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Home My WebLink About07-22-13 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JULY 22, 2013 1. INVOCATION - REV. FRED PRESTON 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON MINUTES 5. SPECIAL BUSINESS '7 . n n — .. 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 26 -13 FIRST READING ON A BILL 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 28 -13 PUBLIC HEARING ON THE CITY OF SOUTH 20 THE SOUTH BEND OF NEW ARTICLE 13 AMENDING SECTION CODE VIOLATIONS BILLS, THIRD READING BILL NO. A BILL OF THE BEND, INDIANA, MUNICIPAL CODE ENTITLED MOPED 2 -123 SCHEDULE COMMON COUNCIL OF AMENDING CHAPTER BY THE INCLUSION REGULATIONS, AND OF ORDINANCE AND TIME: 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 26 -13 FIRST READING ON A BILL 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 28 -13 PUBLIC HEARING ON THE CITY. OF SOUTH 20 THE SOUTH BEND OF NEW ARTICLE 13 AMENDING SECTION CODE VIOLATIONS A BILL OF THE BEND, INDIANA, MUNICIPAL CODE ENTITLED MOPED 2 -123 SCHEDULE COMMON COUNCIL OF AMENDING CHAPTER BY THE INCLUSION REGULATIONS, AND OF ORDINANCE AND 9. RESOLUTIONS BILL NO. 13 -45 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS - SECTION 2, 23221 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 13 -46 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 773 PULLING STREET AS RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOEL & KATHERINE DOSMANN 13 -47 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 1047 LINCOLNWAY EAST AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CROOKED EWE, INC. 13 -48 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 1047 LINCOLNWAY EAST AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR CEOL MOR PROPERTIES 10. BILLS, FIRST READING BILL Nn- 31-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE COMMUNITY CAMPUS ADVISORY COALITION (CCAC) 32 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT.CHAPTER 2, ARTICLE 19, SECTION 2 -213; CHAPTER 19, ARTICLE 3 SECTION 19 -63 (c) (2); AND CHAPTER 20, ARTICLE 9, SECTIONS 20 -112 AND 20 -113.4 ADDRESSING PENALTIES FOR HANDICAPPED PARKING VIOLATIONS 33 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 34 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $124,256 FROM GENERAL FUND ( #101), $35,000 FROM PARKS & RECREATION FUND ( #201), $110,000 FROM MOTOR VEHICLE HIGHWAY FUND ( #202), $10,752 FROM GIFT, DONATION, BEQUEST FUND ( #217), $1,665,00 FROM EMS CAPITAL IMPROVEMENT FUND ( #288), $500 FROM HAZMAT FUND ( #289), $40,460 FROM INDIANA RIVER RESCUE FUND ( #291), $184,502 FROM COUNTY OPTION INCOME TAX FUND ( #404), AND $60,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( #408) 35 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM SOLID WASTE FUND ( #,610), $180,000 FROM SOLID WASTE DEPRECIATIONS FUND ( 4611), $739,667 FROM WATER WORKS BOND CAPITAL FUND ( #623), $336,502 FROM SEWAGE WORKS GENERAL FUND ( #641) $274,502 FROM SEWAGE WORKS CAPITAL FUND ( #642), $1,080,895 FROM SEWAGE WORKS SINKING FUND ( #649) , $2,438,088 FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND ( #653), $81,065 FROM 2013 SEWER REFUNDING BOND FUND ( #664) AND $611,752 FROM CENTURY CENTER OPERATING FUND ( #670) 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA BOARD OF ZONING APPEALS 1. BILL 13 -49 - SPECIAL EXCEPTION - 1724 S. MAIN ST. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. x I 1b -13 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 SER VICE 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 10711N THE PLAT OF "LA SALLE PARK" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS RECORD. , EASEMENTS AND RESTRIC'TION.S OF 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 shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Coun (;ti. p16. °k :F k it •f- ,'�,'s� c . 4 t. Uc4 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 1 st READING L-f r e - I-3 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED IJ r M14 Danch, Hamer & Associates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of 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: Land Surveyors . Professional Engineers Landscape Architects . Land Planners April 3, 2013 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 some 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, Hamer & Associates File No. 120200 "C" Md. 1643 Commerce Drive . South Bend, IN 46628 208 West Mars ■ Berrien Springs, MI 49103 Office 574/234 -4003 ■ 800/594 -4003 a Fax 574/234 -4119 once 269/471 -3010 s Fax 269/471 -7237 PETITION FOR A COMBINED HEARING City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance 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: 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: From: MU Mixed Use District To: LB Local Business District 6) This rezoning is requested to allow the following use(s): Convenience Store with a Gasoline 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 