 SF speculative warehouse building (no tenant signed up but a few with solid interest) and we have a solid track record of getting projects leased within 12 months of the construction start date. Without an abatement we are less competitive then other municipalities. 1{Certified Technology Park appropriate Its the project in a Tax Incremental Financing Yes 11III Ty If ! rye 7 If sn whlrh7 Certify that the auilding Permit has not been Ino permit lNumberofresidentlalunits created by ! d ly/NI rSLYr' i If this is a petition for personal property tax abatement, has the eoutoment been Installed Investment Details Public Infrastructure needs (Off- Has any 504 funding been What Is the value of any equipment being purchased In What Is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? None No N/A j TBD New Prolect Investments Calendar Year Land Acquisition Building Lease Payments Building Purchase Costs New Building Construction lasting Building Improvements New Machinery & Equipment Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New Software Or site Rail Infrastructure Omsite Fiber Infrastructure TOTAL 2022 2023 9000001 f f I16709200177090001 f 1 I ! 1 1 1 f 1 1 4 7,609,200.00 1 $ 7,709,000 00 ! 2025 $ 0.00 fFull -Time Permanent Indiana -Resident Positions by Calendar Year Calendar Year lobs retained Total hourly Cumulative 0 of net NEW full time + wage w/o permanent jobs created at project 2022 :o23 2024 202S 2026 JJ 2027 i2028 2029 2030 2031 I032 2033 50-200+ (estimated) 2026 2027 2028 2029 1 f ! f 1 1 f , f ! 1 I f IIf 1 $ 0.00 $ o.00 l $ 0.00 $ 0.00 j f Hourlyaveraee wage, w/o Totaltraining Total #to be benefits or bonuses, of expenditure- trained - not cumulative net new jobs not cumulative cumulative ! f $18-28/hr estimate f f ! i j1 Il 1 Provide hourly wage information for new employees in the following positions. ! Full time f Part time Laborers f Technical j Managerial I1} If Administrative ! Who wiii be me individual responsibie for coordinating with WorkOne on recrultine? Does your company have an EEO hiring policy? I j Are you an EEO employer? ] Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years' diversity and inclusion by detailing your 'ouirea[h and recruitment efforts for the 12, t Year 2021 2020 2019 three years as well as current policies. Full Time Part Time Full Time Part Time FuIlTime Part Time Black I II fHispanic Asian fIndian fFemale 1 Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please com complete the table below with the a P appropriate information. If Qualify (Yes or No) Earned Points Available Points you qualify for the points, please enter the full amount of available points. 1 f Construction Related (Co ntrackciml: A. Employ Local Companies (751A) IPurchase I yes 20 20 B. Materials from Local Companies (75%) I yes 20 20 C, Require Employees vs. Independent Contractors yes 19 19 D. Require Prevailing Wage (Daw5 Bacon) no 0 I 22 E. Require Health Benefits I yes 22 22 IF. lRequirePensionBenefits no 0 I 18 G. kaintain Affirmative Action Plan yes 20 I 20 I 1 ISub-totalConstructionRelated'. � ' 101 141 2 Wage & Benefit Related (owners: 1 I 1 A. Pay Target Wage Levels no 33 B. Provide Health Benefits no 34 C. Provide Pension Benefits no 29 ` D. IProvide Training I no , 1 28 I E. (Provide Child Care no 15 F. Provide Transportation Assistance `Provide no 14 G. Emptoyer Assisted Housing program no 9 t I Sub -total Wage & Benefit Related: I I 0 162 I II 3 ! Workforce Related: I { A. iCreate New Jobs yes 42 III 42 B. lReUin Existing Jobs n/a 41 I C. Maintain Affirmative Action Plan yes 35 35 D. Provide Targeted Hiring Preference 34 Sub -total Workforce Related: 77 152 4 l Suonort a MunicioaI Facilitv:. I Support a SB Municipal Facility (donations to the I A. zoo, conservatory, museum, etc.) yes S4 Name of Facility MLK Statue + Potawatomi Zoo i Sub -total Municipal Facility: ea 84 I Sub -total from Above: I 262 I 539 The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C., 6-1.1.12.1-1, et sea., and South Bend Municipal Code Sec. 2-76 et sea., for this petition state the above. Submitted By: i � ff ALJ Date: 1 5/11/2022 j j For Staff Use Only Below This Line II What Is the current assessed value? !Real Property: I 75z800 Personal Property: `What Is the projected assessed value? IiReal Property: (I itPersonal Property: 1 What Is the tax key number for this project? I ! 