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HomeMy WebLinkAbout07-08-13 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JULY 8, 2013 7 : 00 P.M. 1 . INVOCATION - FATHER DAVE PORTERFIELD 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF- KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 16-13 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. 2 IN THE CITY OF SOUTH BEND, INDIANA 11-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 30-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: STREETS AND ALLEYS IN THE AREA BOUNDED BY SAMPLE STREET, HIGH STREET AND THE RAILROAD TRACKS 22-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5-15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 8 . BILLS, THIRD READING TIME: BILL NO. 16-13 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 45519, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 11-13 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 30-13 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: STREETS AND ALLEYS IN THE AREA BOUNDED BY SAMPLE STREET, HIGH STREET AND THE RAILROAD TRACKS 22-13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5-15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 9. RESOLUTIONS BILL NO. 13-41 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5405 ROYAL STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 13-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS - SECTION 2, 2322, 2330, 2338, 2402, 2408, 2416, 2424, 2432, 2323, 2331, 2339, 2405, 2413, 2421, 2509, 2517 BASIN STREET, 2440 BASIN STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK AVENUE, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 10 . BILLS, FIRST READING BILL NO. 11 . UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1 . BILL 26-13- AMENDING CHAPTER 21 - ZONING - PUD DISTRICTS 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. 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 N0. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE TO LB LOCAL BUSINESS DISTRICT TO OPERATE A CONVENIENCE STORE AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO ADD A GASOLINE SERVICE STATION 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 RECORDERS 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 II. That a Special Exception for Gasoline Service Station 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 snail 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 Coun 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 i st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED L*14 9 Associates, Inc. MICHAEL J. DANcH, L.A. Land Surveyors Professional Engineers RON HARNER, P.S. Landscape Architects ® Land Planners Honorable Members of the City of April 3,2013 South Bend Common Council 4"' Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for 3527 & 3529 Western Avenue, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the properties located at 3527 and 3529 Western Avenue, South Bend, Indiana. This requested Rezoning would allow for the approval of a Convenience Store with two Gasoline service pumps. The proposed site improvements require rezoning of the property to the LB Local Business District classification and approval of a Special Exception for the Gasoline service pumps. This is the same petition that was previously submitted to the Council for approval last year. Our clients did meet with several members of the LaSalle Park Neighborhood Association in January to discuss the project. As a result of that meeting, our clients did make same improvements that were allowed under the present zoning. Our clients also agreed to work with the neighborhood members to create a set of written commitments that can be enforceable as part of the rezoning process. Our clients believe the improvements proposed for the properties along with a set of enforceable written commitments would be a compatible use in the surrounding mixed use neighborhood along the Western Avenue corridor. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Harper&Associates File No. 120200 "C" Md. c: t 1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs,M149103 office 5741234-4003 iD 80015944003 a Fax 5741234-4119 office 2691471-3010 ® Fax 2691471-7237 PETITION FOR A COMBINED HEARING Ci ty of South Bend Indiana I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): I) The subject property is located at: 3529 and 3527 Western Avenue, South Bend, Indiana 46619 2) The property Tax Key Number(s)is/are: Key# 1: 18-4068-2518 Key#2: 18-4068-251801 3) Name and address of property owner(s)of the petition site: Parwinder Kaur&Singh Harjinder Barbara Dockery 3529 Western Avenue 3527 Western Avenue South Bend, Indiana 46619 South Bend, Indiana 46619 574-234-7870 574-287-0108 E-Mail Address N/A E-Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: Parwinder Kaur&Singh Harjinder 3529 Western Avenue South Bend, Indiana 46619 574-234-7870 E-Mail Address N/A 5) It is desired and requested that this property be rezoned: Prom: MU Mixed Use District To: LB Local Business District 6) This rezoning is requested to allow the following use(s): Convenience Store with a Gasoline Service - Station facility. 7) If applicable,a detailed description and the purpose of the variance(s) being requested: The Petitioners, Parwinder Kaur & Singh Harjinder have been the owners of the real estate at 3529 Western Ave. for the past few years as shown in the records of the Auditor's office. They desire to expand the services they can supply to their patrons at this location. They have been working with their neighbor, Barbara Dockery of 3527 Western Ave., owner of the property to the east of the existing Convenience store, to purchase her property and add a Gasoline Service Station facility. Based on discussions with the Building Department and Area Plan Commission staff's, in order to add the gasoline pumps, the properties would be required to be Rezoned, a Special Use would be required to be approved for the pumps and several Variances would be needed to layout the property as shown on the attached site plan. The Convenience store has been in operation for the past several years and the site has been the home to a retail establishment of varying types for the past several decades. The addition of the gasoline pumps as noted requires a Rezoning, Special Use and Variances. Once the Rezoning is initiated,the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation,the Rezoning necessitates that several Variances be approved as well. Shown below are the Variances being requested for the property: 2 I).A Variance from the requirement of providing perimeter trees at a minimum rate of one(1)over-story deciduous tree every forty(40)feet to providing a minimum of two trees(2)in the parkway of Kenmore on the west side of the site and one(1)tree along the north property line as shown. The petitioners are asking for approval of this Variance as the property is located in the urban core area of the City with limited area.The Petitioners would add two trees in the parkway area of Kenmore Street in an area presently used for parking. That pavement would be removed and landscaping will be added to soften the western facade of the building, which is also the main entrance. Trees cannot be placed along Western Avenue as the City has recently placed new street lighting in the grass parkway along with the electric line running in the grass area. One tree would also be placed along the north property line away from the existing overhead utility lines running along the alley. The property to the east is a combination home and business which appears to have been vacant for quite some time. The owners do not believe approval of this Variance would be detrimental to any surrounding property, 2).A Variance from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the Western Avenue facade of the existing building to no landscaping and to a minimum of 10 shrubs along the Kenmore Street facade as shown. The Petitioners would state that the Western Avenue frontage has not changed in the last few years and the owners had placed a concrete sidewalk along that frontage.The building does have an entrance to that street that presently is not being used. They would ask to not be required to ripe up the concrete to place a few shrubs along that building front. The petitioners would state that their focus is to remove the existing parking and pavement on the west side of the building that has been used by patrons for the past several years, This parking encroaches into the right-of-way for Kenmore Street. The Petitioners believe removing the pavement and replacing the walk and adding shrubs along the west side of the building meets the intent of the landscape Ordinance for the City. The Petitioners believe approval of this Variance would not adversely affect any surrounding property. 3). A Variance from the requirement of providing Type`B" Residential Bufferyard screening along the north and east property lines to providing a minimum 6 ft. high landscape screening fence along said property lines to the required 10 ft. sight triangle at northwest corner of site and 10 ft. sight triangle at southeast comer of site as shown. The Petitioners would state that presently the existing paved area behind the building is not screened from the properties to the north or to the east of the petition site. The requirement of a 20 ft, wide residential bufferyard is quite extreme for smaller properties in the urban core areas of the City. The Petitioners are asking to be able to use a screening fence along both the north and east property lines of the site. This provides a solution to the screening of the proposed parking and gas pump areas without the requirement of using an overly large portion of the site. The Petitioners are trying to locate improvements on their site and meet the intent of the Ordinances to screen/buffer the uses from the adjacent properties. They believe approval of this Variance will not have a negative affect on adjacent properties. 4).A Variance to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed in the 20 foot wide Residential Bufferyard along the north property line and east property line to a minimum of I ft. along the north property line and to a minimum of 2ft. along the east property line as shown. The Petitioners are asking to encroach into the Residential Bufferyard along both the north and east property lines. This is to allow the placement of parking spaces along the north line and for a dumpster enclosure at the northeast portion of the site. This will allow for the Petitioners to remove the existing parking spaces along Kenmore Street out of the right-of-way and to organize the spaces at the only viable area on the site.This will also allow a location for a trash dumpster that will be placed at a location for easy access for a truck to enter the site,empty the trash and leave the site without unnecessary maneuvering.The Petitioners believe the approval will allow for the site to be used more efficiently than it is used today. The approval of this Variance should not have an adverse impact on surrounding properties. 3 5).A Variance from the requirement of providing a minimum 24 ft.aisleway in the shown north parking area to a minimum of 22 ft. The Petitioners are requesting to be able to have a smaller than required aisleway for their proposed Parking area. They want to replace the existing parking on Kenmore Street to an on-site location.The best place for the new parking is north of the existing building. Based on the location of the building, there is a limited area for parking spaces and the aisleway. The Petitioners are balancing the maneuvering area and the size of the spaces. The 22 ft.aisle is adequate for the small amount of car parking provided.At this Convenience store, a large portion of patrons using the store walk from their homes from the surrounding neighborhood. The Petitioners do not believe approval of this Variance will adversely affect the surrounding properties. 6). A Variance from the requirement of providing a minimum 20 ft. in length parking spaces to a minimum of 19 ft.as shown in the north parking area. The Petitioners are requesting the ability to reduce the length of their parking spaces from the Minimum required 20 ft. length to 19 ft. As mentioned in the previous Variance request,the site is limited in the amount of area for spaces. The Petitioners believe they have balanced the space by having parking spaces at 19 ft.and the aisleway at 22 ft. This is similar to other small parking lots used in the City with limited property. This request is to remove the existing parking spaces that are presently in the right-of-way of Kenmore Street. The Petitioners believe the small parking lot will work with the amount of traffic that is typical of this Convenience store. The Petitioners do not believe approval of this Variance will have a negative impact on adjacent properties. 7). A Variance to allow a Canopy over the gasoline pumps to encroach a maximum of 13 ft. into the 20 ft. wide Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown. The Petitioners are requesting a Variance to encroach into the Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown. The Ordinance does not require a Residential Bufferyard for properties with a MU Mixed Use zoning classification. The adjacent property has that MU classification. The gray area in the Ordinance is that if an adjacent property has a residential use,the Bufferyard is required. The adjacent property has a residential home in the rear attached to a store front. The Petitioners decided to take the conservative approach and request the Variance to allow the Canopy over the gas pumps to encroach into the perceived Residential Bufferyard.The Canopy would encroach 15 ft. into the 30 ft. Front yard setback along Western Avenue. This would still place the Canopy behind the front fagade of the existing building. The Petitioners do not believe that this encroachment for the Canopy would have an adverse impact on the adjacent property that contains a home with a retail store or along the streetscape of Western Avenue. $). A Variance from the requirement of providing a minimum of 10 ft. wide drive-thru lane and 12 ft. wide bailout lane for the proposed Gasoline Service Station facility to providing a minimum of 9 ft. wide drive-thru and bailout lanes as shown. The Petitioners are asking to be allowed to reduce the width of drive lanes defined in the Ordinance as"drive-thru lanes"and"bail out lanes". Again,a gray area exists in the Ordinance as it relates to access and vehicle parking at gasoline pumps. The Petitioners decided to ask for a reduction in the size of the lanes, in case that it may be interpreted that gasoline pumps fall in the same category as drive-thru and bail out lanes for fast-food restaurants and banks. The paved area around the proposed gas pumps will be large enough to allow cars to be at the pumps and still leave room for a"bail out" lane around the pump islands. The gas pumps are not the primary use at this Convenience store but only an added service being provided to patrons. The Petitioners do not believe approval of this Variance would negatively impact surrounding properties. 9). A Variance from the minimum 15 ft. parking setback along Kenmore Street to a minimum of 6 ft. for proposed parking spaces as shown. 4 This Variance request is to allow for the present parking areas as mentioned above to be relocated from the Kenmore Street right-of-way and placed on-site. As shown the parking spaces along Kenmore Street will be screened by low shrubs. This is an improvement over the existing paved area that exists today along Kenmore Street. This Variance will allow for the required number of parking spaces on-site for the Convenience store and Gas Dispensing facility as stated in the City Ordinances. The Petitioners do not believe approval of this Variance would have an adverse affect on any surrounding property. 