staffs, in order to add the gasoline pumps, the properties would be required to be Rezoned, a Special Use would be required to be approved for the pumps and several Variances would be needed to layout the property as shown on the attached site plan. The Convenience store has been in operation for the past several years and the site has been the home to a retail establishment of varying types for the past several decades. The addition of the gasoline pumps as noted requires a Rezoning, Special Use and Variances. Once the Rezoning is initiated, the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation, the Rezoning necessitates that several Variances be approved as well. Shown below are the Variances being requested for the property: 2 1). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet to providing a minimum of two trees (2) in the parkway of Kenmore on the west side of the site and one (1) tree along the north property line as shown. The petitioners are asking for approval of this Variance as the property is located in the urban core area of the City with limited area. The Petitioners would add two trees in the parkway area of Kenmore Street in an area presently used for parking. That pavement would be removed and landscaping will be added to soften the western 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 1 ft. along the north property line and to a minimum of 2R. 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. 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 faeade of the existing building. The Petitioners do not believe that this encroachment for the Canopy would have an adverse impact on the adjacent property that contains a home with a retail store or along the streetscape of Western Avenue. 8). A Variance from the requirement of providing a minimum of a 10 ft. wide drive -thru lane and 12 ft. wide bailout lane for the proposed Gasoline 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 comer 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 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 ure will not injure or adversely affect 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 would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authori2ed 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 (Office & Retail) along with medium density residential development. The proposed combination Convenience store with gas pumps would fit with those types of mixed uses. 12) In the case of a Special Exception, the petitioner shall be held to the representations'made on the Preliminary Site Plan, 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a pan 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) ofAll Property owner(s), or signature of Attorney for all property owner(s): th M P i Attorney for the Properry Owners 52582 U.S. 933 North South Bend Indiana 46635 574 - 277 -8720 PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Varner.& Associates, Inc. Address: 1643 Commerce Drive South Bend Indiana 46628 574 -234 -4003 mdanch@danchharner• com ZO 3Jdd H0NCQ 1 ; ., ` � �• .� �. a .I � 6TT17b£ZtYL9 Z0:t1T ETOZ /Z0 /b0 John Trotter / Western Ave Land Trust 3609 Western Ave South Bend, IN. 46619 Tax Key # 018 4068 2516 Will J Brown 1918 E Donald South Bend, IN. 46613 Tax Key # 018 4068 250803 Melveina Foltz & Barbara Geisleman 411 S Kenmore South Bend, IN. 46619 Tax Key # 018 4076 2766 Juan Cervera & Rosalina Ma 2909 Western Ave South Bend, IN. 46619 Tax Key # 018 4062 2318 Wendell & Kathy Johnson 305 S Falcon South Bend, IN. 46619 Tax Key # 018 4062 2313 Episcopal Church Layman Chapel Christian Methodist 303 S Kenmore South Bend, IN. 46619 Tax Kav * n1R 4nRR q.!i1gn1 Anthony Adamo PO Box 611 South Bend, IN. 46624 Tax Key # 018 4076 2771 Sharon Palmer 415 S Kenmore South Bend, IN. 46619 Tax Key # 018 4076 2768 Property Owners Within 300 Feet Nader Kanan 3601 Western Ave South Bend, IN. 46619 Tax Key # 018 4068 2517 Wendell & Kathy Johnson 305 S Falcon South Bend, IN. 46619 Tax Key # 018 4062 2315 John Adamo Living Trust PO Box 611 South Bend, IN. 46624 Tax Key # 018 4076 2767 Benita Owens / Estate for Annie Owens 322 Kenmore St South Bend, IN. 46619 Tax Kpv it n1R 4nRR g5nRn1 Reina Matute 314 S Falcon South Bend, IN. 46619 Tax Key # 018 4062 2314 Dorothy Broughto /Ann Marie Warner 314 S Wellington South Bend, IN. 46619 Tax Key # 018 4068 2508 George Swizek & Geraldine Sniadecki 421 S Falcon South Bend, IN. 46619 Tax Key # 018 4070 2582 Leopoldo & Effie Gonzalez 734 S Lake South Bend, IN. 46619 Tax Key # 018 4070 2579 Lorene Lee 302 S Falcon South, Bend, IN. 46619 Tax Key # 018 4068 2310 Genevieve Bucher 412 Wellington South Bend, IN, 46619 Tax Key # 018 4078 2827 Dolores Malone 413 S Falcon South Bend, IN. 46619 Tax Key # 018 4070 2576 Timothy Bond & Michelle Milton Bond 318 S Wellington South Bend, IN. 46619 Tax Key # 018 4068 250801 Edmond Henry 6451 Erie Falls Dr. South Bend, IN. 46614 Tax Key # 018 4062 