025-1002-001301 I j What Is the six digit NAILS code? III Spec warehouse (Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: (Personal Property Taxes: paid for the last five years when applicable. Year One 1,428.67 Year Two 2,080 Year Three 2,690 Year Four 4,028-48 i Year Five 6,909.62 Please fill out the following Public Benefit Summary Information and add to total from above. Y or N I Points 5 6 7 Public Benefit Item: Proiect Related: A. lRedevelop aSite that has Special Needs B. (Develop Based on Local University Research C- !Achieve a Physical Element of a Plan Sub -total Project Related: Super 1200% Size Projects (point values are cumulative): A 100% to 199% B- to 299% C. 1300% to 399% D 1400% and Over ISub-total Super Size Projects: Pay far MunicipaIIn(rastrueture: A- IPay for Over -sizing orUpgrading B. IPay for 26-50% of Extension Cost C. IPay for 51-75% of Extension Cost D. IPay for 76-100% of Extension Cost I=Sub -total Infrastructure Related: Total from Applicant Section: Total from Staff Section: Total Public Benefit Points: n n I n Y y 1 y 1 y 25 68 65 52 210 262 210 472 Points 49 35 36 120 25 68 65 52 210 14 26 39 52 131 539 461 1000 Leeal Description for GLC Portage Prairie V Lot 3 of Portage Prairie Business Park Section 1 STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (116 J 10-14) Prescribed by the Department of Local Government Finance ' { r i MAY 1 19 2027 1 20_PAY 20_ CITY CLGRIr ,SOUTH BEND ,\! `- = FORM SB-1 J Real Property PRIVACYNOTICE I This statement is being completed for real property that qualifies under the following Indiana Code (check one box): arty informaiiarroxtceming the cost Redevelopment or rehabilitation ofreal estate improvements (IC 6-1.1-12.1-4) orthe pia arttyy acidspreificsalMes paled to irrti6ua1 cmptayeas by the Residentially distressed area (IC 6-1.1-12-1-4.1) property ovraeria axrRdentiat per INSTRUCTIONS. IC 6-f.1-12.1.5.1- 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real properly for which theperson wishes to claim a deduction. 2. The statement of benefits farm must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevefopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction, a Fort 3221RE must be Filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thitty (30) days after the assessmentnotice is mailed to the property owner if it was mailed aflerAPM 10. A property owner who failed to file a deduction application within the prescribed deadline may rile an application between March 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the CountyAuditor and designating body with a Form CF-I/Real Property. The Fonn CF-1lReal Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. iC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Rea1 Property that is approved aRer June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SS-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 INFORMATION Name a r taxpayer GLC Portage Prairie V, LLC Address of taxpayer (number an y sate., citf state, on 12+p ccdeJ 130 S Main St. Suite 320, South Bend, IN 46601 Name or contact person Telephone number E-rnail address ( ) 574-276-1897� ihall@greatlakescapital.com City of South Bend Resolution number Location at property 1 County DLGF taxing district number St. Joseph ❑escriplion or real property improvement:, redevelopment, or rehal;)4lalioi (use addieoaalshecls ilnc:essary) Estimated start date (rnorrth day, year) June 1, 2022 296,400 SF warehouse building on 30 acres of land in the Arneriplex Industrial Park Estimated completion dale(monli; day, y:ar) Jan. 1, 2024 SECTION 3 ESTIMATE OFEMPLOYEESAND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retalned Salaries Number additional Salaries 0 50-200+ $18 hr+ Currenlvalues Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon complelion of pf� Estimated solid waste converted (pounds) Other benefits REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE 900,000 15.000.000+ Asssessed Per Rea 17 15 000.000 1 Asssessed Per Reg 17 PROMISEDBENEFITS Estimated hazardous waste converted (pounds) SECTIONG TAXPAYER CERTIFiCATION I hereby certify that the representations in this statement are true. Slgnalwe of authorzed repres5'r�' Date signed (mono; day, year) M A y t to 1-o LZ. Printed name of authorized re e Title : EHF SMOILC � MA,) Page 1 of 2 { UM We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6-1.1-12.1, provides for the following limitations: 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. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. Number of years allowed: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5 ('see below) ❑ Year 6 D Year 7 ❑ Year 8 ❑ Year 9 ❑ Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6-1 1-12.1-177 ❑ Yes ❑ No If yes, attach a copy of the abatement schedule to this form If no, the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Printed name of authorized member of designating body Name of designating body Attested by (signature and 61te of attester) Printed name of aRester If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer Is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Forth SBA/Real Property was approved prior to July 1, 2013, the deductions established in IC 6-1.1-12.1-4.1 remain in effect The deduction period may not exceed five (5) years. For a Form SBA/Real Property that is approved after June 30, 2013. the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten (10) years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SBA/Real Properly was approved prior to July 1, 2013, the abatement schedule approved by the designating body remains In effect. For a Form SBA/Real Property that Is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. (See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec. 17, (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayers Investment in real and personal property. (2) The number of new full-time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 Go gle Maps • rr- . Imagery ©2022 IndianaMap Framework Data, Maxar Technologies, USDA/FPAC/GEO, Map data ©2022 200 ft SPEC IV EXISTING FUTURE 315-600 S.QFT rauu� F-11ni%, CHI SPEC V 206.400 SOFT --lAL bi..1 l l11.1 U 111I1.11_I HI l lall l 111111111111ILU1elLitI I Lii1L lLill I I I1a 11111 E l 11111 BILL NO. 22-23 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING THE GRANT OF CERTAIN PERSONAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3722 FOUNDATION CT., SOUTH BEND, INDIANA 46628 FOR Imagineering Enterprises, Inc WHEREAS, on September 10, 2018, the Common Council of the City of South Bend (the "Common Council") adopted Resolution No. 4741-18 (the "2018 Resolution"), approving a five (5) year personal property tax deduction for a new personal property located at 3722 Foundation Ct. South Bend, IN 46628 (the "Building") by Imagineering Enterprises, Inc. or "Taxpayer", within an area located in the City of South Bend that had been designated an economic revitalization area in accordance with IND. CODE § 6-1.1-12.1-1, et seq.; WHEREAS, as part of Imagineering Enterprises Inc. deduction application, Imagineering Enterprises, Inc described for the Common Council that Imagineering Enterprises, Inc would by the end of the three (3) year designation period (a) invest $550,000 in new personal property at 3722 Foundation Ct. South Bend, IN 46628 (b) create 15 or retain 41 direct jobs; WHEREAS, Imagineering Enterprises Inc. completed a construction of 15,000 S.F. building and has purchased and installed the personal property and met all objectives in its deduction application; WHEREAS, while Imagineering Enterprises, Inc submitted its CF-I/PP form to the City of South Bend Department of Community Investment in May 2021, the company inadvertently failed to timely its related Compliance Statement of Benefits Personal Property Deduction ("CF- 1/PP") to the St. Joseph County Auditor for January 1, 2020; WHEREAS, the Common Council recognizes that (a) Imagineering Enterprises, Inc has fulfilled its pledge to construct a new speculative building purchase; (b) Imagineering Enterprises, Inc has requested a waiver of its inadvertent oversight for failing to file the Application Forms to claim benefits of the tax deduction for the first year of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, and (c) Imagineering Enterprises, Inc would have been entitled to receive the tax deduction for the first two years of the deduction period had no noncompliance event occurred; WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely or erroneous filing of an application form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original Statement of Benefits and its application for tax deduction related to the personal property located at 3722 Foundation Ct, South Bend, Indiana (the "Property"), and (b) inadvertent oversight leading to a belated