10). A Variance from the minimum 30 ft. Front yard Building Setback along Western Avenue to a minimum of 9 ft. and from the minimum 30 ft. Front yard Building Setback along Kenmore Street to a minimum of 8 ft. for an existing building. The Petitioners would ask for approval to be allowed to have the existing building remain in the present location which encroaches into the front yard building setback area along both Western Avenue by 21 ft.and encroaches into the front yard building setback area along Kenmore Street by 22 ft.The building has existed as shown for the past several decades and the Petitioners believe approval of this Variance will not be detrimental to any adjacent property. 11). A Variance from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to no additional screening as shown. The Petitioners would state that presently the dumpster as had no enclosure for the past several years. They would ask the Commission Members to agree that providing the shown enclosure along with the additional fencing along the north and south property lines would be sufficient screening for the dumpster. The Petitioners do not believe approval of this Variance would have an adverse impact on any surrounding property. 8) A statement on how each of the following standards for the granting of variances is met: The Petitioners would state that their property is located in the urban core on a corner parcel that has been used for retail purposes for the past few decades. The Petitioners desire to add gas pumps to their facility as a convenience for their patrons. The proposed gas pumps are not the primary use of the site. The gas pumps will be a secondary use.The requested number of Variances, reflect a situation that exists for retail uses that are located in older neighborhoods. The building has existed for decades and pre-dates revised zoning ordinance developmental standards.The customer that uses this type of retail establishment is just as likely to be a walk-in patron as one that uses a car. The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health,safety, morals and general welfare of the community, As envisioned the proposed improvements will place parking, screening, landscaping on-site where none presently exists. This will increase the public health, safety, morals and general welfare of the community. The Petitioners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner. The site as proposed will provide more screening, landscaping and on-site parking than has existed before. The proposed improvements will remove existing parking and pavement that is located in the Kenmore Street right-of-way. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property.The strict enforcement of the Ordinance would make any proposed improvements almost impossible and create a situation where owners could do little to add value to their properties and provide additional services for the patrons using their establishments. 9). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances and Special Exception. 10) If applicable, a detailed description and purpose of the Special Exception(s)being requested: The Petitioners are requesting approval of a Special Exception Use as allowed under Section 21-03.04 s comfort,community moral standards,convenience or general welfare.The proposed Gasoline Service Station facility should be an added convenience for patrons using the facility.The proposed use has also been used at other establishments in the neighborhood without a negative impact for surrounding properties or the community at large. The Petitioners would state that the proposed use will not injure or adversely afll'ect the use of the adjacent area or property values therein. The proposed Gasoline Service Station facility is small in size and tits with the existing Convenience store.The gas pumps are secondary to the primary use of the property which are items sold in the Convenience store. With the proposed screening and landscaping, values on adjacent properties should not be adversely affected. The Petitioners woad state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein.Along this portion of Western Avenue,there are similar uses as to the one being requested. The combination of the existing Convenience store with the addition of the gas pumps is in keeping in character with of the district and the surrounding neighborhood. This proposed use will blend with the mixture of retail uses in the Western Avenue corridor. The Petitioners would state that the proposed use is compatible with the recommendations ofthe City of South Bend Comprehensive Plan, The City Comprehensive plan shows that this portion of Western Avenue is appropriate for Commercial(Off ce& Retail)along with medium density residential development.The proposed combination Convenience store with gas pumps would fit with those typos of mixed uses. 12) In the case of a Special Exception,the petitioner shall be held to the representati0ns'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): th M. p i Arrorney f or the Property Owners 52582 US. 933 North South Bernd Indiana 46635 574-277-8720 PETITION PREPARED By&CONTACT PERSON: Name: Danch, Harner&Associates, Inc, Address: 1543 Commerce Drive �_...._.. South Bend, Indiana 46628 574-234-4003 niddVich0danchharner•.Corn P Z0 39VCJ HONVC1 6TTVVM LS Z0:bT ETOZ/30/b0 Property Owners Within 300 Feet John Trotter/Western Ave Land Trust Nader Kanan Lorene Lee 3609 Western Ave 3601 Western Ave 302 S Falcon South Bend, IN. 46619 South Bend, IN. 46619 South.Bend, IN. 46619 Tax Key#018 4068 2516 Tax Key#018 4068 2517 Tax Key#01 8 4068 2310 Will J Brown Wendell& Kathy Johnson Genevieve Bucher 1918 E Donald 305 S Falcon 412 Wellington South Bend, IN. 46613 South Bend, IN, 46619 South Bend, IN. 46619 Tax Key#018 4068 250803 Tax Key#018 4062 2315 Tax Key#018 4078 2827 Melveina Foltz& Barbara Geisleman John Adamo Living Trust Dolores Malone 411 S Kenmore PO Box 611 413 S Falcon South Bend, IN. 46619 South Bend, IN, 46624 South Bend, IN. 46619 Tax Key#018 4076 2766 Tax Key#018 4076 2767 Tax Key#01 8 4070 2576 Juan Cervera & Rosalina Ma Benita Owens/Estate for Annie Timothy Bond & Michelle Milton Bond 2909 Western Ave Owens 318 S Wellington South Bend, IN. 46619 322 Kenmore St South Bend, IN. 46619 Tax Key#018 4062 2318 South Bend, IN. 46619 Tax Key#018 4068 250801 Tax KPv#018 4nRR 2.r-inRni Wendell & Kathy Johnson Reina Matute Edmond Henry 305 S Falcon 314 S Falcon 6451 Erie Falls Dr. South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46614 Tax Key#018 4062 2313 Tax Key#018 4062 2314 Tax Key#018 4062 2317 Episcopal Church Layman Chapel Dorothy Broughto/Ann Marie Warner Wendell & Kathy Johnson Christian Methodist 314 S Wellington 305 S Falcon 303 S Kenmore South Bend, IN. 46619 South Bend, IN, 46619 South Bend, IN. 46619 Tax Key#018 4068 2508 Tax Key#018 4062 2309 Tax KQv#n1R dnAR 2592n9 Anthony Adamo George Swizek & Geraldine Sniadecki Anthony Adamo PO Box 611 421 S Falcon PO Box 611 South Bend, IN, 46624 South Bend, IN, 46619 South Bend, IN. 46624 Tax Key#018 4076 2771 Tax Key# 018 4070 2582 Tax Key#018 4076 2769 Sharon Palmer Leopoldo& Effie Gonzalez Annie Owens 415 S Kenmore 734 S Lake 322 S Kenmore South Bend, IN. 46619 South Bend, IN, 46619 South Bend, IN. 46619 Tax Key#018 4076 2768 Tax Key#018 4070 2579 Tax Key#018 4068 2514 Mandeep Singh Mandeep Singh Mandeep Singh PO Box 3522 PO Box 3522 PO Box 3522 South Bend, IN, 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key#018 4076 2765 Tax Key#018 4076 2768 Tax Key#018 4076 2769 Virk Mart Inc Uhaul Real Estate Company Rank Properties LLC/Tim Rankert 3901 W Dunes Hwy PO Box 29046 56826 Wild Heather Dr Michigan City, IN. 46360 Phoenix, AZ, 85038 South Bend, IN. 46619 Tax Key#018 4062 2322 Tax Key#018 4070 2570 Tax Key#018 4078 2823 Alan &Jean Neblung Alan &Jean Nebiung Mandeep Singh 3614 Western 3614 Western PO Box 3522 South Bend, IN. 46619 South Bend, IN, 46619 South Bend, IN, 46619 Tax Key#018 4078 2824 Tax Key#018 4076 2760 Tax Key#01 8 4076 2761 Mandeep Singh Nader Kanan Parwinder Kaur& Harjinder Singh PO Box 3522 3601 Western Ave 3529 Western Ave South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key#018 4076 2762 Tax Key#018 4068 251701 Tax Key#018 4068 2518 Barbara Dockery Lupo House Vu Dong 3527 Western Ave 52606 Highland Dr 18769 Pudding Ln South Bend, IN. 46619 South Bend, IN. 46635 South Bend, IN. 46614 Tax Key#018 4068 251801 Tax Key#018 4068 251802 Tax Key#018 4062 2319 Vu Dong Wendell& Kathy Johnson Reina Matute 3501 Western Ave 305 S Falcon 314 S Falcon South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key#018 4062 2320 Tax Key#018 4062 2311 Tax Key#018 4062 2312 Nathaniel Jackson & Willie Bee Benita Owens Juana Vazquez 323 S Kenmore 321 Kenmore 322 Falcon South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN, 46601 Tax Key#018 4068 2510 Tax Key#018 4068 251001 Tax Key#018 4062 2316 Christian Methodist Episcopal Lorena Vargas &Joel Gonzales Episcopal Church Lay Chapel 303 S Kenmore 226 Kenmore Christian Methodist South Bend, IN. 46619 South Bend, IN. 46619 303 S Kenmore Tax Key#018 4068 2512 Tax Key#018 4117 4454 South Bend, 1N. 46619 Tax Kpv#n1€i 4068 2511 Mandeep Singh Layman Chapel Christian Methodist PO Box 3522 Episcopal Church South Bend, IN. 46619 303 S Kenmore St Tax Key#018 4070 2567 South Bend, 1N. 46619 Tax Kav a(11 R 4nA8 2ringn1 i v JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLEOZZt DEPUTY DIRECTOR FAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235_4571 c Wednesday, May 22,2013 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 AE: A combined hearing on a proposed ordinance of Parwinder Kaur, Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District,and seeking a Special Exception Use to allow a gasoline service station property located at 3527 and 3529 Western Avenue,City of South Bend-APC# 2670-13. Dear Council Members: I hereby Certify that the above referenced ordinance of Parwinder Kaur, Singh Harjinder& Barbara Dockery was legally advertised on Thursday, May 09,2013 and that the Area Plan Commission at its public hearing on Tuesday,May 21,2013 took the following action. Upon a motion by John McNamara„being seconded by Phil Sutton 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 3527 and 3529 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. Upon a motion by John McNamara, being seconded by Daniel Brewer and unanimously carried,a Special Exception Use to allow a gasoline service station 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 of approval 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 a range of mixed 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. Sincerely, 4w't'ltil. n W. Byorni Attachment CC Parwinder Kaur&Singh Harjinder Barbara Dockery Attorney Anthony Zappia SEit0WEhS'flfi?tfdjP`&tkS�ydtl&WOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND vyvw.stlosephcountyindiana.com/Areaplan Staff Report 5/9/2013 Traffic and Transportation Considerations: Western Avenue has four lanes. Kenmore Street has two lanes. Utilities: The property is currently served by public water and public sewer. Agency Comments: The City Engineer has no comments. We have not received comments from the Department of Community Investment. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan(November 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: The Future Land Use Map identifies the areas along Western Avenue 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 Avenue. 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 Use: The most desirable use along this commercial corridor is a commercial use. 4. Conservation of Property Values: The expansion of an existing business, when properly buffered, should have a minimal effect on surrounding property values. APC # 2670-13 Page 2 of 4 Staff Report 5/9/2013 5. Responsible Development And Growth: It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. 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 to LB Local Business District. The Special Exception Use is for a gasoline service station. The petitioner is also requesting the following 11 variances: 1)from the requirement of providing perimeter trees at a minimum rate of one over-story deciduous tree every 40 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 facade of the existing building to no landscaping and to a minimum of ten shrubs along the Kenmore Street; 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 22 feet; 6) from the requirement of providing a minimum 20 foot in length of their parking spaces to 19 foot; 7)to allow a canopy over the gasoline pumps to encroach a maximum of 13 feet into the 20 foot wide residential buffer yard along the east property line and to a maximum of 15 feet into the 30 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 12 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 15 foot parking setback along Kenmore Street to a minimum of six foot for proposed parking spaces; 10) from the minimum 30 foot front yard setback along Western Avenue to a minimum of nine feet and from the minimum of 30 foot front yard building setback along Kenmore Street to a minimum of eight feet for an existing building; and 11) from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to screening as shown. State statues and the South Bend Zoning Ordinance require that certain standards must be APC# 2670-13 Page 3 of 4 Staff 5/9/2013 met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. This site was previously proposed for the same use in September 2012. It was sent by the Area Plan Commission with a favorable recommendation to the Common Council. The petitioner withdrew the petition after the Common Council public hearing. 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 be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variances as presented. Analysis: Western Avenue is a major cast/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 staff's opinion, because of the positive redevelopment of this site and its existing configuration, the variances meet the standards for approval. In addition, the Special Exception Use meets the standards of approval 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 a range of mixed uses. APC 4 2670-13 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 healthh, 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. Special Exception /Special 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. � F2 f SF SF2 SF. F B LB 14lIIlg LF3 ftlAi : L 0 Western ty R ti Fry Iti x t i � u y' Td's Lg MI l Lf3 $�ra tH 0 ism EN s+ t�ti d{c`?`t 1: "'• �e - �... ._:,.. .e.l a ,.. ,... ..�..,. �..,.. .�•...41i u .s.a•3,;L �iy V i S F2 SF2 f2 Rezoning from. TTMUTT MIXED USE DISTRICT to TTES.T LOCAL BUSINESS DISTRICT ZONING CLASSIFICATION N SOUTH BEND "SF2" SINGLE F,AMILYAND TWO FAMILY DISTRICT � SOUTH BEND "hi F1"URBAN CORRIDOR1.1ULTIFAMILYDISTRICT SOUTH BEND "MU"f.11XED USE DISTRICT SOUTH BEND "LB"LOCAL BU SIN ESS DISTRICT 1 inch ,_ 145 feet SOUTH BEND "CB-COM1.1UNITYBUSINESS DISTRICT SOUTH BEND "GB"'GENERAL BUSINESS DISTRICT 2670-1 JOHN W BY©RNl Ako"o EXECUTIVE DIRECTOR AW LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227W.JEFFERSON BLVD. ROOM 1146 COUNTY-CITY BLDG_ SOUTH BEND.INDIANA 4660) (574) 235-9571 Wednesday, May 22,2013 The Honorable Council of the City of South Bead 4th Floor,County-City Building South Bend, IN 46601 RE: A combined hearing on a proposed ordinance of Parwinder Kaur, Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District,and seeking a Special Exception Use to allow a gasoline service station property located at 3527 and 3529 Western Avenue,City of South Bend-APC# 2670-13. Dear Council Members: I hereby Certify that the above referenced ordinance of Parwinder Kaur,Singh Harjinder& Barbara Dockery was legally advertised on Thursday, May 09,2013 and that the Area Plan Commission at its public hearing on Tuesday, May 21,2013 took the following action: Upon a motion by John McNamara,being seconded by Phil Sutton 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 3527 and 3529 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. Upon a motion by John McNamara,being seconded by Daniel Brewer and unanimously carried, a Special Exception Use to allow a gasoline service station 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 of approval 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 a range of mixed 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. Sincerely, LU,4w"�� k-JAn W. Byorni Attachment CC Parwinder Kaur&Singh Harjinder Barbara Dockery Attorney Anthony Zappia SER"RSTl*Wf A%tlffsSOUTH BEND,LAKEVILLE,NEW CARLISLE.NORTH LIBERTY OSCEOLA a ROSELAND www.sriosephcountyindlantt.com/Are-apIan Staff Report- 5/9/2013 APC # 2570-13 Owner: Parwinder Kaur& Singh Harjinder Location: 3527 and 3529 Western Avenue Jurisdiction: City of South Bend Public Hearing Date: 5/21/2013 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. 