2317 Wendell & Kathy Johnson 305 S Falcon South Bend, IN. 46619 Tax Key # 018 4062 2309 Anthony Adamo PO Box 611 South Bend, IN. 46624 Tax Key # 018 4076 2769 Annie Owens 322 S Kenmore South Bend, IN. 46619 Tax Key # 018 4068 2514 Vlandeep Singh Mandeep Singh 'O Box 3.522 PO Box 3522 Mandeep Singh >outh Bend, IN. 46619 South Bend, IN. 46619 PO Box 3522 -ax Key # 018 4076 2765 Tax Key # 018 4076 2768 South Bend, IN. 46619 Tax Key # 018 4076 2769 Virk Mart Inc Uhaul Real Estate Com an 3901 W Dunes Hwy PO Box 29046 p y Rank Properties LLC /Tim Rankert Michigan City, IN. 46360 56826 Wild Heather Dr Tax Key # 018 4062 2322 Phoenix, 01 850 South Bend, IN. 46619 Tax Key # 018 4070 2570 Tax Key # 018 4078 2823 Alan & Jean Neblung Alan & Jean Neblun 9 3614 Western Mandeep Singh South South Bend, IN. 46619 Western PO Box 3522 Tax Key # 018 4078 2824 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4076 2760 Tax Key # 018 4076 2761 Mandeep Singh Nader Kanan PO Box 3522 Parwinder Kaur & Harjinder Singh South South Bend, IN. 46619 Western Ave 3529 Western Ave Tax Key # 018 4076 2762 South Bend, 8 South Bend, IN. 46619 Tax Key # 018 40668 8 2 251701 Tax Key # 018 4068 2518 Barbara Dockery Lupo House 3527 Western Ave 52606 Highland Dr . Vu Dong South Bend, IN. 46619 South Bend, IN. 46635 18769 Pudding Ln' Tax Key # 018 4068 251801 Tax Key # 018 4068 251802 South Bend, IN. 46614 Tax Key # 018 4062 2319 Vu Dong Wendell & Kath y Johnson Joh 3501 Western Ave Reina Matute South Bend, IN. 46619 305 S Falcon 314 S Falcon Tax Key # 018 4062 2320 South Bend, South Bend, IN. 46619 Tax Key # 018 8 40662 2 2 2311 Tax Key # 018 4062 2312 Nathaniel Jackson & Willie Bee Benita Owens 323 S Kenmore 321 Kenmore Juana Vazquez South Bend, IN. 46619 South Bend, IN, 46619 322 Falcon Tax Key # 018 4068 2510 Tax Key # 018 4068 251001 South Bend, IN. 46601 Tax Key # 018 4062 2316 Christian Methodist Episcopal Lorena Vargas & Joel Gonzales 303 S Kenmore Kenmore Episcopal Church Lay Chapel South Bend, IN. 46619 Tax Key # 018 4068 2512 Sou South Bend, Christian Methodist 303 S Kenmore Tax Key # 018 8 4111717 4 4 454 South Bend, IN. 46619 Tax Kav * n1R 4088 9511 Mandeep Singh PO Box 3522 Layman Chapel Christian Methodist South Bend, IN. 46619 Episcopal Church 303 S Kenmore St Tax Key # 018 4070 2567 South Bend, IN. 46619 Tax Kav * n1R 4nRR 95n9n1 q JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD_ ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND. INDIANA 46601 (574) 235 -9571 4 Wednesday, May 22, 2013 The Honorable Council of the City of South Bend 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, Qdi3O +04441t, m W. B y orni Attachment CC Parwinder Kaur & Singh Harjinder Barbara Dockery Attorney Anthony Zappia SER"&EhSAPNI AS%t1a--t65SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND www.stjosephcou ntyind iana.com /Areaplan Staff Report 5/9/2013 APC # 2670 -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, from Chicago to Meade, was all zoned C Commercial. APC# 2670 -13 Page I of Staff Report 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: 5/9/2013 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. Responsible Development And Growth: 5/9/2013 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 1 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 comer 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 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 infonmation 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 ternis 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 detemvnation 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. 0 e a...aav5X'�'` A; a 'c�G; 'pu s-`, IL L 0 C 0 im eC Y Rezoning from: "MU" MIXED USE DISTRICT to "LB"" LOCAL BUSINESS DISTRICT ZONING CLASSIFICATION 40 SOUTH BEND "SF2° SINGLE FAMILY AND TWO FA1.11LY DISTRICT 4W SOUTH BEND "MF1° URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "1.1U"MIXED USE DISTRICT SOUTH BE N D "LB" LO CAL B U SRN E SS DISTR ICT 40 SOUTH BEND "CB " COMMUNITY BUSINESS DISTRICT SOUTH BEND "GB " GENERAL BUSINESS DISTRICT Western 13 1 inch = 145 feet APP # 2670 -13 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND. INDIANA 46601 (574) 235 -9571 Wednesday, May 22, 2013 The Honorable Council of the City of South Bend 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 Had inder & 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, A). Q W. Byorni Attachment CC Parwinder Kaur & Singh Harjinder Barbara Dockery Attorney Anthony Zappia SERMehSyI P&! 5kWdt1j[t66SSOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND www.stiosephcountyindiana.com/Areaplan Staff Report 5/9/2013 APC # 2670 -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, from Chicago to Meade, was all zoned C Commercial. APC # 2670 -13 Page 1 of 4 Staff Report 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: 5/9/2013 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 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 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 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 wel&re 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. 