filing of the Form CF-I/PP Statement of Benefits Personal Property Deduction in Economic Revitalization Areas to claim the benefits of a tax deduction for the January 1, 2020 assessment date of the Property. SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has substantially fulfilled its projected plans to purchase, and place in service, and conduct operations at the Property contemplated as part of the 2018 Resolution (the "Deduction") and that its belated filing of an application required to claim the benefits of the Deduction as of for taxes due and payable in 2021 was inadvertent. SECTION 3. The Common Council hereby waives all matters of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of the Deduction on its investment contemplated as part of the 2018 Resolution as of the January 1, 2020 assessment date, all as is permitted under IND. CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities relating to the requirement, under IND. CODE § 6-1.1-12.1-5 that economic revitalization area deduction applications be timely filed with the county auditor to claim property tax deductions for the 2020-Pay-2021 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a) the 2018 Resolution; (b) the tax deduction application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. Sharon L. McBride, President, South Bend Common Council 2 CITY OF SOUTH BEND COMMUNITY INVESTMENT May 18, 2022 Councilmember Rachel Tomas Morgan, Chairperson Community Investment Committee South Bend Common Council 4'l' Floor, County -City Building South Bend, IN 46601 Dear Councilmember Tomas Morgan, Attached please find a proposed form of resolution approving a waiver of noncompliance, pursuant to Indiana Code 6-1.1-12.1-11.3, for Imagineering Finishing Technologies. The Company filed a Form CF-1/RP and CF-1/PP with the City of South Bend in 2021, however, the Company inadvertently did not file the Form 322 and Form 103 with the Auditor's office. In an annual self -audit, the company discovered that they failed to submit forms required for the continuation of their real property and personal property tax abatements. Imagineering shared that the omission was due to staff turnover within Imagineering and at Kruggel Lawton. The company is requesting that the Common Council waive noncompliance with the filing deadline for tax deduction forms including the Fonn 322 and Form 103. The Department of Community Investment endorses and supports this waiver as the Company has been on track with their abatement milestones. The initial projection associated with building improvements was $3.5 million and the actual cost through December 31, 2022, was $2,254,753. The project has met the employment representation stated in the original petition for tax abatement from when the project began operating, until the present date. We ask that the attached resolution be referred to the Community Investment Committee for an advisory recommendation and then heard at the Common Council meeting to be held on May 23, 2022. A representative from Imagineering will be present at the meetings. Should you require additional information, please let me know. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County -City Building 227 W Jefferson Blvd_ South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov CITY OF SOUTH SEND ! COMMUNITY INVESTMENT SincereN . Caleb Bauer Acting Executive Director Department of Community Investment Attachments CC: Michael Seiler, Imagineering Finishing Technologies Sandra Kennedy, Corporation Counsel Page j 2 IMAGINEEENG FINISHING TECHNOLOGIES tM The GMru try Kn�nvledgeSourer'" jor.4feral FLri"-hing solnIioru Caleb Bauer Deputy Executive Director Department of Community Investment City of South Bend (574) 235-5898 cbauer@southbendin.gov This letter serves to inform you of an omission on behalf of Imagineering Enterprises, Inc. During our annual self -audit, it came to our attention that we have mistakenly omitted the submission of our Form 322 RE and 322 PP. Imagineering completed our Foundation Court passivation line on 1/31/2019 and our building expansion on 12/16/2019. Upon investigation, with assistance from Kruggel Lawton CPA, we have identified the cause of this omission, as explained below, and have generated a plan to promptly correct this issue. Imagineering had a change in CFO in 2018. The original CFO, Joseph Rowan, began the process of obtaining the abatements t for Imagineering. The transition of the abatement status was not properly communicated to me - our current CFO. While we -? were knowledgeable of the abatements, we believed we were filing all the correct annual documents (CF-I RE and CF-I PP). We were not aware of Form 322 needing to be filed in 2020, upon the completion of our expansions. 