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. 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. Foundation landscaping is proposed for the west side of the building. There will also be two street trees along Kenmore, with approval from the City Forester, and evergreen screening.around the dumpster. Paving will cover 73%of the site. Zoning and Land Use History And Trends: The property at the northeast corner of Western and Wellington, approximately one block to the west, 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 Avenue, froth Chicago to Meade, was all zoned C Commercial. APC # 2670-13 Page I of 4 Staff Report 5/9/2013 Traffic and Transportation Considerations: Western Avenue has four lanes. Kenmore Street has two lanes. Utilities: The property is currently served by public water and public sewer. Agency Comments: The City Engineer has no comments. We have not received comments from the Department of Community Investment. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: L Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 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: The Future Land Use Map identifies the areas along Western Avenue as Commercial and Mixed Use. Plan Implementation/Other Plans: Western Avenue Commercial Corridor Revitalization Action Plan (June 1994). 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 Avenue. 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 Use: The most desirable use along this commercial corridor is a commercial use. 4. Conservation of Property Values: The expansion of an existing business, when properly buffered, should have a minimal effect on surrounding property values. APC # 2670-13 Page 2 of 4 Staff Reptl„rt 5/9/2013 5. Responsible;Development And Growth: It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. 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 to LB Local Business District. The Special Exception Use is for a gasoline service station. The petitioner is also requesting the following I I variances: 1)from the requirement of providing perimeter trees at a minimum rate of one over-story deciduous tree every 40 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; 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 Iine to a minimum of one foot along the north property line and to a minimum of two foot along the east property Iine 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 22 feet; 6)from the requirement of providing a minimum 20 foot in length of their parking spaces to 19 foot; 7)to allow a canopy over the gasoline pumps to encroach a maximum of 13 feet into the 20 foot wide residential buffer yard along the east property line and to a maximum of 15 feet into the 30 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 12 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 15 foot parking setback along Kenmore Street to a minimum of six foot for proposed parking spaces; 10) from the minimum 30 foot front yard setback along Western Avenue to a minimum of nine feet and from the minimum of 30 foot front yard building setback along Kenmore Street to a minimum of eight feet for an existing building; and 1 1) from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to screening as shown. State statues and the South Bend Zoning Ordinance require that certain standards must be APC 4 2670-13 Page 3 of 4 Staff Report 5/9/2013 met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. This site was previously proposed for the same use in September 2012. It was sent by the Area Plan Commission with a favorable recommendation to the Common Council. The petitioner withdrew the petition after the Common Council public hearing. 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 be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variances as presented. 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 meet the standards for approval. In addition,the Special Exception Use meets the standards of approval 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 a range of mixed uses. APC # 2670-13 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. S22cial )Exce Lion / S22cial 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. F F2 F2 F2 SF2 F2 F2 G6 L NIU; LB $ INU V6(r._.-C.y.... L C Western C L8 1iA11 LB ..fisB `E C G1 C �P F2 F2 F2 SF2 SF2 SF2 F2 i Rezoning from: TTMUTT MIXED USE DISTRICT to "LB IT LOCAL IB'USINESS DISTRICT ZONING CLASSIFICATION N SOUTH BEND "SF2" SINGLE FA1.1fLYAND TWO FAMILY DISTRICT SOUTH BEND °1.IF1- URBAN CORRIDOR MULT1FAMILYDISTRICT w E SOUTH BEND 'MU°1.iIXED USE DISTRICT SOUTH SEND '°LB"LOCAL BUSINESS DISTRICT 1 inch 145 feet SOUTH BEND -'CB"C 01.11.1 U NITY BUSINE SS D ISTRICT SOUTH BEND "OB" GENERAL BUSINESS DISTRICT 2670®1 Page 1 of 1 Christa Nayder- concern Home Owner- rezoning in my area From: Timothy Bond<bondtim @att.net> 13 To: <cnayder(,co.st joseph.in.us> Date: 5/19/2013 7:10 PM Subject: concern Home Owner- rezoning in my area May 16, 2013 Area Plan Commission of St.Joseph County (Public hearing Tuesday, May 21, 2013 at 3:30 p.m.) I am the property owner of 318 South Wellington Street and I am writing once again 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 for a 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 574-287-0408 ------ � ..a .tir i c+ .. � ti r _ _�vn -...: 1Ctl1Ll9� A-10Tf-I ciIIn«niI ORDINANCE NO, AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 W WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT CURRENTLY THE PROPERTY IS ZONED MU-MIXED-USE DISTRICT AND IT WILL BE CHANGED TO CB-COMMUNITY BUSINESS DISTRICT FOR THE SPECIAL EXCEPTION FOR AUTOMOBILE SALES & SERVICE. 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: Lot 1030& El/2 Vac Alley & S1/2 Vac Alley LaSalle Park Be and the same hereby established as CB—Community Business District. SECTION 11. That a Special Exception for Automobile Sales& Service in a CB—Community Business District 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. SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor, and legal publication. UL 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 ,24 , 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 Filed in I s4 READING 3 R PU3UC HEARING 3 rd READING JOH14 NOT ARPROVED REFERRED PASSED PETITION FOR COMBINED REARING City of South BendIndiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance,to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 3801 W Western Avenue South Bend IN 46619 2) The property Tax Key Number(s)is/are: 018-4469-2564 3) Name and address of property owner(s)of the petition site: lose Luis Consuelo 3817 W Western Ave South Bend IN 46619 4) Name and address of contingent purchaser(s),if applicable: None 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Automobile Sales&Service 7) If,applicable,a detailed description and the purpose of the variance(s)being requested: 8) A statement on how each of the following standards for the granting of variances is met: (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,and: (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. 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: Rezoning the property from MU Mixed Use Business to CB Community Business District—Automobile Sales& Service will enable me to expand the land space available for my car lot located directly to the west at 3817 W Western Avenue, 11)A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed C13 Community Business District—Automobile Sales&Service will not be injurious to the public health,safety,comfort,community moral standards,convenience or general welfare because it will allow the business to expand the space that it has to park the vehicles that are for sale enabling the lot at 3817 W Western Avenue to contain the overflow of customer parking from the side street. (b) The proposed CB Community Business District—Automobile Sales&Service will not injure or adversely affect the use of the adjacent area or property values therein because the look and use of the property will be revitalized. Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place. (c)The proposed CB Community Business District—Automobile Sales&Service will be consistent with the character of the district in which it is located and the land uses authorized therein;and provide an already successful business to expand. (d)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 shall 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. PETITION PREPARED BY: Signa r (s)of 11 P.operty owner(s)or signature of Attorney for all prop Owner Jose Luis Consuelo d �\ 3817 W Western Ave South Bend, IN 46619 (574)386-5583 C�V1 U--) CONTACT PERSON:(if different) I�It I�'7CL AN Lrry LK�,4 4i3C U1 T1 i IV,IN 30 - o 0 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Streets and alleys in the area bounded by Sample Street, High Street and the Railroad tracks. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first street to be vacated is a portion of Marietta Street from Sample Street South to the intersection of Marietta and Ohio Street for a distance of 300 feet, more or less, and a width of 49.5 feet. The second street to be vacated is a portion of Ohio Street from the intersection of Ohio Street with Marietta Street East for a distance of 370 feet, more or less, to a point 50 feet West of the High Street right of way and a width of 50.5 feet. The first alley to be vacated is the first North/South alley West of High Street, South to the first East/West alley for a distance of 132 feet and a width of 14 feet and continuing South from the East/West alley-to Ohio Street for a distance of 146 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Sample Street from High Street West to the first North/South alley for a distance of 198 feet and a width of 14 feet, continuing West to Marietta Street for a distance of 212 feet and a width of 14 feet. The third alley to be vacated is the first East/West alley South of Sample Street from Marietta Street West to the first North/South alley for a distance of 198 feet and a width of 14 feet. The forth alley to be vacated is the first North/South alley West of Marietta Street, South from Sample Street to the first East/West alley for a distance of 134.64 and a width of 14 feet. The fifth alley to be vacated is the first North/South alley West of High Street from Ohio Street South a distance of 102.8 and a width of 14 feet. The sixth alley to be vacated is the first East/West alley from the first North/South alley West of High Street Southeast along the Norfolk and Western railroad right of way for a distance of 90 feet, more or less. All being a part of Wenger's Addition, Portage Township, City of South Bend, St Joseph County, Indiana. hereby determines that it is desirable to vacate said property. Fire Dept Training Facility, vacation.doe SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities, SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: Lot 28, US Sprint Communications Company P. O. Box 12913, Overland Park, KS 66212 Lot 29, Grand Trunk Western RR 9 Administration Road, Concord ON 46614 Pt of Lot 21, Redevelopment Commission 1200 County City Building, South Bend, IN 46601 Pt of Lot 21, South Bend Board of Public Works Rm 1300, 227 W. Jefferson Blvd, South Bend, IN 46601 Section IV. The purpose of the vacation of the real property is Construction of new South Bend Fire Department Training Facility SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. Fire Dept Training Facility, vacation.doc City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, Indiana p??,0\WD Filed In ' '� Office JUN i a ZJ Fire Dept Training Facility, vacation.doe CI`1 y CLERK,SO i'h SEND,IN PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE:—June 6,2013 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: All alleys bounded by Sample Street, High Street and the Grand Trunk Railroad tracks. B. THE STREET DESCRIBED AS: All streets bounded by Sample Street, High Street and the Grand Trunk Railroad Tracks. NAME (signed & printed) ADDRESS LOT# 1 Room 1300, 227 West Jefferson Blvd. See Legal South Bend, IN 46601 Michael C. Mecham, P. E. City Engineer CONTACT PERSON (S) NAME: Same as above RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-235-9251 a i LUN Fire Dept Training Facility, vacation.doc r°r SENt,tN 18-309 -3507 ENE S1. os�p � E• -1396 18 Joa -1397 R�5 E. SAMPLE ST. -0754 8 701 -0753 r -0747 0743.01 O^rye -0762 0758 -0720 w -0751 �0�� 78-T07 -0759 . o -0763 0764 r no i pot, yr N ce4l -cx -0360 l 18-7009 R,R -0765 w rsp� 0 0 0 0 -0720.04 r r r i • 8 701 18-701 -0741 %"3se N,Y -0877 E� JUN LEGAL DESCRIPTION: ITY CLERK,' ��$��"S D,1 The first street to be vacated is a portion of Marietta Street from Sample Street South to the intersection of Marietta and Ohio Street for a distance of 300 feet, more or less, and a width of 49.5 feet. The second street to be vacated is a portion of Ohio Street from the intersection of Ohio Street with Marietta Street East for a distance of 370 feet,more or less,to a point 50 feet West of the High Street right of way and a width of 50.5 feet. The first alley to be vacated is the first North/South alley West of High Street, South to the first East/West alley for a distance of 132 feet and a width of 14 feet and continuing South from the East/West alley to Ohio Street for a distance of 146 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Sample Street from High Street West to the first North/South alley for a distance of 198 feet and a width of 14 feet, continuing West to Marietta Street for a distance of 212 feet and a width of 14 feet, The third alley to be vacated is the first East/West alley South of Sample Street from Marietta Street West to the first North/South alley for a distance of 198 feet and a width of 14 feet. The forth alley to be vacated is the first North/South alley West of Marietta Street, South from Sample Street to the first East/West alley for a distance of 134.64 and a width of 14 feet. The fifth alley to be vacated is the first North/South alley West of High Street from Ohio Street South a distance of 102.8 and a width of 14 feet. The sixth alley to be vacated is the first East/West alley from the first North/South alley West of High Street Southeast along the Norfolk and Western railroad right of way for a distance of 90 feet,more or less. All being a part of Wenger's Addition, Portage Township, City of South Bend, St Joseph County, Indiana. SOC T!#g� 1316 COUNTY-CITY BUILDING NONE 574/235-9251 227 W..TEMPSON BOULEVARD FAX 574/235-9171 SOUTH I31;Nn, TxnlaNa 46601-1830 � I865 CITY OF SOUTH BEND PETE. BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 28, 2013 Mr. Michael Mecham City of South Bend Engineering 227 West Jefferson Boulevard, Room 1316 South Bend, Indiana 46601 RE: Alley Vacation—All Alleys bordered by Sample Street, High Street and the Penn Central Rail Road Tracks (Preliminary Review) Dear Mr. Mecham: The Board of Public Works, at its May 28, 2013, meeting, reviewed comments by the Area Plan Commission, Community Investment, Fire Department, and the Police Department. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. GARY A. GILOT DONALD E. INKS KATHPYN E. Roos MICHAEL C. MECHAM MARK W NEAL Page 2 of 2 May 28, 2013 Please contact Tony Molnar at 574 235-9254 prior to picking u our radius ma . You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lan a M. Martin, Clerk e: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering Filed IV Office JUN 18 2013 CITY CLM,, IN Melinda Lercel From: Melinda Lercel Sent: Thursday, May 02, 2013 2:34 PM To: Andre Price;Jinn Kain; Michael Mecharn; Federico Rodriguez;jbyorni @cost joseph.in,us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.corn Subject: Alley Vacation: - Kayla Patel Attachments: Alley Vacation - Kayla Patel.pdf Please provide your recommendations. Thank you, 4", }W TI?' "Q4- Melinda Lercel Department of Public Works it Division of Engineering � tl { s (574) 235-9251 rirecx Y mlerce1Cd)southbendin goy City of South Bend ' 223 W.Jefferson Blvd. his N Suite 1316 County City Building South Bend, IN 45601 http://www.southbendin.gov 1 Linda Martin From: Michael:Divita Sent: Friday, May 03, 2013 8:14 AM To: Linda Martin Cc: ,litin Kain; Chris Dressel Subject: FW:Alley Vacation - Kayla Patel Attachments: Alley Vacation - Kayla Patel.pdf Alley Vacation - Kayla Patel (near LWW &Iowa) Approval recommended. Given that this alley is overgrown with grass, it appears little used, No neighborhood or access issues would be apparent with this vacation. ;011 'Of* Michael Divita Planner b Department of Community investment City of South Bend 227 W. Jefferson Blvd., Suite 14005 South Bend, IN 46601 (574) 235-5843 mdiyltaCasauth bendin.aov _...... From: Jitin Kain Sent: Thursday, May 02, 2013 3:37 PM To: Michael Divita Subject: FW: Alley Vacation - Kayla Patel See attached and provide recommendation, �L t 3itin Kain Director,Planning i Wr'z Department of Community Investment (574)235-5835 jkain@southbendin.gov City of South Bend 227 W.Jefferson Blvd.,Suite 1400 S. South Send,IN 46601 .............. ....,. _ w... .__. ..m..... _. From: Melinda Lercel Sent: Thursday, May 02, 2013 2:34 PM To: Andre Price, Jitin Kain; Michael Mecham; Federico Rodriguez;jbyornl @co.st joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgrfffin @nlsource.com Subject: Alley Vacation - Kayla Patel Please provide your recommendations. I Melinda Lercel Froth: Angela Smith <ASmithC co.st-joseph.in.us> Sent: Tuesday, May 07, 2013 3:39 PM To: Melinda Lercel; Linda Martin Subject: Re:Alley Vacation - Kayla Patel Attachments: Locke-Lin coInway.doc, Smith, Angela.vcf Attached, please find our recommendation for the above referenced alley vacation. An$e&z M. Smftft, Planner Axea Place Commission (574) 235-9571 >>> Melinda Lercel < ilereel @southbendin.00v> 5/2/2013 2:33 PM >>> Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works N Division of Engineering s � s (574) 235-9251. rack � u: mlercel southbendin.gov_ City of South Bend 227 W.Jefferson Blvd. J. Suite 1316 County City Building South Bend, IN 46601 htt[s;//www.so uthbendin.gov IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality, If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming a-mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted,corrupted, lost, destroyed, arrive late or incomplete, or contain virus.Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard-copy version. i t. �pVT$ +�? rRA w ■ 1865 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 5l2f2013 TO: Andre Price, Solid Waste L,.-dttin Kain, Community Investment Michael Mecham, Engineering Department ,'Federico Rodriguez, Fire Department j John Byorni, Area Plan Commission (1byorni(&cost- e hJn.us or 235-9813 fax) ',Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffin @nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk,�7� SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: Kayla Patel The East/West Alley between Locke Street and Lincolnway LOCATION: West going West from Iowa Street to the first North/South Alley. DATE DUE: ASAP FAX OR E-MAIL TO: 235-9171 ! lmartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 5, ARTICLE 3, SECTION 5-15 (a)AND (d) OF THE SOUTH BENZ)MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the current regulations addressing bee keeping within the city limits have not been updated in recent decades. It is acknowledged that the State of Indiana aids and assists in the "development and protection of the bee and honey industry..." as further addressed in Indiana Code 14-24-2. It is further acknowledged that the Indiana Department of Natural Resources (DNR) Division of Entomology and Plant Pathology maintains a government website posts and maintains information on honey bees at www.in. ov/dnr/entomolo/5746.htm] and also at www.in.gov/dnr/entomolo/2893.html On January 7, 2010, the Congressional Research Service provided to Congress a report on the "Honey Bee Colony Collapse Disorder". This 17-page document noted among other things that the State of Indiana was one of thirty-five states affected by the colony collapse disorder (CCD) where an "alarming number of bee colony losses and die-offs" began in late 2006. Symptoms of CCD include: rapid loss of adult worker bees; few or no dead bees found in the hive; presence of immature bee; small cluster bees with live queen present; and pollen and honey stores in hives which may be caused by pathogens, parasites, environmental stresses and poor nutrition. Part of the U.S. Department of Agriculture's Action Plan to address CCD include increased educational and outreach programs aimed at improving the "general bee health and reduce susceptibility to colony collapses and other disorders..." Current reports for 2013 show the highest level of commercial colony losses at an average of 55%. Much has changed in recent years with regard to municipal bee keeping regulations. Many municipalities have established bee keeping regulations, some of which include Evanston, IIlinois; Cleveland, Ohio; Salt Lake City since 2009; Provo, Utah since 2011; Madison, Wisconsin since 2012; Minneapolis, Minnesota since 2009; Milwaukee, Wisconsin since 2010; Spokane, Washington — just to name a few. In 2010, New York City lifted its ban on bee keeping within its city limits. New York City permits the honey-producing Apis mellifera bee, which can produce as much as 100 pounds or more of honey annually. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana, by setting forth reasonable honey bee keeping regulations. Honey Bee Keeping Regulations ordinance Page 2 guru,, grmom, by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 3, Section 5-15 (a) and (d) of the South Bend Municipal Code are amended to read as follows with all other said provisions remaining in effect: Sec. 5-15. Acreage Requirements for Certain Domestic Animals (a) Any person desiring to raise any of the following named domestic animals or fowl must have a minimum of five (5) contiguous acres in land: (7) lees. Reserved. (1) if bee eelenies are kept within fifty (50) feet of my-exterieF boundafy of the that will 141 pf VYY 4114 V4VJ 11 (2) Fresh, elean watei--ing feeilifies for-bees shall be provided on the said premises, (3) The bees and equipment shall be kept ie aeeer-danee with �he pr-@,,isions of state statutes. hive,Nothing in this section shall be deemed or- eenstmed tO PFOhibit the keeping of bees in a stand of bey, leeated or- kept within a zoological S 7 or- tiniver-sity btijidi" for- the p:ufpes@ of study or-ebsefyation. Section 11. Chapter 5 of the South Bend Municipal Code shall be amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Honey Bee Keeping_Regulations. Sec. 5-50 Legislative Findings. (a) The Common Council finds that honey bees can be maintained within populated areas without causing a nuisance if honey bees are ro erl located managed, and maintained. (b) Honey bees are a benefit to society by pollinating flowers gardens and trees and thereby contributing to the local ecosystem; as well as furnishing honey,wax, and other useful products. (c) The regulations set forth in this Article are in the best interests of the health, safety Honey Bee Keeping Regulations Ordinance Page 3 and welfare of the 61y,I Sec. 5-51 Definitions. As used in this Article the following words terms and phrases shall have the meanings set forth herein: A is : the assembly of one 1 or more hives or colonies of honey bees at a sin le location. Beehive:_domicile prepared for colony of honey bees. Beekeeper: a person who owns or has charge of one(l0„or,more colonies ofhoneybees. Beekeeping E ui ment: Anything used in the operation of an apiaKy, such as hive bodies supers, frames, top and bottom boards and extractors. Bottom Board: floor of beehive. Building: aLiy structure having a roof supported by columns or walls and intended for the kind or nature.2 al, process equpment te goods, r materials of any shelter, _housing or enclosure o any individual, anima City: City of South Bend,Indiana. Colon : the entire hongy bee family or social unit living together includigg queens, workers and drones. FI ywav barrier: fencing, dense hedgipZ or a combination of the two which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. Hive: a frame or structure used or em Io ed as a domicile for bees. Honey Bee: the common domestic honey bee, limited to the Ap.is nzellifera species, specifically excluding the African honey bee, Apis mellifera scutellata of Africanized honey bee or any hybrid thereof: Inner Cover: a cover used under the standard telescoping,cover of a bee hive. ' Indiana Code § 36- 14-11 authorizes a city to pass,codify and enforce ordinances;and Indiana Code§ 36-1-3-2 grants to cities"...all the powers that they need for the effective operation of government as to local affairs". 2 South Bend Municipal C o d e §21-l 1.02 sets forth the zoning definition for"building" Honey Bee Keeping Regulations Ordinance Page 4 Law troth TvDe Hive: a hive consisting of an outer frame with a solid top cover an inner cover, a bottom board, and a number of boxes„ d supers containing.tightly spaced movable frames. Lot: a piece, arcel lot or tract of land design ated by its owner or developer to be used developed or built upon as a unit under single ownership or control and rnLay consist of: (1} A single lot or record; or (2) A combination of com fete Iots ofrecord.3 Nucleus Colony: a small colony of bees resulting from a colony division, or a„qpeen-mating hive used b queen„breeders. Super: A wooden box with frames containing foundation or drawn comb in which hones is to be produced. See. 5-52-----Honey Bee Kee its Public Safe Re raIations. (a) Any_person desiring to raise the common domestic honeybee, limited to the Apis mellifera species, must comply with the following_ ublic safety regulations (b) The maximum number of colonies based on the size of the lot which shall be limited to the following: • Up to % acre Two (2) colonies • More than '/ acre but less than ' Four ,4 colonies _ 2 acre . • % acre but less than 1 acre _T Six (6) colonies • 1 acre or more Eight $ colonies (c) A_nuc..leus colony may be kept for up to a 30-day period at one (1) for every colony. (d) No hive shall exceed seventeen 17 cubic feet in volume. (e) Location Requirements: 1. All colonies shall be located behind the building. 2. Beehives must have a flyway barrier which is located at least ten feet I0” in front of the entrance to the hive at a height of six feet 6' if the hive's entrance is located within fifteen feet LQ LS' of the property line. 3 South Bend Municipal Code§ 21-11.02 sets forth the zoning definition for"lot" Honey Bee Keeping Regulations Ordinance Page 5 3. If the hive's entrance is within five feet 5' of the property line there must be a solid wall dense ve etation or combination of the two which extends five feet ff) beyond the hive along the property line. 4. No hive shall be located closer than ten feet(10'1 from a public sidewalk 5. Colonies mgy be kept on flat roofs without setback or flyaway barrier restrictions. (f) A constant sLipply of fresh clean water shall be provided for all hives. DesigLl must allow bees to access water by landing on hard surface. (g) The honey bees and equipment shall be maintained in accordance with the„gp 1p cable provisions of the Indiana Code and apiary practices addressing honey bees recommended by the State of Indiana's Apiary Ins-rector(s). See. 5-53 Honey Beekeeping Permit„Reguired, Permit Fee, Denial or Revocation. (a) Any person desiring;to raise the common domestic honey bee limited to the Apis melh eraspecies, must file an application for a Honey Beekeeping Permit with the,Department of Code Enforcement's Division of Animal Care and Control for review. (b) A filing fee of twenty dollars 20 shall be re uired at the time of film a completed application. (c) Prior to obtaining honey bees, a first-time applicant for a honey bee permit must provide written proof to the Division of Animal Care and Control that he/she has completed training or received information on beekeeping. by an entity recognized by the Indiana Department dent of Natural Resources ep rces Dartment of Entomology,.Division of Entomology & Plant Pathology Purdue University. (d) The Division of Animal Care and Control may deny or revoke a permit to any yperson „ who has failed or refused to comply with the permit requircments, who has made any fraudulent „.� or false statement or material representation in the permit application , or in connection_with the keg ping or maintenance of honey bees; or who has kept such honey bees in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public (e) Upon denial or revocation of a pennit,the Law De partment shall provide notice to the 4 A current"List of Assistance for Beekeeping in Indiana”may be accessed at www.in.fzov/dnr/entornolo/files/M- indiana beckeepinm information.pdf Honey Bee Keeping Regulations ordinance Page 6 _ _ _ in. Section 4-16 permit app_rcant or permit holder o the appeal and hearing procedures set forth .................__,. of this Code. Sec. 5-54 Compliance Required; Penalties. (a) It shall be unlawful for any person to keep or maintain an apiary, hive,or colony in the City which is not in compliance with this Article. (b) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code Enforcement which provides for a fine of seventy-five dollars ($75.00 . per violation payible througji the Ordinance Violations. (c) Each violation shall constitute a separate and distinct offense. (d) Any person who has obtained a honey bee permit and who violates any of the provisions of this Article three (3) times as evidenced by citations being issued for each Violation, shall have his/her permit issued under this Article revoked Said person shall not be entitled to have a new T permit issued for a minimum of one (1) ypar from said date of revocation and must provide written , proof that he/she has completed training on beekeeping by an entity recognized by the Indiana Depart of Natural^ Resourced De artment of Entomology Division of Entomology & Plant Pathology Purdue University. Said training must have taken place after the date of the permit revocation. (e) Any apiary, hive or colony which threatens public health or safety; or creates„a public nuisance-, or which has been abandoned is unlawful. The City is authorized to take all reasonable action including removal and/or destruction of anyapiary, hive or colony which is deemed necessary. Sec, 5-55 Exemptions for Zoolozical Parks, Schools, University, College, Etc. Nothing in this Article shall be deemed or construed to prohibit or restrict the keeping of hone bees in a hive, stand or box located or kept within a zoological park, school, or university building or educational not for profit entity for the_purpose of_study or observation. Section 111. Chapter 2, Article 19, Section 2-213 of the South Bend Municipal Code shall be amended by the inclusion of the following and inserted into the chart in proper numerical order: 5-54 Hone Bee Keqping Regulations $75.00 Honey Bee Keeping Regulations Ordinance Page 7 Section IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. 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. Tim Scott, 1St District Co cil Member Office of the City Clerk me flee *W yon y/0, gu wza� on the day of , 2013 at o'clock . m. Office of the City Clerk Jan d*na by me on the day of , 2013 at o'clock—.m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed ?n iA"M t Office 1 st READING !—(3—12 MAY 8 ?013 PUBLIC HEAPING ... 3 rd F:EAMNG ZON V1 f 3,i" : NOT APPIZOVED CITY CLEM S0 UYX SEND,IN REFERRED PASSED City of South Bend Common Council 3855 441 County-City-Building . 