51 n< 3 L C� E Z LB MU LB Lila C Cb Rezoning from: TTMUFT MIXED USE DISTRICT to "LB"' LOCAL BUSINESS DISTRICT ZONING CLASSIFICATION 40 SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT 40 SOUTH BEND "11 F1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MU "MIXED USE DISTRICT SOUTH BEND "LB " LOCAL BU SIN ESSDISTRICT 40 SOUTH BEND "CB- COG1MUNITYBUSINESSDISTRICT SOUTH BEND "GB"GENERAL BUSINESS DISTRICT N W E 1 inch = 145 feet ARC ## 2670 -13 Page 1 of 1 Christa Nayder - concern Home Owner - rezoning in my area From: Timothy Bond <bondtim @att.net> 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 o .�:_� _ _.a ar ---I --- %CInn'll A 10 U-1 CMAMA111 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 II. 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 III. 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. ) 10 1 Q1_' I I . Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend; Indiana on the day of ,20 , at o'clock m. City Clerk Approved and signed by me on the day of 20______, at o'clock M. 1 st READING 3 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor of the City of South Bend, Indiana Slid Q-, qce CITY CILERK. SOUT c 0I1-NO, IN PETITION FOR COMBINED HEARING City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, 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- 4069 -2564 3) Name and address of property owner(s) of the petition site: Jose 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 CB 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: SignaKi .(s) of �il Pxoperty owner(s) or signature of Attorney for all Jose Luis Consuelo 3817 W Western Ave South Bend, IN 46619 (574)386 -5583 �CL vlcl> t-r) CONTACT PERSON: (if different) ��q_ F11Gdf I "•1 JOHN i0t3i r, . CITY CLERK, SCf, Th.13,EtiNC, IN 'IV, y Ed& JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY IBLDG. SOUTH BEND. INDIANA 46601 (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 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, 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, ClAnW w. . n . Byorn Attachment SERVING: ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND VYVV W.stjos eph countyin d is na.com /Areaplan 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 # 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 21, 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 Planned Unit Development (5) Secondary Approval • (G) to (B ($)tom Mto D) (F) to(E) (&)tom (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 -addition of dr&e*,gyw a access . . 4s; ^r , (f) 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 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) theadditiefref d iveiswyw ^ *° (f) 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. :44:000"W-40i Ed& JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 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. Fil _ �- ---_- ed in dark's Office Sincerely, to. MAY 23 ?Q�� hn W. Byorni G� CLERK, SO� BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W . S T J O S E P H C 0 U N T Y I N D ]A N A. C 0 M /Area p l a n Substitute Bill No. 28 -13 2-r- t 3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes that Indiana Code § 36 -8 -2 -4 authorizes the city to "regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare ". The Common Council further recognizes that Indiana Code § 9 -21 -11 sets forth state regulations addressing "bicycles and motorized bicycles ". Last summer, the Indiana Supreme Court upheld the state law regulations addressing "motorized bicycles" which set their maximum speed at twenty -five (25) miles per hour. House Bill 1523 was introduced for consideration by the Indiana General which proposed to amend the current state laws addressing "motorized bicycles ". That proposed legislation did not pass. Locally there are growing public health and safety concerns in light of moped accidents and the number of mopeds being stolen, Regulations in other Indiana cities have been reviewed including but not limited to the City of Evansville's moped ordinance which took effect in 2010; Terre Haute's moped ordinance which took effect October 1, 2011; Richmond City's ordinance which took effect in 2010; and Kokomo's ordinance which took effect July 1, 2012. This ordinance is believed to be in the best interests of protecting the health and safety of the citizens of the City of South Bend, Indiana, by passing reasonable moped regulations. 