1 In addition, our prior CFO, Joseph Rowan, was filing our annual property tax returns. Upon my taking over the CFO role, we requested the services of Kruggel Lawton for our annual filings. We also experienced a change in our Kruggel Lawton representative. Through all this transition, everyone did their part to the best of their knowledge, however, we now know the required submission of Form 322 was not communicated to the pertinent parties. In 2020, Imagineering faced the challenges that many companies faced due to COVID 19. Our Accounting Manager, Lauren Eby, was pregnant at the time and given the opportunity to work remotely. Due to remote work and her being on maternity leave starting in late April of 2020, we did not have as strong of communication gateways in place before filing in May. Looking back, we could have internally communicated better and asked more questions regarding the abatements. Regarding the 2 projects listed above, the Foundation Court Passivation line was completed on 1/31/2019 at a total cost of $413,642 and the Foundation Court Building Expansion was completed on 12/16/2019 at a total cost of $1,841,111. Regarding our total employment at the Foundation Court facility, our average headcount for the first 4 months of 2022 was 88 full-time employees (which includes a few employees who moved from our other local facility to Foundation Court) with an average wage (combining hourly and salaried, direct and indirect employees) of $27.63 per hour. This compares to an average of 47 employees in 2018 with an average wage of $17.98 per hour, and 67 in 2019 with an average wage of $18.03 per hour. Not included in the 88 current employees, are 5 additional new hires scheduled to start during May `22 as well as 14 additional job positions we have posted, but remain unfilled due largely to continued hiring challenges throughout Covid 19 pandemic and current labor shortage. In 2023, we are scheduled to take on a large new contract supporting a new American made all -electric truck — this program will fully utilize our new expanded footprint at our Foundation Court facility and is expected to result in at least 6 new full-time positions at Foundation Court, not including the new employees/positions mentioned already above. We appreciate you taking the time to consider our request to retroactively file for our abatements. Our goal is to correct our misfiling and maintain compliance. We continue to improve our processes to avoid mistakes like these in the future. If you feel it necessary to discuss this issue in-depth, we are happy to do so. Yours Truly, =` Michael Seiler, CFO & EVP of Strategy mseiler@iftww.com ." 574-287-2941 Ext. 723 E CITY OF SOUTH BEND COMMUNITY INVESTMENT May 18, 2022 Councilmember Rachel Tomas Morgan, Chairperson Community Investment Committee South Bend Common Council 4"' Floor, County -City Building South Bend, IN 46601 Dear Councilmember Tomas Morgan, Attached please find a proposed form of resolution approving a waiver of noncompliance, pursuant to Indiana Code 6-1.1-12.1-11.3, for Imagineering Finishing Technologies. The Company filed a Form CF-I/RP and CF-I/PP with the City of South Bend in 2021, however, the Company inadvertently did not file the Form 322 and Form 103 with the Auditor's office. In an annual self -audit, the company discovered that they failed to submit forms required for the continuation of their real property and personal property tax abatements. Imagineering shared that the omission was due to staff turnover within Imagineering and at Kruggel Lawton. The company is requesting that the Common Council waive noncompliance with the filing deadline for tax deduction forms including the Form 322 and Form 103. The Department of Community Investment endorses and supports this waiver as the Company has been on track with their abatement milestones. The initial projection associated with building improvements was $3.5 million and the actual cost through December 31, 2022, was $2,254,753. The project has met the employment representation stated in the original petition for tax abatement from when the project began operating, until the present date. We ask that the attached resolution be referred to the Community Investment Committee for an advisory recommendation and then heard at the Common Council meeting to be held on May 23, 2022. A representative from Imagineering will be present at the meetings. Should you require additional information, please let me know. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County -City Building 227 W. Jefferson Blvd. South Bend, I-idiana 46601 p 574.235.9371 www.southbendin.gov CITY OF SOUTH BEND ! COMMUNITY INVESTMENT Sincerely, Caleb Bauer Acting Executive Director Department of Community Investment Attachments CC: Michael Seiler, Imagineering Finishing Technologies Sandra Kennedy, Corporation Counsel Page 12 BILL NO.22-24 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3722 FOUNDATION CT., SOUTH BEND, INDIANA 46628 FOR Imagineering Enterprises, Inc. WHEREAS, on September 10, 2018, the Common Council of the City of South Bend (the "Common Council") adopted Resolution No. 4741-18 (the "2018 Resolution"), approving a six (6) year real property tax deduction for a new speculative building located at 3722 Foundation Ct. South Bend, IN 46628 (the "Building") by Imagineering Enterprises, Inc. or "Taxpayer", within an area located in the City of South Bend that had been designated an economic revitalization area in accordance with IND. CODE § 6-1.1-12.1-1, et seq.; WHEREAS, as part of Imagineering Enterprises Inc. deduction application, Imagineering Enterprises, Inc. described for the Common Council that Imagineering Enterprises, Inc. would by the end of the three (3) year designation period (a) invest $1,500,000 on construction of a new speculative industrial building, (b) create 15 or retain 41 direct jobs; WHEREAS, Imagineering Enterprises Inc. completed a construction of 15,000 S.F. building and has met all objectives in its deduction application; WHEREAS, while Imagineering Enterprises, Inc submitted its CF-I/RP form to the City of South Bend Department of Community Investment in May 2021, the company inadvertently failed timely and properly to file the Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas ("Form 322/RE") and the related Compliance Statement of Benefits Real Property Deduction ("CF-I/RP") to the St. Joseph County Auditor; WHEREAS, the Common Council recognizes that (a) Imagineering Enterprises, Inc. has fulfilled its pledge to construct a new speculative building; (b) Imagineering Enterprises, Inc. has requested a waiver of its inadvertent oversight for filing of the Application Forms in the wrong office to claim benefits of the tax deduction for the first year of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, and (c) Imagineering Enterprises, Inc would have been entitled to receive the tax deduction for the first two years of the deduction period had no noncompliance event occurred; WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely or erroneous filing of an application form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original Statement of Benefits and its application for tax deduction related to the building construction located at 3722 Foundation Ct, South Bend, Indiana (the "Property"), and (b) inadvertent oversight leading to a belated filing or filing in the incorrect office of the Form 322/RE "Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas " to claim the benefits of a tax deduction for the January 1, 2020 assessment date of the Property. SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has substantially fulfilled its projected plans to purchase, improve, and conduct operations at the Property contemplated as part of the 2018 Resolution (the "Deduction") and that its belated/errant filing of an application required to claim the benefits of the Deduction as of for taxes due and payable in 2021 was inadvertent. SECTION 3. The Common Council hereby waives all matters of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of the Deduction on its investment contemplated as part of the 2018 Resolution as of the January 1, 2020 assessment date, all as is permitted under IND. CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities relating to the requirement, under IND. CODE § 6-1.1-12.1-5 that economic revitalization area deduction applications be timely filed with the