227 W.Jefferson Blvd (574) 235-9321 May 7, 2013 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter Members of the Common Council Presiden t 4th Floor County-City Building Oliver J. Davis South Bend, Indiana 46601 Vice-President Re: Proposed Honey Bee Keeping Regulations Karen L. White Chairperson, Committee Dear Council Members; of the Whole Tim Scott I am pleased to introduce for your review and approval, regulations which would First District allow honey bee keeping in the City of South Bend. Henry Davis, Jr. The proposed ordinance is similar to the Urban Chicken Ordinance recently Second District passed by the Council, by incorporating reasonable health and public safety regulations. The number of hives would be limited by size and the monetary Valerie Schey penalty amount for violations is the same. Third District Pied. Ferlic As you know, the only food desert in St. Joseph County is only in our City. Also Fourth District with industrialization, a major concern focuses on colony collapse and other diseases. Local honey bees are always better for any food source needing David Varner pollination. There is a local grass roots group, along with Unity Gardens who are Fifth District willing to help with educational outreach and training. They are also working to raise money so that they can donate two (2) bee keeper suits to the Department of Oliver J. Davis Code Enforcement. Sixth District Because honey bee keeping may be new to some of you, I am attaching the "List Derek Dieter of Assistance for Bee Keeping in Indiana" which the Indiana Department of At Large e National Resources (DNR) posts on their website, which is referenced in footnote Gavin Ferlic 4 4, as well as a drawing of a flyway barrier. At Large I look forward to discussing this with you when it is referred to the Council's Karen L. White Health and Public Safety Committee for review and recommendation, with 2"d & At Large 31'd readings and public hearing proposed for May 29 '. Thank you. Si Filed In t .. F Office Tim Scott ,�,.... ,.. ®.M.. rv....� I"District Council Member, L MY CLER&, IN O Urban Beekeeping: A Guide to Keeping Bees in the City Author: Craig Hughes FOR INFORMATIONAL PURPOSES ONLY: An example of hive and flyway barrier: Pyway Barrier Mae it as i E V� it I • Mm, 5 IS, Water Y .y 'SUPPLY Filed In C�.O et OMC MAY 8 •- ?013 Cf iy CLFRr,,ZU-- D K 8EkD,1N List of Assistance for Beekeeping in Indiana CONTACT FOR PESTS OR DISEASES Kathleen Prough Dr.Greg Hunt State Apiary Inspector Honey Bee Specialist Indiana Department of Natural Resources Department of Entomology Division of Entomology&PIant Pathology Purdue University 402 W.Washington St.,Rm W290 West Lafayette,IN 47907 Indianapolis,IN 46204 Phone:765-494-4605 Phone.317-232-4123 E-mail:ghunt(a,p(ardue.cdu Fax: 317-232-2649 www.entm.purdue.edu/entomology/research/bee E-mail:lc rou h dnr.INN. ov www.fN.Rov/dnr/er)tomolo USDA BEE DISEASE DIAGNOSIS Bee Research Laboratory Building 476,BARC-East Beltsville,MD 20705 Phone:301-504-8205 Fax: 301-504-8736 Main page: httn://www.ba.ars.usda.goy/psi/braipblights.htm Directions to send samples in:http://www.ars.usda.gov/Services/docs.htm?docid-7472 BEEKEEPING ASSOCIATIONS State Associations: There are two state associations. Join both and go to their meetings. Indiana State Beekeeper's Association Indiana Beekeepers'Association www.hoosierbuzz.com www,indianabeekeeper.com President:Dave Shenefield,765-981-4443 President:Chris Burke,317-835-2110 Vic President:Larry Kemerly,317-539-7697 Vic President:Kenney Schneider,812-951-3737 Indiana Beekeeping School WWW.iDdianabeekeMingschool.com/ Holds a beekeeping class in January Filed irp office MAY 8 o1 C co l K',+ ` I'd"` tv BEAD,#U List of Assistance for Beekeeping in Indiana Local Associations: Northern Indiana: Northeaster Beekeepers Association Michiaaa Beekeepers Association www.Neiba.info North Central Indiana&South Central Michigan Fort Wayne area,and surrounding counties President:Bob Baughman,574-232-2983 President: Ted Braun,260-625-3477 e-mail:bob.deb.bau ghm an@sbc:zlobal.net Northwestern Indiana Beekeepers'Association Lake Shores Beekeepers Association www.nwibeekeppers.com NW Indiana and SW Michigan Crown Point area,and surrounding counties Contact:Dave Laney,574-656-8701 President: Ed Rice,219-781-8526 e-mail:davelaney@kconline.com e-mail: ebrjcg@�prodijzy.net Central Indiana: East Central Indiana Beekeepers Association IO°Clack Bee Line Beekeepers Anderson-Muncie area Nashville area,and surrounding counties Contact: Steve Doty,317-485-5593 Contact:Mark Partridge or Tony Gaudin e-mail: isdoty@indy.net Mark: 812-988-9390 c-mail: indyp art rid e aol.corn Tony: 812-597-1801,e-mail: asgaudin@msn.com Sugar Creek Beekeepers White Lick Beekeepers Association Terre Haute-Rockville area www.WhiteLickBeeke ers.or contact: Pam or Steve Hauser,765-569-5559 Mooresville-Indianapolis area e-mail:steve(o)cozynestfarm.com Contact: Randy Morris,317-834-3575 Wabash Valley Beekeepers West Central Beekeeper's Terre Haute to Bloomfield area,and surrounding counties Lebanon area,and surrounding counties Contact:Perry Riley, 812-898-1385 Contact:Mike Schluttenhofer,765-482-4384 e-mail:riley.honey.farinna,gmail.com e-mail:mrschlutt@iliines.net Central Indiana Beekeepers Noblesville area,and surrounding counties Contact: Sam Dodd,317-353-2475 e-mail: cumberlandel(it friendly.com Southern Indiana: Southeast Indiana Beekeepers Association Southwest Indiana Beekeepers Association www.indianahoney.org Southwestern Indiana area Southeaster Indiana area Contact:Kim Fromm,812-483-0453 Contact:Jim Orem,812-623-2062 e-mail: mail na houseomthehill.com e-mail:iorem@nalu.net �.- Spring Valley Beekeepers Filed fn : Office South Central Indiana area4 Contact:Kenny Schneider,812-951-3737 gp MAY ..r k CITY C _. ,tiol 1N.,. List ®f Assistance f®r Beekeevina in Indiana NATIONAL BEEKEEPER A.SSOICIATIONS Heartland Apicultural Society www.heartlandbees.com Eastern Apicultural Society www.eastemia piculture.org American Beekeeping Federation www.abfnet.or American Honey Producers Association ww.w.americanhoneyproducers.or BEEKEEPING JOURNALS, ROOKS & INFORMATION American Bee Journal 217-847-3324 www.dadant.com infor a�americanbeejournal.com Bee Culture 800-289-7668 www.becculture.com WicWas Press,LLC 1620 Miller Rd. Kalamazoo,MI 49001 203-435-0238 www.wiewas.com National Honey Board www.honey.com Iffice Filed W I ]yf A 8 - 6013 CM CLERK, J- 1END,IN SUBSTITUTE BILL NO. 22-13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the current regulations addressing honey bee keeping within the city limits have not been updated in recent decades. t It is acknowledged that the State of Indiana aids and assists in the "development and protection of the bee and honey industry..." as further addressed in Indiana Code 14 -24 -2. It is further acknowledged that the Indiana Department of Natural Resources (DNR) Division of Entomology and Plant Pathology maintains a government website posts and maintains information on honey bees at www.in.gov /dnr /entomolo /5746.html and also at www.in.gov /dnr /entomolo /2893.html On January 7, 2010, the Congressional Research Service provided to Congress a report on the "Honey Bee Colony Collapse Disorder ". This 17 -page document noted among other things that the State of Indiana was one of thirty -five states affected by the colony collapse disorder (CCD) where an "alarming number of bee colony losses and die - offs" began in late 2006. Symptoms of CCD include: rapid loss of adult worker bees; few or no dead bees found in the hive; presence of immature bee; small cluster bees with live queen present; and pollen and honey stores in hives which may be caused by pathogens, parasites, environmental stresses and poor nutrition. Part of the U.S. Department of Agriculture's Action Plan to address CCD include increased educational and outreach programs aimed at improving the "general bee health and reduce susceptibility to colony collapses and other disorders..." Current reports for 2013 show the highest level of commercial colony losses at an average of 55 %. Much has changed in recent years with regard to municipal honey bee keeping regulations. Many municipalities have established honey bee keeping regulations, some of which include Evanston, Illinois; Cleveland, Ohio; Salt Lake City since 2009; Provo, Utah since 2011; Madison, Wisconsin since 2012; Minneapolis, Minnesota since 2009; Milwaukee, Wisconsin since 2010; Spokane, Washington — just to name a few. In 2010, New York City lifted its ban on bee keeping within its city limits. New York City permits the honey - producing Apis mellifera bee, which can produce as much as 100 pounds or more of honey annually. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana, by setting forth reasonable honey bee keeping regulations. Honey Bee Keeping Regulations Ordinance Page 2 91Q, AM ;&m, &a &rdwrud by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 3, Section 5 -15 (a) and (d) of the South Bend Municipal Code are amended to read as follows with all other said provisions remaining in effect: Sec. 5 -15. Acreage Requirements for Certain Domestic Animals (a) Any person desiring to raise any of the following named domestic animals or fowl must have a minimum of five (5) contiguous acres in land: (7) Bees. Reserved. Section II. Chapter 5 of the South Bend Municipal Code shall be amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Honey Bee Keening Regulations.) Sec. 5 -50 Legislative Findinis. (a) The Common Council finds that honey bees can be maintained within populated areas without causing a nuisance if honey bees are properly located managed and maintained (b) Honey bees are a benefit to society by pollinating flowers gardens and trees and thereby contributing to the local ecosystem; as well as f n- nishing honey, wax and other useful products. (c) The regulations set forth in this Article are in the best interests of the health safetX ' Indiana Code § 14- 24 -2 -4 sets forth the duties for the Division Director in the protection and development of the bee and honey industry in the State of Indiana. s Section II. Chapter 5 of the South Bend Municipal Code shall be amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Honey Bee Keening Regulations.) Sec. 5 -50 Legislative Findinis. (a) The Common Council finds that honey bees can be maintained within populated areas without causing a nuisance if honey bees are properly located managed and maintained (b) Honey bees are a benefit to society by pollinating flowers gardens and trees and thereby contributing to the local ecosystem; as well as f n- nishing honey, wax and other useful products. (c) The regulations set forth in this Article are in the best interests of the health safetX ' Indiana Code § 14- 24 -2 -4 sets forth the duties for the Division Director in the protection and development of the bee and honey industry in the State of Indiana. Honey Bee Keeping Regulations Ordinance Page 3 and welfare of the city.2 Sec. 5-51 Definitions. As used in this Article, the following words, terms and phrases shall have the meanings set forth herein: Apiary: the assembly of one 1) or more hives or colonies of honey bees at a single location. Beekeeper • a person who keeps honey bees in hive(s) which meet state approved requirements Beekeeping Equipment: anything used in the operation of an apiary such as hive bodies supers frames, top and bottom boards and extractors. City: City of South Bend, Indiana. Colony: the entire honey bee family or social unit living together including the queen workers and drones. Flyway barrier: fencing, dense hedging or a combination of the two, which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. 3. Hive: a frame or structure used or employed as a domicile for honey bees which meet state approved requirements. Honey Bee: the common domestic honey bee, limited to the Apis mellifera species specifically excluding the African hone bee, Apis mellifera scutellata or Africanized honey bee or any ybrid thereof. Lot: a piece parcel plot or tract of land designated by its owner or developer to be used developed or built upon as a unit under single ownership or control and may consist of: (1) A single lot or record: or (2) A combination of complete lots of record. a Sec. 5 -52 Honey Bee Keening Public Safety Regulations. (a) Any person desiring to raise the common domestic honey bee limited to the Apis mellifera species, must comply with the following public safe1y regulations `Indiana Code § 36- 1 -4 -11 authorizes a city to pass, codify and enforce ordinances; and Indiana Code § 36 -1 -3 -2 grants to cities "...all the powers that they need for the effective operation of government as to local affairs ". 3 Flyway barriers assist in deterring honey bees from contact with humans and domesticated animals. 4 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "lot" Honey Bee Keeping Regulations Ordinance Page 4 (b) No hive shall exceed seventeen (17) cubic feet in volume (c) Location Requirements: 1. Where a lot has a fence, hives must maintain a four foot (4') radial distance from the property line as measured from the center of the hive 2. Where a lot does not have a fence hives must maintain a four foot (4') radial distance from the lot line as measured from the center of the hive The beekeeper must also install a flyway barrier no further than four feet (4') in front of the hive entrance 3. In no event shall a hive be located closer than ten feet (10' ) from a public sidewalk 4. Colonies may be kept on flat roofs without setback or flyaway barrier restrictions 5. For a lot without a perimeter fence a fence which surrounds the entire hive(s) shall be compliant with the zoning regulations set forth in South Bend Municipal Code & 21 -02.11 and apiary practices. 6. A fresh supply of water shall be provided for all hive(5 (d) The honey bees and equipment shall be maintained in accordance with the applicable provisions of the Indiana Code and apiary practices addressing honey bees recommended by the State of Indiana's Apiary Inspectors) with the Indiana Department of Natural Resources Department of Entomology Division of Entomology and Plant Pathology Purdue University being recognized on the official State of Indiana website. 6 Sec. 5 -53 Compliance Required; Penalties. (a) It shall be unlawful for any person to kee or maintain an MiLM hive or colony in the City which is not in compliance with this Article (b) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code Enforcement which provides for a fine of seventy -five dollars ($75.00) per violation payable through the Ordinance Violations (c) Each violation shall constitute a separate and distinct offense Everyday any violation of this Article shall continue shall constitute a separate offense 5 A fresh supply of water for honey bees deters honey bees from congregating at swimming pools, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic pet contact; so long as it does not become stagnant. 6 A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in.gov /dnr /entomolo /files /gp- indiana beekeeping infor nation.p f Honey Bee Keeping Regulations Ordinance Page 5 (d) Any apiary, hive or colony which threatens public health or safety' or creates a Public nuisance; or which has been abandoned is unlawful The City is authorized to take all reasonable action including removal and/or destruction of any apiary, hive or colony which is deemed necessary. Section 111. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended by the inclusion of the following and inserted into the chart in proper numerical order: 5 -54 Honey Bee Keeping Regulations $75.00 Section IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and 1 a pu 1 Tim tt, Ist ' t 'ct�Co ncil Member �r s.