91a, A-mom, &&#Waowd by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 20 of the South Bend Municipal Code shall be amended by the inclusion of new Article 13 which shall read in its entirety as follows: Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 2 Article 13. Moped Regulations Sec. 20 -130 Definitions. As used in this Article: (a) City shall mean the City of South Bend, Indiana. (b) Bicycle lane or bike lane shall mean a portion of a roadway which has been designated by striping, signing or pavement markings for the preferential or exclusive use of bicyclist peddling any foot - propelled vehicle irrespective of the number of wheels in contact with the ground.' (c) Moped shall man any two (2) or three (3) wheeled vehicle which is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following: 1. An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters; 2. An automatic transmission; and 3. A maximum design speed of not more than twenty -five (25) miles per hour on a flat surface. The definition of moped does not include an electric personal assistive mobility device. (d) Operator shall mean any person who rides or is in actual physical control of a moped. (e) Rental agency means any person engaged in the business of offering for rental or renting mopeds for use by the public. Sec. 20 -131 Compliance Required With Moped Regulations.2 (a) Every operator of a moped in the city must comply with the public safety regulations set forth in this Article, and applicable state and federal laws. 1 The Manual on Uniform Traffic Control Devices (MUTCD) section 9 addresses standard bike lane markings and signing; and Indiana Code § 9- 13 -2 -14 defines the term bicycle. 2 Indiana Code § 9- 21 -11 -12 through Indiana Code § 9 -21 -14 prohibit any person under the age of fifteen (15) to operate a motorized bicycle; requires permit or licensing over said age; prohibits operation on an interstate highway or sidewalk; prohibits going greater than 25 mph; requires persons under 18 years of age to wear protective headgear, protective glasses, goggles or a transparent face shield with violators committing a Class C infraction. Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 3 (b) The parent(s), guardian(s) of any child under the age of eighteen (18) years of age, or the owner of the moped if not the parent or guardian shall not authorize or knowingly permit any child or ward to violate the provisions of this Article. (c) Tail and brake lights are required on all mopeds and shall remain operable at all times while the moped is in operation, with the headlamp having an intensity to illuminate a distance of not less than one hundred feet (100'). (d) No passengers are permitted on any moped operated within the City. (e) No moped shall be operated in any bicycle lane or bike lane within the City. (f) No moped shall be operated within the City by any City resident that does not display an affixed valid registration decal on the moped which has been issued by the South Bend Police Department. Sec. 20 -132 Annual Registration Required; Fees; Registration Decal Required. (a) All owners of a moped who reside in the City and who operate or permit their moped to be operated on streets within the City, must have the moped inspected and registered annually with the South Bend Police Department. (b) The annual registration form shall be completed in person at the South Bend Police Department headquarters. (c) Such annual registration shall require verified proof of ownership, the name of the owner of the moped; his/her address and telephone number; date of birth, the make, model and serial number of the moped, and the color, size and other identifying characteristics of the moped sought to be registered. (d) Registration shall be for a term of one (1) year, commencing May 1 st and expiring the last day of April of the following year. However, for purposes of initial implementation, any registration decal issued in 2013, shall remain in effect until the last day of April 2015. (e) A registration decal shall not be issued until all required items are submitted and Reviewed, proper payment is received, and a satisfactory inspection of the moped has been conducted. (f) The moped registration fees shall be as follows: $20.00 Initial Registration Fee $15.00 Annual Renewal Registration Fee Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 4 (g) In the event that the owner provides verifiable proof that he /she has. completed the ABATE certified motorcycle safety training class within the past six (6) months, the initial registration fee shall be waived. The owner shall be required to pay the annual renewal fee thereafter.3 (h) Upon completion of the registration form, satisfactory inspection of the moped, and payment of the registration fee, the South Bend Police Department shall issue a registration decal which shall be affixed at that time in a clearly visible location on the back fender of the moped. Such registration decal shall remain affixed to the moped at all times it is valid. (i) The provisions of this Section shall apply any time there is a change in ownership, including those instances when the moped has been registered to a previous owner with compliance being required within seven (7) seven days after a moped's