county auditor to claim property tax deductions for the 2020-Pay-2021 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a) the 2018 Resolution; (b) the tax deduction application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council IMAGINEERING "c,• FINISHING TECHNOLOGIES The h0islryKitinvferige5'oure�"jarl1etaIFadshingSolnIions Caleb Bauer Deputy Executive Director Department of Community Investment City of South Bend (574)235-5898 ebauer@southbendin.gov This letter serves to inform you of an omission on behalf of Imagineering Enterprises, Inc. During our annual self -audit, it came to our attention that we have mistakenly omitted the submission of our Form 322 RE and 322 PP. Imagineering completed our Foundation Court passivation line on 1/31/2019 and our building expansion on 12/16/2019. Upon investigation, with assistance from Kruggel Lawton CPA, we have identified the cause of this omission, as explained below, and have generated a plan to promptly correct this issue. Imagineering had a change in CFO in 2018. The original CFO, Joseph Rowan, began the process of obtaining the abatements ` for Imagineering. The transition of the abatement status was not properly communicated to me - our current CFO. While we were knowledgeable of the abatements, we believed we were filing all the correct annual documents (CF-I RE and CF-I PP). We were not aware of Form 322 needing to be filed in 2020, upon the completion of our expansions. In addition, our prior CFO, Joseph Rowan, was filing our annual property tax returns. Upon my taking over the CFO role, we requested the services of Kruggel Lawton for our annual filings. We also experienced a change in our Kruggel Lawton representative. Through all this transition, everyone did their part to the best of their knowledge, however, we now know the required submission of Form 322 was not communicated to the pertinent parties. In 2020, Imagineering faced the challenges that many companies faced due to COVID 19. Our Accounting Manager, Lauren Eby, was pregnant at the time and given the opportunity to work remotely. Due to remote work and her being on maternity leave starting in late April of 2020, we did not have as strong of communication gateways in place before filing in May. Looking back, we could have internally communicated better and asked more questions regarding the abatements. Regarding the 2 projects listed above, the Foundation Court Passivation line was completed on 1/31/2019 at a total cost of $413,642 and the Foundation Court Building Expansion was completed on 12/16/2019 at a total cost of $1,84LI 11. Regarding our total employment at the Foundation Court facility, our average headcount for the first 4 months of 2022 was 88 full-time employees (which includes a few employees who moved from our other local facility to Foundation Court) with an average wage (combining hourly and salaried, direct and indirect employees) of $27.63 per hour. This compares to an average of 47 employees in 2018 with an average wage of $17.98 per hour, and 67 in 2019 with an average wage of $18.03 per hour. Not included in the 88 current employees, are 5 additional new hires scheduled to start during May `22 as well as 14 additional job positions we have posted, but remain unfilled due largely to continued hiring challenges throughout Covid 19 pandemic and current labor shortage. In 2023, we are scheduled to take on a large new contract supporting a new American made all -electric truck — this program will fully utilize our new expanded footprint at our Foundation Court facility and is expected to result in at least 6 new full-time positions at Foundation Court, not including the new employees/positions mentioned already above. We appreciate you taking the time to consider our request to retroactively file for our abatements. Our goal is to correct our misfiling and maintain compliance. We continue to improve our processes to avoid mistakes like these in the future. If you feel it necessary to discuss this issue in-depth, we are happy to do so. Yours Truly, Michael Seiler, CFO & EVP of Strategy mseiler@iftww.com 574-287-2941 Ext. 723 BILL NO.21-22 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1102, 1106, 1110, 1114, 1118, 1122, 1126 AND 1130 MCCARTNEY ST., COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request to rezone the properties from U1 Urban Neighborhood 1 to I Industrial to create a unified zoning for the development of the adjacent lot to the south. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: Lots 49-56 of North West Addition 2nd Plat. be and the same is herby established as I Industrial District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock . M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana -2- EL pLAll+ N City of South Bend � l� PLAN COMMISSION May 17, 2022 Honorable Committee Chair Hamann 4tn Floor, County -City Building South Bend, IN 46601 RE: 1102, 1106, 1110, 1114, 1118, 1122, 1126 and 1130 McCartney St. PC#0102-22 Dear Committee Chair Hamann: County -City Building 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 23d Council meeting and set it for public hearing at your May 27th Council meeting. The petition is tentatively scheduled for public hearing at the June 21, 2022, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Request to rezone the properties from U1 Urban Neighborhood 1 to I Industrial to create a unified zoning for the development of the adjacent lot to the south. If you have any questions, please feel free to contact our office. Sincerely, VW 4_�� Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President City of South Bend PLAN COMMISSION Petition f•r Rezoning or Property Information Tax Key NumberSee list in Legal Description Section Address: 1102, 1106, 1110, 1114, 1118, 1122 1130 McCartnev St, South Bend 46616 Owner: Expanded Metal Company of Indiana LLC Legal Description: Lots 49-54 North West Addition 2nd Plat Tax Key Nos.: 018-2168-6175, 018-2168-6174, 018-2168-6173, 018-2168-6172, 018-2168-6171, 018-2168-6170 Project Summary Request to change vacant lots from U 1 -Residential to I -Industrial to match adjacent property under same ownership. Requested Action Application includes (check all that apply) ❑✓ Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicable Proposed District I Industrial Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents ❑✓ Completed Application (including Contact Information) ❑✓ Site Plan drawn to scale ❑� Filing Fee ❑ Additional documents as noted above LIty of South Fend PLAN COMMISSION Property Information Tax Key Number71-03-35-382-003.000-026 and 71-03-35-382-004.000-026 Address: 1126 McCartnev St, South Bend 46616 Owner: Transformation Ministries Inc. Legal Description: Lots 55 & 56 North West Addition 2nd Plat Project Summary Request to change vacant lots from Residential to Industrial to match adjacent lots for use as parking area for the property to the south. Requested Action Application includes (check all that apply) ❑✓ Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicable Proposed District I Industrial Additional Districts, if applicable The Plan Commission and Council will consider the following in the review of a rezoning petition (1) The comprehensive Plan, (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction, and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested. Required Documents ®✓ Completed Application (including Contact Information) +� Site Plan drawn to scale ❑✓ Filing Fee ❑ Additional documents as noted above Property owner(s) of the petition site: Name: Expanded Metal Company of Indiana LLC Address: 515 W. Ireland Road South Bend, IN 46616 ►FTTT Address: Name: Address - Contact Person: Name: Debra Hughes, P.E., Project Civil Engineer Address: Surveying And Mapping LLC, 3220 Southview Drive Elkhart, IN 46514 Phone Number: 574-266-1010 E-mail: debra.hughes@sam.biz By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: mmm. r'aw. w. is v�ss ios�� w �Q O m Z om �D c-U }" O D —z m m I rnn �. ���unr,�an�wwccis•�mou�i+�+ao�wnrrr.��otrcna.t��ovwr�.�-xsrr��nc MAW - KESSLER BLVD Current Zoning: U1 Current zoning, U1 Current Zoning: U1 Current Zoning: I Current Zoning: U 1 Proposed Zoning: I Current Zoning: U1 Proposed Zoning: I Current Zoning: I Current Zoning: U1 Proposed Zoning: I Current Zoning: U1 Proposed Zoning: I Current Zoning: U 1 Proposed Zoning: I Current za.ning: U1 Proposed Zoning: I Current Zoning: I Current Zoning: Ul +. Proposed Zoning: I Nr Current Zoning: U1 ,. Proposed Zoning: I Current Zonl11g: I Current Zoning: I e O r�e 4 .,a � Q M1l K ' M �• r� e r+ 0 s a m n ALLEN STREET Current Zoning: I - y N SWG0 1C 5869'I,W4 vv f I � tull DWI I t2aXso dp�T� p � f 57 /SS 54 59 52 51'# 50 49 ?, / t 1y 0.•YH � r i/i. 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