� Office of the City Clerk Derek D. Dieter, Council Member at Large �x'x�e�zted G� me to d� y� y�(W.A Mind Jr.A w, on the day of 2013 at o'clock m. Office of the City Clerk ,9jowedand O by me on the day of , 2013 at o'clock _.m. Pete Buttigieg Mayor of the City of South Bend, Indiana �,pU TR City of South Bend \� Common Council It 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter July 2, 2013 President (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Oliver J. Davis Members of the Common Council Vice - President 4th Floor County -City Building South Bend, Indiana 46601 Karen L. White Chairperson, Committee Re: Substitute Bill No. 22 -13 Honey Bee Keeping Regulations of the Whole Dear Council Members: Tim Scott First District On May 8t" Bill No. 22 -13 was filed with the Office of the City Clerk along with: Henry Davis, Jr. Second District • A cover letter summarizing the proposed regulations • List of Assistance for Beekeeping maintained on the State of Indiana's Valerie Schey Department of Natural Resources (DNR) website Third District • Diagram depicting an example of a hive and flyway barrier from Craig Fred Ferlic Hughes publication entitled Urban Beekeeping: A Guide to Keeping Fourth District Bees in the City David Varner Since this filing, many individuals have become engaged in the many benefits Fifth District provided by honey bees, and especially their contributions to the local ecosystem. Many communities have permitted honey bees in populated areas without a Oliver J. Davis nuisance being caused by passing reasonable public safety regulations. Sixth District The South Lawn of the White House has maintained a hive since the Spring of Derek Dieter 2010. Some of the ordinance reviewed in the drafting of Substitute Bill No. 22 -13 At Large e include but are limited to: Cleveland, Evanston, Fredericksburg, Madison, Gavin Ferlic Minneapolis, New York City, Salt Lake City, Spokane, as well as regulations At Large from the Indiana Department of Natural Resources (DNR) and the New Jersey Department of Agriculture. Karen L. White At Large "Bee Schools" have been conducted at several Ivy Tech Community Campuses since 2009 in Fort Wayne, Indianapolis, Terre Haute, Columbus and Nashville. Substitute Bill No. 22 -13 sets forth fair and reasonable public safety regulations. It is a streamlined version of the original bill, without weakening safety. I am also filing with the Office of the City Clerk the Congressional Research Service January 7, 2010 publication entitled Honey Bee Colony Collapse Disorder. This 16 -page document highlights the losses in the honey bee I am also filing with the Office of the City Clerk the Congressional Research Service January 7, 2010 publication entitled Honey Bee Colony Collapse Disorder. This 16 -page document highlights the losses in the honey bee Substitute Bill No. 22 -13 July 2, 2013 Page 2 population, many of which have been caused by pesticides and chemicals. It also details possible causes of the Colony Collapse Disorder. I look forward to discussing these proposed regulations with you at the Health and Public Safety Committee. Additionally, beekeepers from the community will be in attendance at next Monday's Common Council meeting to present a power- point presentation and provide additional comments which show that public safety concerns are being properly addressed.. I seek your support. Tim Sco 1 s' District Council Member South Bend Common Council Derek D. Dieter Council Member at Large South Bend Common Council Attachments File A =} S i A "M BEND, IN RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5405 ROYAL STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Tampico Developments, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5405 Royal Street in Crescent Oaks Section 1, South Bend, Indiana, and which is more particularly described as follows: LOT 3 OF CRESCENT OAKS, SECTION IA, AS RECORDED AS INSTRUMENT 0839817 in the Office of the Recorder of Saint Joseph County, Indiana. and this property has Tax Key Number 026-1035-058993 as an Economic Revitalization Area and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3862-08 on May 12, 2008. WHEREAS, the petitioner will exceed the five year designation period granted in the Confirmatory resolution which will expire on May 12, 2013 I WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Confirming Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for residential property tax abatement only and is now limited to six (6) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted residential property tax deduction for a period of five (5) years. SECTION III. 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 p: Y:'' I-�y„f 4.5 vi�`.�� nf?7 c;a." :St k`.',� & E : ,, �3 hea'.1 slid co jld action oil ft ISS N 'filcla 9 LF11 CITY°0 14w E SEND, ,f� 2 227 W.jrTrrRSoy BOUI.Ei'ARD �Q� Suri-E.1400& ^� `p. . /% PHONE:574/235-9371 F. So A H BEND,IN 46601-1830 x:574/235-9021 t: CITY OF SOUTH BENID PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT June 3, 2013 SCOTT FORD, ExEcUTWE DIRECTOR Council Member Henry Davis, Chairperson Community& Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Property Tax Abatement Petition for: Tampico Developments, LLC Dear Council Member Davis: Tampico Developments, LLC was approved for a five year residential tax abatement through Resolution 3862-08 adopted by the Common Council on May 12, 2008. They would like to receive a one year extension on the abatement. There is one remaining lot that needs to be sold in the Crescent Oaks development, They would like to have the tax abatement extended for an additional year so they can market the lot with a tax abatement benefit. In their original petition dated April 7, 2008,they stated they intended to develop 9.82 acres of agricultural farmland into 31 residential lots. The development was to include 1,427 linear feet of public streets, one stormwater retention area, and the associated public and private utilities. The homes were to be built by Weiss Homes and were to range in size from 1,300 to 2,000 square feet. The estimated price of each home was $185,000. Total taxes to be abated during the five year period on one home were estimated at$10,262.19. Total taxes to be paid during the five year abatement period on one home were estimated at $7,45 1.34. A representative of the company will be available to meet with the Committee on Monday, March 11, 2013. To accomplish this request, a tax abatement recipient must notify the Council in writing and submit a revised Statement of Benefits (Form SB-1). Attached you will find a letter from the company's representative, Bradley E. Mosness, PE of Abonmarche Consultants,Inc. ,requesting the one year extension of the abatement. Included is a letter from Bradley Mosness along with an Exhibit showing the location of the last lot. Attached is the new SB-1. Should you or any of the other Council members have any questions concerning the report or need additional information, please feel free to call me at 235-9278. sincerely, Kathy Hahn Economic Development Specialist MANNING ,NncAk�ikf jooD ENGAGEMENT ECCINDV(IC Rr'soCrR(:Es JITI\h'Afti - .!�;1t,. I,WAFLA C.VIE7TR DOti�1LL)E'.1NILC 227 W,JEFFFP50NB0iA.kvAR , // x T:5741235-9371 S }400 S. PEON AttaC ljt E- FAX 5741235-9021 - c: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford CITY OF SOUTH BEND PETE Z3UTTIGIEG,MAYOR Don Inks COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE.DIRECTOR RIANNING NmcHBomiom)ENGAGPMENT ECONOMIC Rt tiouRG.ES JIT1N KAiN P?ME.3 C.mny..R DON, a>,v F.Jzaxs STATEMENT OF BENEFITS 4 j REAL ESTATE IMPROVEMENTS so�PAY 20� `•, State Form 51787(83112-11) FORA9 51911 1 Real Property Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code(check one box); ® Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) ❑ Eligible vacant building(IC 6-1.1-12.1-Cli) INSTRUCTIONS: I- 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 staiement muss be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes fQ claim a deduction. 'Projects'planned or committed to after July 1, 1987,and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS_ f1C 6-1.1-12.i) 2 oFthe ( vedauncll, Town Boaro County Council etc_)most be obtained prarto nGtn BEFORE o deduction maybe rro of the redevelopment or rehabilitation, 3, To obtain a deduction,application Form 322 ERA/RE or Form 322 ERAIVED, Whichever Is applicable,must be filed with the County Auditor by the later of(1)May 10;or(2)thirty(30)days after the notice of addition to assessed valuation or new assessment shown on the records of the township assessor,if any,or the county assessor. is mailed to the property owner at the address 4. Property owners whose Statement of Benefds was approved after June 30, 1991,must attach a Form CF-1/peal property,annually to the appiicatiorr to show compliance with the Statement of Benefits. (lC 6-1.1-12.1-5.1(b)and IC 6-1.1-12.1-5.31.7)] 5. The schedules established under IC 6-1.I-1Z 1-4(d)for rehabilitated property and under IC 6-1,1-12.1-4.8(1)for vacant buildings appl y to an of benefits approved on or after July 1,2000,unless an altemative deduction schedule Is adopted by the designating body 1lC 6-7.1-12.1-a y statement schedules effectfve prior to July iiiji i111110 IN M11 111111 1,2000,shall continue to apply to a statement ofbenefrts Sled before July f,2000. • Name of taxpayer TAMPICO DEVELOPMENTS, LLC Address of taxpayer(numberand street,city,state,and Zip rode) 737 RIVER POINTE PLACE, MISHAWAKA, IN 46544 Name of contact person Telephone number DENNIS SCHWARTZ E-Mail address 574)255-1503 dschW194D aol.com • ® ® e r e •-•-• d •°• Name of designating body CITY OF SOUTH BEND COMMON COUNCIL Resolution number Location of property County 3862-08 ST. JOSEPH 5405 ROYAL STREET DLGF taxing district number Description of real property improvements,redevelopment,or rehabilitation(use additional sheets ifnecessary) 033 year) Estimated start date(month,day, LOT 3 OF CRESCENT OAKS, SECTION 1A 2013 Estimated completion date(month,day,year) e {/- 1 YEAR Current number Salaries Number retained Salaries N/A N/A N/A Number additonal Salaries N/'`, N/A N/A • i ' • s • '•-• a •-e NOTE:Pursuant to IC 8-1.1-121-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE values 30 0000 .0 Plus estimated values of proposed project 155 00 0 50©.00 Less values of any property being replaced N/A Net estimated values upon completion of project 185,000.00 c e e e • -• e _ Estimated solid waste converted(pounds) N/A Estimated hazerdqu waste rted ounds N/A other benefits Q1 ..# r I hereby ce ify that the representations in this statement are true. Signature of ut rized repr entativ Title Date signed(month,da SOLE MEMBER day Page 1 of 2 ® ® R R IMM 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,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar ears expires is Y {see below). The date this designation P S. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑Yes ❑No 2. Residentially distressed areas ❑Yes ❑No 3.Occupancy of a vacant building ❑Yes ❑No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specrty) E. The deduction is allowed for years*(see below), F. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? ❑Yes ❑No If yes,attach a copy of the alternative deduction schedule to this form. 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 bate signed(month,day,year) Attested by(signature and title ofettester) !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 7years. entitied to receive a deduction to a number of years designated under IC 6-1.12-12.1.4. A. For residentially distressed areas, the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000,the deduction period is limited to three(3),six(6)2. if the Economic Revitalization Area was designated after June 20, 2000,the deduction period may not exceed ten(10)yea C. For vacant buildings,the deduction period may not exceed two(2)years. Page 2 of 2 Engineering =fSkBONMARCHE ED FEB 8 Architecture Confidence 8y Design Land Surveying Marina/Waterfront Community Planning landscape Architecture Development Services February 7, 2013 Members of the Common Council City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 RE: 5405 ROYAL STREET (LOT 3-CRESCENT OAKS, SECTION 3 A) Residential Property Tax Abatement Resolution 3862.03 Request for Extension Dear Council Members: On behalf of the current Owner, Tampico Developments, LLC, c/o of Denny Schwartz, we are submitting a request to extend the residential property tax abatement for the above referenced property and identified on the attached Exhibit A. This property is the last remaining lot to be developed within this section of Crescent Oaks. All the other lots within this section have been developed and are benefiting from the tax abatement. The Owner respectfully requests your consideration to extend the tax abatement for an additional year so he can continue to market this lot with the some benefit. If you have any questions or require additional information regarding this request, please do not hesitate to contact our office. Sincerely, ABONMARCHE CONSULTANTS, INC. ,�,,, ........_ File-, pp ice �.s.�.nnrwnr.w Bradley E. Mosness, PE er Project Manager r` J gI cc: Denny Schwartz File CITY €` 750 Lincoln Way East 3177 willowcreek Rood 95 West Main Street 361 First Street 503 Quaker Street South Bend,IN 46601 Portoge,IN 46368 Benlon Harbor,MI 49022 Manistee,MI 49660 South Haven,MI 49o90 574.232.8700 219,850.4624 269.927.2295 231.723.1198 269.637.1293 www,obonmarche.com 30% "CAN ricte�":kE:� G ���1 PAGE IOF2 EXHIBIT Ott E n �a�i d S�= ��• Ai F � r I� s wk q I Ilk 11�� ' , Y RbBR � S t r U;11 b s j sae •= i p `Jje tip $ yet R i $ R gig - os b R R - r 1 T--... :>7 m <? g� s t- , i' 1 _ i_■ E _ _ 1.... _ @ � Am srlrffi 1 RY LL ai 6 1 E Po- 11Cd 1 ' e ! I R I w ! 1 ! t...® -.__ _- 3 1 1 1 I I E _ ----------- ` w 7 I ♦ 1 t-a 7� -----....-------'---------- I It ga r a • { � I S I es$ R -�Mmt�a enr Jul tl r ` 1 >r 11A 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 CRESCENT OAKS - SECTION 2, 2322, 2330, 2338, 2402, 24089 24169 24249 24329 2323, 23319 2339, 2405, 2413, 2421, 25099 2517 BASIN STREET, 2440 BASIL STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 Lots Address Tax K 32 2322 Basin Street 026-1035-059901 33 2330 Basin Street 026-1035-059903 34 2338 Basin Street 026-1035-059902 35 2402 Basin Street 026-1035-059904 36 2408 Basin Street 026-1035-059905 37 2416 Basin Street 026-1035-059906 38 2424 Basin Street 026-1035-059907 39 2432 Basin Street 026-1035-059908 40 2440 Basin Street or 5511 Running-Deer Drive 026-1035-059910 41 2323 Basin Street 026-1035-059909 42 2331 Basin Street 026-1035-059911 43 2339 Basin Street 026-1035-059912 44 2405 Basin Street 026-1035-059913 45 2413 Basin Street 026-1035-059914 46 2421 Basin Street 026-1035-059915 47 2429 Basin Street or 5469 Balboa Park Avenue 026-1035-059916 88 2509 Basin Street 026-1035-059917 89 2517 Basin Street 026-1035-059918 a1I in Crescent Oaks — Section 2, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PARCEL OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST.JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS, SECTION ONE A ;A REPLAT OF CRESCENT OAKS SECTION ONE,AS RECORDED UNDER INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE SOUTH LINE OF SAID CRESCENT OAKS , SECTION ONE A,A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION ONE A,AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST, ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A,A DISTANCE OF 10.93 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A ,A DISTANCE OF 188.50 FEET THENCE SOUTH 89 DEGREES 33 MINUTES 02 SECOND EAST;A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES 03 SECONDS WEST,A DISTANCE OF 191 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES 57 SECONDS EAST, , A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST,A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES 59 SECONDS EAST,A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES 09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05 MINUTES 00 SECONDS WEST,A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER HOLLOW SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID NORTH LINE OF DEER HOLLOW AND THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF THE RECORDER IN ST.JOSEPH COUNTY, A DISTANCE OF 651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 4.81 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS,COVENANTS, RESTRICTIONS,AND RIGHT OF WAY OF RECORD. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-- 12.1 et se q., and South Bend Municipal Code Sections 2-76 et sea., 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 a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et sea., 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 a Residentially Distressed 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 meet the requirements of Indiana Code 6-1.1-12.1 g sea., for tax abatement. SECTION II. 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. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. 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 Comm n Counci 'g`` j3t t �� rt y 4 i f,b sn!yy h)pnn'g�.`aaa 6a2,.-_`"c"�€i' "air' ' �_ � ;3 3 <s`1 9 end �4F�. � ;;until c1�on ' tE m Lassa. Ci Y�"f"�F�$., �ov,.mPT 227 W,JEFFERSON BOULRVARD PHONV,:574/235-9371 SUIT 1400 S. z FAX:5741235 9Q21 Soumf BEND,IN 46601-1830 f U \� , a J965 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR June 3, 2013 Council Member Henry Davis, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Tampico Developments, LLC— Crescent Oaks, Section 2 Dear Council Member Davis: Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by Bradley Mosness of Abonmarche Consultants for Tampico Developments, LLC. They intend to develop the undeveloped agricultural property into eighty residential lots located within Crescent Oaks, Section Two. The initial tax abatement was granted in 2008 but since the housing market has slowed only 18 lots of the proposed 80 lots have been recorded and received tax identification numbers. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to develop the eighteen lots at a cost of$2,700,000. The project meets the qualifications for a (5) five-year real property tax abatement. The'petitibribr will be available to meet with the Committee on Monday, June 24, 2013. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-9275. Sincerely, Kathy Hahn Analyst, Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg SQott Ford PIANNING N FGH AORHOOD ENGAGEMENT ECONOMIC I2EsouRCE5 JIf IN KAIN PAMELA C.MF.YF.R DONALD E.INKS r9 . i 227 W.JEFFERSON BOULEVARD PHONE:5741235-9371 Sulry 14 00 S. G j' FAx:5741235-9021 Sohn-I BEND,IN 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INV'ES'T'MENT SCOTT FORD,EXECUTWE DIRECTOR T'A.XABATEMEVT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HA14N SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: TAMPICO DEVELOPMENTS, LLC— CRESCENT OAKS, SECTION 2 DATE: June 3, 2013 On November 10, 2008 through resolution# 3921-08,the petitioner was granted a five year residential tax abatement for un-platted real property located approximately % mile south of the intersection of Jackson and Ironwood Roads on the east side of Ironwood (NW %, Section 32, T3 7N,R3E).Since then only 18 of the 80 lots have been recorded and received tax identification numbers. In a new petition filed May 31,2013 Tampico Developments LLC is requesting a new five year residential tax abatement in order to market these 18 lots with a tax abatement incentive. Pursuant to Chapter 2, Article 6, Section 2-77.1 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 a Residentially Distressed 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 DESCRIPTION Tampico Developments, LLC intends to eventually develop 19.9 acres of agricultural farmland into 80 residential lots. This request is for 18 lots which currently have tax identification numbers. Homes have been started on four of the lots under the previous abatement. The lots will be located within the proposed development called Crescent Oaks, Section 2. The homes will range in size from 1,400 to 1,800 square feet and will contain three bedrooms and have basements. S PIANNING NF.IGHBORHOO D ENGAGEMENT ECONOMIC RlsouRcxs JITIN KAIN PRMEu�C.Mr-'YF,R DONALD E.INKS South Bend Common Council RE: Tampico Developments, LLC June 3, 2013 Page 2 The estimated average price of a home is $180,000. Total taxes to be abated during the (5) five-year abatement period on one home are estimated at $8,747. Total taxes to be paid during the (5) five-year abatement period on one home are estimated at$1,819. For 18 homes,the taxes abated would be$157,446 for five years and the taxes paid would be $32,742 for five years. ABATEMENT QUALIFICATION I. A review of the tax abatements previously granted, finds that the petitioner, Tampico Developments, LLC, has been associated with or granted the previous tax abatements. Term/Type Resolution No. Date 5 year real property 3352-04 07/12/04 5 year real property 3398-04 10/25/04 5 year real property 3480-05 07/08/05 5 year real property 3862-08 05/12/08 5 year real property 3921-08 , 11/10/08 2. The Building Commissioner has reviewed'this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction, r *k CJ Q O Q a O d O Q O O o D O Z Ca a o 0 a O z Q a C'7 N d 00 O D 0 O O C� O aO d O O m C) C�0 0 '7 d O C7 C] a co r� t__ 0 C) � ct `--' c') co Q) -� CO z o �oQ7oao0 OQC]U a -- aaaod ZCzo c� cflo.~ C) Ca o O Ca o C7 0 (N 0 d o Ca d O p O o oC? ar> r� N d oCoo LO cO u(i D ¢X U) LO 't 't tO N co T_ a � F- D � D odo oo 0x d O Q O O 0 0 QQQo o co cc r, t- 00 cc N O c6 ZZZ ❑ ~ OQpO0OO d m 0 C r 00 O O0CDC c0 N cY co co co- C6 CY5 U5 C6 CL LO CY5 C4 c 1 W t '�`q\I LO Yy � Q) o co T- (D } 0 -� 0 ce) U c L 3 '�u 0 > Q) (D a a) U cu D C7 "0 rn 70 co a) v v E C D ❑ a= Q) 0 D _ (D 0 3 D O 0 U O a= D (� a) 3 Q) E `D c6 v- -, U E a) 0 -0 aL � D > E 0 c� c0 D D L) a � > D E D = � a? � -0 JIaD) X x - U a) W o X .0 ¢ N cn W "0 0 0 Q rn D 0 W Q 0) n Q W U' U (D m, a) Q D E Q Q Q a) o Z X06 Q Q V C Z V J � Z m z a a) f"� , CII L_ LU D ❑ ..J E � Cl/) U }- � z fl] fIJ Vj N 0 (n to _0 D v) cn 1[� U) _f J J ! 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O 0) O CA f� (1) � C � It Cl) r <t C d d �- !� u � O Q � ti lti ~ v 2 (6 M Uj C O O 2 Q) U "C3 (4 O C(5 >M (1) Lr) LO N d N 'N 47 ul t0 ul UQ us UD O x N N N N N cV 7 to � -0 U) � r CO It r r ['- r r r V) � C O O m N r N N N N N N Ca C co L N "O r O C ,_ C U O O O O C0 0 0 E C 0 0 O Q 0 0 0 L C j C7 O f� ,, uOj N O C0 O O O p In -Q 4) C C,Co O +s) z N m � O O O O > O c9 V) > M M M M M > T- C7 Q ti ti 1` A c6 O N C CO O [IF O to cff m -10 �-- N M V us Q a) q CO >- L = 4 Z3 00 O co .0 lti 'C � � _C Cl O s U cD CL C(S Q- co 3 N N O Q M U .Y `� (� E v E ` a cu m Z m U C3 Q w CL E v V x N x c --- m U) co U 7 Engineering onfidenae ey Design Architecture Land Surveying Marina/Waterfront Community Planning Landscape Architecture May 30, 2013 Development Services Members of the Common Council - City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 RE: CRESCENT OAKS, SECTION TWO Request New Five (5) Year Residential Property Tax Abatement Dear Council Members: On behalf of the current Owner/Developer listed below, we are submitting a request for a new five (5) year residential property tax abatement for the above referenced project. Since the initial fax abatement was granted in 2008, the housing market slowed considerably; therefore, only 78 lots out of the proposed 80 lots in the initial fax abatement have been recorded and received fox identification numbers. The initial tax abatement is scheduled to expire later this year and we respectfully request your favorable consideration on this request. Current Owner Develo er Tampico Developments, LLC c/o Dennis Schwartz, Sole Member 737 River Pointe Place, Mishawaka, IN 46544 (574) 255-1503 j dschwl940 @aol.com By approving a second five (5) year tax abatement, the Owner can continue to market these lots with this incentive. The City will still receive the additional taxes generated from the improvements based upon the five (5) year abatement schedule. After the abatement expires, the City will then receive 100 percent of the property taxes from each lot. If you have any questions or require additional information regarding this request, please do not hesitate to contact our office. Sincerely, ABONMARCHE CONSULTANTS, INC. FEW f Y a ork' Bradley E. Mosness, PE _. Project Manager Cirf CLERK, say' L cc: Dennis Schwartz File 750 Lincoln Way Fast 3177 Willowcreek Rood 95 West Main Street 361 Firsi Street South Bend,IN 46607 Portage,1N 46368 Benton Harbor,MI 49022 Manistee,MI 49660 '503 Quaker Street South Haven,MI 44090 574.232.8700 219.850.4624 269.927.2295 231323.1 198 269.637.1293 www.abonmcarche.com — � CITY OF SOUTH BENTS, INDIANA REQUIREMENTS FOR ALL PETITIONS SEEDING SINGLE-FAMILY RESIDEN'T'IAL DEVELOPMENT REAL PROPERTY TAY, ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single-family residential development real property tax abatement consideration for development of multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: 4 Filing Floor County-City uild�n Office of he Ci Clerk. File with the Office of the City Clerk, g, South Bend, Indiana 46601, prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single-family residential construction where multiple parcels are involved and which is specifically addressed in § 2-.77.1 of the South Bend Municipal Code, the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. Required Contents of Information Statement, Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any, and contact persons(s) which must include the following: Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana A map of the development addressed by the abatement listing the property key number for the parcel in question as well as its street address e Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated Verification of the petitioner's (developer's) duties with regard to the Statement of Benefits form (SB-1) Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must he completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement An attachment of the Confirmatory Resolution which approved the abatement in question e Inclusion of contact information, including but not limited to: Department of Community Investment I400S County-City Building South Bend, Indiana 46601 (574) 235-9371 (574)235-9021 Facsimile St. Joseph County Auditor's Office 2nd Floor County-City Building South Bend,Indiana 46601 (574) 235-9668 (574)235-5024 Facsimile Office of the City Clerk 4th Floor County-City Building South Bend, Indiana 46601 (574) 235-9221 (574)235-9173 Facsimile Required Filing of All Revised Information Statements: Any information Statements which are revised should be filed with the Office of the City Clerk as soon as practicable by the petitioner/developer, and in no event filed later than their first use with prospective property owners in the affected tax abatement area. I, Dennis Schwartz, the petitioner of record seeking single-family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as Crescent Oaks, Section Two, hereby acknowledges the requirements set forth herein and agree to abide by such conditions. (Signature) Dennis Schwartz, Sole M[em Tampico Developments,LL 737 River Pointe Place, 114ishawaka, IN 46544 (574)255-1503 Witness Signature SHANE:MATTHEW WA4 N RR Y n) 7 C- NOTARY PUBUO Printed Name and Offs jal Capacity SEAL Address: STATE OF Ihl01" MY COMMISSION I RRES APRIL E,2015 City/State/Zip: Phone No.: Signed this day of 44� . x,.2011... (Rev.5113111) 4 w.l��ti i F sly;[[. y..SUyY STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS i State form 51767(R3112-11) - ✓` Prescribed by the Department of Local Government Finance F®��S�-f f Real property This statement is being completed for real property that qualifies under the following Indiana code(check one box): ® Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.10 ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) INSTRUCTIONS_ I- This statement must be submitted to the body designating the Economic Ravilaftzation Area prior to the public hearing ff the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area, otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real.property for which the person wishes to claim a deduction. Arojects'planned or committed to after July 1,1987,and areas designated after July 1, 1987,require a STAT1=/,BENT pF BENEFITS_ (a 6.1.1.121) 2. Approval of the designating body(City Council, Town Board,County Council,etc.)must be obtained priorto inrtia6on of the redevelopmenf or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction,appficafon Farm 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable,must be filed with the County Auditor by the later of-(1)May 10;or(2)thirty(30)days after the notice of addition to assessed valuation or new assessment is m rty owner of the address to the prope shown on the records of the township assessor,if any,or the county assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Reat property annually to the application to show compliance with the Statement of Benefits. (1C 6-1.1-12.1-5 1(b)and!C 6-1.1.12.1-5.3d)j 5. The schedules established under!C 6-1.1-12.1-4(d)for rehabilitated property and under 1C 6-1.1-12.1-4.8(1)for vacant buildngs apply to any statement of benefits approved on or after July 1,2000,unless an alternative deduction schedule is adopted by the designating body PC 6-1.1-12.1-17). The schedules effective prior to July 1,2000,shalt continue to apply to a statement ofbenefils filed bafore July 1,20011_ e ®- F e of taxpayer TAMPICO DEVELOPMENTS, LLC ess of taxpayer(numb-and street city state,and ZIP code) 37 RIVER POINTE PLACE, MISHAWAKA, IN 46544 Name of contact person Telephone number DENNIS SCHWARTZ E mall address 574 255-1503 dschw1940 2ol.cafn Name of designating body CITY OF SOUTH BEND COMMON COUNCIL Resolution number Location of property 3926-08 County 3926-08 taxing district number NW 114, SECTION 32, TOWNSHIP 37N, RANGE 3E ST. JOSEPH 033 Description of real property improvements,redevelopment,or rehabit Cation(use additional sheets if necessary) Estimated smart date(month,day,year) CRESCENT OAKS, SECTION TWO- 18 RESIDENTIAL SINGLE-FAMILY LOTS 2013 .(4 ALREADY DEVELOPED/STARTED) Estimated completion date(month,day,year) +l-5 YEARS Current number Salaries Number retained Salaries Number additional Salarias N/A N/A N/A N/A N/A N/A 7Plusel nt to IC 6-1.1-12.1-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS COST ASSESSED W�LiE 540 000.00 71,900.00 Parent Parcel values of proposed project 2 700,000.00 Less values of any property being replaced Net estimated values upon completion of project 3,240 000.00 Estimated solid waste converted(pounds) N/A Estimated hazardous waste converted(pounds) N/A Otherbenefits NIA ri 3 1 L �1 L 1�ialo�ISi'k� •:r t,.1 Rj.•,.k.s...�'9+''� i� i hereby ' that the representations in this staters tare true.Sigrtatur f a onzed rep r Mall Title Date signed(month,day,year) SOLE MEMBER ar ®! Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and#ind 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, provides for the following Itmltatians 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 3. Occupancy of a vacant building ❑Yes ❑No C. The amount of the deduction applicabie is limited to$ D. Other limitations or conditions (specify) E. The deduction is allowed for years*(see below). F. laid the designating body adopt an alternative deduction schedule per IC 6-1.1--12.1-177 ❑Yes ❑No If yes,attach a copy of the alternative deduction schedule to this form. 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) Attested by(signature and Title of attester) Designated body *If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1,12-12.1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. If the Economic Revitalization Area was designated after June 20,2000,the deduction period may not exceed ten(10)years. C. For vacant buildings,the deduction period may not exceed two(2)years. Page 2 of 2 CITY OF SOUTH BEND, INDIANA PE'T'I'T'ION FOR RESIDENTL&L TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bencl, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I C 6-1.1-12.1-1,et seq., and South Bend Municipal Code Sec. 2-76 et seq..,for this petition states the following: I. Describe the proposed construction project, including information about square footage, numbers of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): CRESCENT OAFS SECTION TWO IS A SINGLE-FA MILY RESIDENTIAL DEVE- PMENT. SECTION TWO IS APIPROXIM LT—E,Y 4.8 AC RES AND INCLUDIES 18 LOTS OF WHICH 4 LOTS HAVE BEEN EITHER DEVELOPEII OR STARTED. THESE LOTS WILL RE SERVICEII BY CITY STREETS AND_UTILITIES. HOMES ON AVERAGE W LI. RANGE ®1VI 1 400 — 1 800 SQUARE FEET CONTAIN 3 RLDROOMS AND HAVE BASE ENTS. 2. Estimate the dollar value of the construction project(do not include Iand cost): $2.700 000± 3. The real property for which tax abatement consideration is petitioned (Property)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 Int�st TA MPICO DEVELOPMENTS T,LC 14®% 737 RIVER POINTE PIACE MISHAW IN 46544 4. The commonly known address of the Property is: SEE ATTACHED E IMIT A-1 and having tax key no.: SEE ATTACHED EXHIBIT A-I (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s)is attached hereto, marked EXHIBIT A.