acquisition if a change of ownership occurs. Sec. 20 -133 Moped Alterations Restricted. The owner, the parent or guardian of a child who is the owner of a moped, or the operator shall not alter or consent to the alteration of the moped's exhaust system which results in an unreasonably loud exhaust noise as further addressed in Section 13 -57 of the South Bend Municipal Code; and /or greater emissions. Sec. 20 -134 Rental Agency Compliance Required. (a) A rental agency shall not rent or offer any moped for rent unless it has been registered and in compliance with Section 20 -132. Each moped must be equipped with the tail and brake lights regulations as required in this Article. A rental agency shall make available protective headgear with or without a transparent face shield and protective glasses or goggles as required by state law for all persons under the age of eighteen (18) years of age; as well as the opportunity to purchase liability and /or personal injury insurance coverage. (b) A rental agency shall not rent or offer any moped for rent to anyone under the age of fifteen (15) years of age. (c) A rental agency shall not rent or offer any moped for rent to any minor between the ages of fifteen (15) and eighteen (18) years of age unless: (1) The minor provides identification card, permit, operator's license, chauffer's license or a public passenger chauffer's license issued by the Bureau of Motor The Indiana Bureau of Motor Vehicles (BMV) offers classes conducted through Abate of Indiana, Inc. http /www.abateofindiana.org/ Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 5 Vehicles (BMV) under Indiana Code § 9 -24 verifying that he or she is over the age of fifteen (15); and (2) The minor's parent or guardian signs the rental agreement. Sec. 20 -135 Enforcement of Moped Regulations; Penalties. (a) Any sworn member of the South Bend Police Department has the authority to enforce these moped regulations. (b) An ordinance citation shall be issued for any violation of the provisions of this Article, which shall subject the violator to a fine of fifty dollars ($50.00) for the first violation, and a hundred dollar ($100.00) fine for each violation thereafter. Said fines shall be paid through the Ordinance Violations Bureau. (c) A moped may be subject to impound if it is being operated without being registered as required by this Article, and the operator shall be issued an ordinance citation. A moped may be impounded when required safety equipment is found to be in non - compliance. (d) Dedication of Fines /Fees Collection: Fifty percent (50 %) of all fines and fees collection for any violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund # 220). Section III. 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: 20 -135 Moped Regulations $50.00 1$100.00 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 on October 1, 2013, and from and after its passage by the Common Council, approval by the Mayor and legal publication. Karen L. White, Council Member at Large Moped Regulations Ordinance Substitute Bill No. 28 -13 Page 6 Tim Scott, 1 s' District Council Member Derek D. Dieter, Co Member at Large O ive !avis, 6t District Council Member Office of the City Clerk of 2013 at o'clock Office of the City Clerk -*W"gr and Oi na by me on the day of 1 -s P.EADING (040- t3 PUGtIC HEARING 3 rd READING NOT APPROYE0. R €FERRED PASSED day 2013 at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed In Clerkly` JUL 1 N JOHN WAIROE WY CLERK, 804'`x SE kL IN CITY OF KOKOMO, INDIANA °j 1 i REGISTRY OF MOTORIZED BICYCLE (MOPED) REGISTRA-FION Fio! CITY ORDINANCE 6672 License Number Issued: Date Issued: Expiration Date: Select One: FEE: New Renewal $25.00 Initial (Yearly) Registration Fee $10.00 Renewal (Yearly) Registration Fee If renewing, you must provide the prior year license number issued: License Decal is non transferable. If moped is sold you must remove the decal and contact the Kokomo Police Department Records Unit. ALL THE INFORMATION IN THIS SECTION IS REQUIRED: Owner Name Owner Date of Birth Owner Address City State Zip Code Owner Home Telephone Cell Phone Make Model Year Color Size Number of Wheels Serial Number Other Identifying Characteristics A "moped" is defined as a motorized vehicle with two (2) or three (3) wheels that is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following: .1. An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters; 2. An automatic transmission; and 3. A maximum design speed of not more than twenty-five miles per hour (25) miles per hour on a flat surface Secti9�.�) 70:09 ie►' 2 � _ - - = � � ;. �� _ _ _ The vehicle must not be capable of traveling at a speed more than twenty-five 25 miles per shour on a flat surface. - Secfon.�li _ 1. All persons operating a moped within the City of Kokomo must have the moped owned or operated by them registered annually with the City of Kokomo Police Department. 