-2, and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s)is attached hereto, marked EXH_ I B, and are incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked EXHIBIT C, and incorporated herein. 8. The current assessed valuation of the property before construction is SEE ATTACHED EXHIBIT A (use additional sheet for multiple addresses). (This information may be obtained from the St.Joseph County Assessor's Office, 235-9523). 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): SEE AT'T'ACHED EXHIBIT A-1 This information may be obtained from the St.Joseph County Treasurers office,235_9531) 10. What is your best estimate of the project after completion market value of the property: $3,240 000±. 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building I permit has already been issued). The signature below is verification of this statexnent. LOTS 32-34 8 VE FIT ER BEEN RERMaS FOR THESE LOTS WERE ISSUED TJND THE NT TAX ABATEIVIjM RESOLKI-XI[DN 3926-08. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: N/A 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have unpaired values and prevent a normal development of the property; DUE TO TIDE ECONOA41C DO LYRN AND DECLINE F THE ROUSING ME LAST SEYERa S D L P X7A Q Or ®VEIL LM TO EXTEND THE TAX AI�ATEMENI' FOR ANOTHER 5 ® Eli TV®ill,D AND =-R—ACT PROSPECTI�7E RESIDENTS T® THE DEVELOPI ENS TO 1 I�ET WILL INCREASE THE CITY'S POPULATION AND TAX EASE. CF€ IN `URN 14. The current use of the property is RES CANT L®TS and the current zoning is 5F-1(use). (This information may be obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): N/A 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name ABO CITE ONSULTANTS YNC. Contact Person BRADLEY E. MOSNESS PE Address 750 LINCOLN WAY EAST City, State,Zip SOVT€-I BEND, IN 46601 Telephone 574 3 -5700 WHEREFORE, Petitioner has paid the required fee of$50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing,determine that the qualifications for a residentially distressed area have been met and confu n such resolution. Name of Property Owner(s): TAMIPICO DEVELOP NTS LLC By: (Signature) DEFT GS SCHWARTZ SOLE MMMMER (Typed or printed name and capacity) (Rev.5/13/11) �..u__ .�u..__.,..... h O _ o > o a d ¢ m Aun �= N Z w 0 H Q I I ! I I Q � Q N N W N w ° fK N 1 � 4 P P � Cl Op- P p0. P E O O O p O O O O p O u1 p 0 ILI, LO In Uj U IP n (h P y co LLJ LO Q Ln Ln �O O p 0 a_ -V -,b -6 o p l N C O O maO O O O Q 4 � N N P 0 O O O N C � 6 CJ 'p o 6 O N fit N O ON ❑ C W Cj N H fU W ❑ 0 7 4 Q Q d Q p Q C o {J O o P Q L2 m b4 H�} d a` LO w n �' a a a� o N' 3 m m a�oi m O O P CO fn C C C C C C C C C C S N in in C C C C O 7 C C C a o o a a a a a a a a D 83 -0 co m m cn m m cc m m m m o o O a p O N N (D -q CND! O co co O p `O V N O m C7 pa m m{7 C Y a O N � Cl) N N N N CC14 N N CMV M R V V O x y.r Q 'V' N N N CN N N N 6 � Tzg-- --(D T-- -- M M rmi M a v v v m v, a co Z � N EXHIBIT LEGAL DESCRIPTION - CRESCENT OAKS, SECTION TWO: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PENN TOWNSHIP, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS SECTION 1A, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE SOUTH LINE OF CRESCENT OAKS SECTION ]A, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION ]A AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECOND WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ]A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1A, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECOND WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 188.50 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 02 SECONDS EAST, A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES 03 SECONDS WEST, A DISTANCE OF 1.91 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES 57 SECONDS EAST, A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES 59 SECONDS EAST, A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES 09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05 MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER HOLLOW SUBDIVISION AS RECORDED AS INSTRUMENT NUMBER 0443949 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG NORTH LINE OF DEER HOLLOW AND THE NORTH LINE OF STONEHEDGE ESTATES SECTION 3 PART 2 AS RECORDED AS INSTRUMENT NUMBER 9516217 IN THE OFFICE OF RECORDER IN ST. JOSEPH COUNTY, INDIANA, A DISTANCE OF 651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 4.81 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. p� .��. • ,..Iii EXHIS /T W`«=•� 'AiNnoo Haawr is".1ml NN34 Ohu NO=s 9fY'Nxr.LTvNOUms sxrotNa�saY� r x ��p °� b/l hsw aHt ao rota M= 0 yk 7 fill, � a�yY9 r. dill g 9 � $.1 s _ Rio as j 8 t h j1pli ff yB R.g . g t' 1 x� 910 11 � !F44� � � �`": I, r„�,•°r: 4 I fir s ----- 9 � Y d rGB7/8 .SRI le `l ,1 . f r Io.KA011 ----------- ,1 1 G # i 8 f IO 1000M r 1 n I H — J I 1 - -ell yy I Fl >' 7! n f o v[I IFmIfE ___"__w_..___"'—I iI L----------1 I -Mg I I x1vt Itn>r yl� 1 n �'" -»»___•'_ "_----I H----"---- d • � G F—'--------�' .. I a 8 I 11� - I •- �li>Y>.'I x Y�INTi3 eldlfT l5 �M M!x>Aterm IeIAV�k eAlpVxc eo�1W31'ML 41W3Y�M aYMiswa I A3e�ONAId tlO�A"YItYWO --= �e-its-��•��s 1 C4 Fum'R'1S'"d) NN3d OMi momms �ti €�� 3CY'NLC1'Z:tNtlEL'?dS Sl1YOLV3aS3Y0 a a} (6 1 VA MN DU 40 jjrVd �b lit k ;y1Z� t4 Or 3 gill fill B1111 I as �r lit ,Yc s9 ,( � . 12#11 1;1 � Wyk All p p € K 0I1�b56C� 'i �� b;a a - Wiltrylsb�0 '� K��sBB x:iy� 6 yY1 a po Pa11L,150111 g,5�' 3�p d b . � {�jjg$Jb� pJjjbF 1¢1bN d x OF x . 11 gs° p�li blb11 bRbgla�'�j6�3g8 ��HQg�� ab�y @ EXHIBIT *Site Photos tak n on May 30, 2013 - �y/ � * . 4 Vi— PICTURE#1 -S nGng on Basin 5#eellooking /a! \t Sectio n\�\ ^ ` � \ \ mC a�# St ndng /n RUnMng Dew drVe »DEng north into k�flon Two Page ) of 2 I i 1 PICTURE#3 -Standing at the intersection of Basin Street and Running Deer Drive looking west s i R v S r � R PICTURE#4 -Standing at the intersection'of Basin Street and Balboa park Avenue looking north Page 2 of 2 ®6ATd 0 r of SITE PHo`rQ � LURREMY OR PREKOU�Y I N + I f KALYAWONCSS 1 WORE. 1 # S jlk 6EP10.IN 4604 34526 6 1 � 3 •� 1 2. m I I I I ST OIARLES I 7. I AYE. (SW R/M�} 11 RECLAVVF READ ESTAhWMTEO PAR-ERSMIP 8 ! I P.O BOX 377 • � 1 I ^ ! BRISTOL Cr 66010 INSTR.�49M3O6 1 � ! t1F��,s�o 16 1 Q� m N n 12 0 w p b 1 24 1 ZS 42 g 43 S 44 0 45 S 46 47 k !) w d 1s .3 6 as a :+ Ki 4. 89 x x _ z z z 8 C, ° x May BASIN M Et 80°R Jzw d W 30 I 31 •" r p�h u n$ 1 32 „ 33 g 34 c 35 36 S 37 38 3 O W to �+ ,a 39 ° 40 �az 65.00' T T,•„_ — -- _,...,�__....» 63.00' 6100' N89 t'S8'E 706.23'1 I I 9 6Siar 67.77' MO 25. P.pf3. 4 f 3 I 7 # 1 1 I 1 # WS SECnoN 3. 1 pj1i7 2 I ( I I 5 1 s I 1 SYONE11EOtE IN 9516217 I ! 1 1 5 ouAr+ 2s I I I I; I BROMLEY OHASE(30'R/Y) 51 F \♦ ♦♦ � E� 1 i 1 I 1 � ! 11 I \♦ �. i i I 1e ; � E � � f ♦♦` ; as ;i � +�� I I 1 n I 16 i 1s ( 14 C � sew�ER SEC BRASS 2.T 7A�i,R Wff3tOS5(-O.T) 1 I JOHN W- BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI q1 DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JC>SEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM I f40 COUNTY-CITY BLDG, SOUTH BENt),IN0tANA 466Qi (574) 235-9571 Wednesday, June 19, 2013 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: An Ordinance initiated by the Area Plan Commission on behalf of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code, Article 5 Planned Unit Development District, Section 21-05 Planned Unit Development District,to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval, City of South Bend -APC#2675-13. Dear Council Members: I hereby Certify that the above referenced ordinance initiated by the Area Plan Commission was legally advertised on Monday, May 06, 2013 and that the Area Plan Commission at its public hearing on Tuesday, June 18,2013 took the following action: Upon a motion by John DeLee, being seconded by Michael Mecham and unanimously carried,the Ordinance initiated by the Area flan Commission on behalf of the Common Council of the City of South Bend,Indiana, amending Chapter 21 of the South Bend Municipal Code,Article 5 Planned Unit Development District, Section 21-05 Planned Unit Development District,to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval, City of South Bend, is sent to the Common Council with a favorable recommendation. Planned Unit Developments are large, multi-year projects which typically take a long time to complete. Limiting the time that final developments can be approved has no additional public benefit since all requirements of a PUD must be adhered to. Therefore,the Commission sees no need to impose a time limit. The proposed text amendment will also allow the addition of driveways or access points to be considered a minor modification that may be authorized by the Executive Director without a public hearing. 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, UAn W. Byorn n w. Attachment SERVING:ST.JOSEPH COUNTY,SOUTH BEND,LAKEVILLE.NEW CARLISLE,NORTH LIBERTY.OSCEOLA A ROSELAND www.stjosephcountyfndlana.cam/AreapIan Staff Report 6/5/2013 APC # 2675-13 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 6/18/2013 Requested Action: The requested action is a text change, amending Chapter 21 of the South Bend Municipal Code, Article 5 Planned unit Development District, Section 21-05 Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing the limits to obtain secondary approval. Zoning and Land Use History And Trends: In 2009 the Area Plan Commission initiated an ordinance to amend the criteria used in determining major/minor changes to approved site plans, and removing the time limits to obtain secondary approval for PUDs. The Area Plan Commission sent it with a favorable recommendation to the Common Council. It was tabled at the Council Committee meeting and later withdrawn in order to review the comments made by the Council members and craft a revised ordinance. The proposed ordinance has been revised to address those comments. Staff Comments: It is not uncommon for large developments typically using the PUD District to take longer than 3-5 years to fully develop. Limiting the time that final developments can be approved has no additional public benefit since all requirements of the PUD must be adhered to. 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. Analysis: Planned Unit Developments are large, multi-year projects which typically take a long time to complete. Limiting the time that final developments can be approved has no additional public benefit since all requirements of a PUD must be adhered to. Therefore, staff sees no need to impose a time limit. The proposed text amendment will also allow the addition of driveways or access points to be considered a minor modification that may be authorized by the Executive Director without a public hearing. APC 4 2675-13 Page 1 of 1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT,SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT,TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7,2004. Now that the ordinance has been in use, it has been determined that it is desirable to amend Article 5 Planned Unit Development District,to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2I, Zoning, of the South Bend Municipal Code,Article 5, Planned Unit Development District, Section 21-05 Planned Unit Development, is hereby amended as follows: (c) Procedure For Approval Of A PIanned Unit Development (5) Secondary Approval (B) Time-Period for Obtaining SeeendaryApprowd if secendwy apppevw the petition for-zene map ehange to the X,9)D&trjet, petitionef shall the petition ' Cetmeil in Nvhieh to file for-6-eeendffr-y > , for-approval- by the E-keentAw Pireet-ep. The&&C-w4ve Dir-eeto'-shall IA41hiiq three-(3) yeafs of the the Pfi0f Phase-. In the everA that seeendar .y apprevol is net obtained for-all ope-pertion shall be deefned to have--xpi—d that portion e-4-hi-�2 f TO that has proposed land use�q depieted an suehpi-eUminafy1glan. Once ieh shall be given in the same fflafmer-as r-equir-ed by this Seefiefl,'has been obtained, (E)to (D)to (C) (E)to (D) (F)to (E) (s)to (d) Modification Of Preliminary Plan Or Secondary Approval Minor modifications to a preliminary plan or secondary approval which has already received approval from the Area Plan Commission or the Executive Director and which do not involve: (a) an increase in height, area, bulk or intensity of land uses unless the Area Board of Zoning Appeals grants a variance for height, area or bulk; (b) the designation of additional land uses; (c)the reduction in perimeter yards unless the Area Board of Zoning Appeals grants a variance; (d) an encroachment into any drainage easement, regulated drain setback or floodplain; (e)the additieli of 6• : v:vqj' o ��u, � reduction in the amount of parking for any use below that which is required by Section 21-07.04 of this Ordinance unless the Area Board of Zoning Appeals grants a variance, may be authorized by the Executive Director without a public hearing in its continuing administration of the PUD if, in the determination of the Executive Director, the requested minor modifications do not adversely impact the purpose or intent of the overall development. If the Executive Director determines that the proposed modification is of such a nature as to adversely impact the purpose or intent of the overall development, or if the proposed modification includes: (a) an increase in height, area, bulk or intensity of land uses unless the Area Board of Zoning-.Appeals grants a variance for height, area or bulk; (b) the designation of additional Iand uses; (c) the reduction in perimeter yards unless the Area Board of Zoning Appeals grants a variance; (d) an encroachment into any drainage easement, regulated drain setback or floodplain; (e)the addition ef ; reduction in the amount of parking for any use below that which is required by Section 21-07,04 of this Ordinance unless the Area Board of Zoning Appeals grants a variance, Petitioner shall be required to file a new petition for zone map change. (g) Extension Extefisieiis of time, in six (6)month ineremepAs not to emeeed a total of two (2) years� for-obtaining sweqndar-�+, fppj-e,,wj may be granted by the Exeeut4w (h)to (g) Section 11. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2013, at o'clock m. City Clerk Approved and signed by me on the day of 2013 at o'clock M. Mayor of the City of South Bend, Indiana Filed t tic PUMIC HEA?[Rd M AY 1 x,011? 3 rd R ADING NOT APPt`OVE0 43-t crry CLERK,SOUTH SEND,IN PASSEL? JOHN W. BYORNi EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM #140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (5 7 4) 235-9571 May 23, 2013 Derek Dieter, President South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Provisions of South Bend Zoning Ordinance that Regulate Planned Unit Developments. Dear Mr. Dieter: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to make certain amendments to that section of the Zoning Ordinance that regulates Planned Unit Developments. The changes, as presently proposed, would remove the time constraints for the submittal of final plans and clarify that the Executive Director of the Area Plan Commission could allow certain changes if approved at a public hearing by the Area Board of Zoning Appeals. I am requesting that the attached ordinance be placed on the June 10, 2013 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on June 18,2013. If you have any questions,please feel free to contact me. zz Sincerely,W.hn W. Byorni SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND W WW.ST)0 SE PH C 0 U N T Y I N D I ANA.CO MIA r e a p I a n