2. The annual registration form shall be completed in person at the Kokomo Police Department Headquarters between the hours of 8:00 am and 4:00 pm, Monday through Friday (excluding holidays) at the Kokomo Police Department Records Office. 3. Such annual registration form shall require: the name of the owner of the moped; his /her address and telephone number, date of birth of operator; the make, model and serial number of the moped; and the color, size and other identifying characteristics of the moped. 4. Upon completion of the registration form and payment of the registration fee, the Kokomo Police Department shall issue a registration decal. Such registration decal shall remain affixed to the moped at all times while the moped is in operation. 5. The registration fee shall be as follows: A. Initial Registration Fee $25.00 B. Renewal Registration Fee $10.00 6. The Kokomo Police Department shall not issue the registration or decal until all required items are submitted and payment is made. Any person who shall violate any of the provisions of 70.10 of the Ordinance shall be subject to a fine of One Hundred Dollars ($100.00) and the moped shall be subject to impound until such violation are remedied to the satisfaction of the Kokomo Police Department. Sec. 12. A motorized bicycle may not be operated under any of the following conditions: 1. By a person less than fifteen (15) years of age 2. By a person who has not obtained an identification card under IC 9 -24, a permit under IC 9 -24, an operator's license under IC 9 -24, a chauffeur's license under IC 9 -24, or a public passenger chauffeur's license under IC 9 -24. 3. On an interstate highway or a sidewalk. 4. At a speed greater than twenty -five (25) miles per hour. Sec, 13. A person less than eighteen (18) years of age who operates or rides a motorized bicycle on a street or highway shall do the following: 1. Wear protective headgear meeting the minimum standards set by the bureau or a helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 in effect January 1, 1979, 2. Wears protective glasses goggles, or a transparent face shield. Initials I have read City of Kokomo Ordinance Number 6672. Initials I have read Indiana State Statue IC 91- 21 -11 -12 and Indiana State Statue IC 9- 21- 11 -13. Initials I understand that I must renew my registration annually. Initials I understand that if I sell the above described moped, I must remove and destroy the City of Kokomo License Decal registered to me, and will contact the Kokomo Police Department of such. I affirm under the penalty of perjury by signing below, that I am the legal owner of the moped described above and that the moped meets the definition of Section 170.01 (A) of the City of Kokomo code of ordinances. Owner Signature :, KPD Form #1355 [Effective 6/5/2012) Date: — VAV111V, 111u,QIla Page] of 2 Kokomo 'Tribune; Kokomo, Indiana Jime 22, 2013 RFD ramping up moped enforcement All mopeds are required to register with city police department By Mike Flekber Kokomo Tizbmie Kokomo Tribune - - -- — Kokomo police, in an effort to reduce injury and accidents, are cracking down on illegal mopeds. With summer upon us, more and more of the scooters and mopeds are out and, in turn, involved in more traffic crashes. "Yes, we see more people on mopeds these days mainly because of economic reasons," said Maj. Brian Seldon of the Kokomo Police Department. To increase the safety of motorists and those driving mopeds, the Kokomo Police Department sent out a news release recently reminding people of the laws pertaining to the use of mopeds. "Yes, we are cracking down on them," he said. "We're trying to prevent accidents involving mopeds. It seems like since the city passed the ordinance, the accident rates have gone down in last three years." Under Indiana law, if you operate a two- or three - wheeled vehicle that has an engine larger than 50cc or that is designed to travel faster than 25 mph, you are operating a motorcycle and are required to have a valid operator's license with a motorcycle endorsement. Ewen though moped drivers don't have to obtain a license plate or driver's license to drive a moped, a city ordinance requires drivers to register them annually with the police department, Seldon said. The registration form can be completed in person at the Kokomo Police Department between 8 a.m. and 4 p.m. Monday through Friday (excluding holidays) at the records office on the second floor of City Hall. The annual registration form requires the name of the owner of the moped, his /her address and telephone number; date of birth of operator; make, model and serial number of the moped; and the color, size and other identifying characteristics of the moped Upon completion of the registration form and payment of the registration fees, KPD will issue a registration decal. The decals must remain affixed to the moped at all times while the moped is in operation. The initial registration costs $25 and a renewal is $10. Those riding a moped without the proper registration or equipment can be issued a citation punishable by up to a $100 fine and have their moped impounded. http: //`kokomotribune.com /local/ x2113333817 /KPD- ramping- up- inoped- enforcement /print 7/8/2013 - -r—t' "r ""'r"" » 1- -vil1V 11luune; xoKomo, lnalana Page 2 of 2 Seldon said since the ordinance was adopted, he has seen fewer violations and accidents than in the past. But the complaints keep coming in. "We receive a lot of complaints about juveniles [on mopeds] not following the traffic laws," Seldon said. Even though moped drivers don't have to be licensed, they still have to obey the laws of the road, he added. "We still see people violating the ordinance and we will address those issues. We don't give tickets out all the time. A lot of rimes we will give warnings and let them know the law." The statistics show moped accidents Have decreased from 22 in 2011 to 16 in 2012. So far this year, KPD has reported five accidents involving mopeds. The last fatal moped crash occurred in August of 2011 when 75- year -old Randall J. Gunter collided with a car while riding a moped near downtown. Safety information and laws for mo -peds: A moped may not be operated under any of the following conditions: - By a person less than 15 years of age; - By a person who has not obtained an identification card, an operator's license, a chauffeur's license, or a public passenger chauffeur's license; - On an interstate highway or a sidewalk; and, • At a speed greater than 25 miles an hour. - A person less than 18 years of age is required to wear protective headgear meeting the minimum standards set by the Bureau of Motor Vehicles or a helmet that meets the standards established by the United States Department of ` T"ransportation and wear protective glasses, goggles or a transparent face shield. Source: The Kokomo Police Department http: //kokomotribune.com /local /x21 ] 3333817 /KPD - ramping -up- moped- enforcement /print 7/8/2013 04 Substitute Bill No. 28 -13 Moped Regulations Quick Summary Sheet • Sponsored by: July 18, 2013 Council Member Karen L. White Council Member Tim Scott Council Member Derek D. Dieter Council Member Oliver Davis • Currently pending in the Health & Public Safety Committee • Public Hearing and Council Action to take place on Monday, July 22, 2013 • Reviewed Indiana state law and ordinances in effect in: Kokomo, Indiana - June 22, 2013 Kokomo Tribune article attached Muncie, Indiana Richmond City, Indiana Terre Haute, Indiana • Requires annual registration with South Bend Police Department • $20 initial registration fee thereafter $15 annual renewal fee Compliments Indiana state law which already prohibits anyone under 15 years of age to operate a moped, prohibits mopeds on interstate highways & sidewalks, prohibits going faster than 25 mph, requires protective headgear, glass, goggles or transparent face shield if under 18 years of age with state violations being a Class C Infraction. Local city safety regulations would: —� Require tail & brake lights & headlamp must be on at all times when in operation —� No passengers on mopeds —� No mopeds in bike lanes -� Require a valid registration decal affixed to the moped which has been issued by SBPD • Any business which rents mopeds must have protective headgear & opportunity to purchase insurance • $50 fine for 1" violation; $100 fine for each violation thereafter, impoundment for lack of registration decal or failure to required safety equipment is not in compliance • 50% of fines & fees earmarked for the Police Department's Law Enforcement Continuing Education Fund (Fund # 220) • Continuing to work with SBPD and Administration so that there will be proper implementation and education outreach to the general public/ PSAs on safety • Effective October 1, 2013 City of South Bend �tz EACE�� Common Council 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large July 17, 2013 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Re: Proposed Moped Regulations — Substitute Bill No. 28 -13 Dear Council Members: On June 3rd when the original version of the proposed moped regulations ordinance was filed, we noted that perhaps due to the rising gasoline prices and an increasing focus on "going green ", South Bend like many other communities, is experiencing a growing number of persons operating mopeds. Since that filing, thefts of mopeds have increased and there is a limited means to track the ownership of mopeds in order to return them to their lawful owner. Substitute Bill No. 28 -13 incorporates various housekeeping measures which focus on the owner of a moped and his/her responsibility to register his/her moped with the South Bend Police Department. The substitute bill also adds Council Member Oliver Davis as a sponsor to these important public safety measures. We have continued to collaborate with the City Administration so that the City of South Bend will have the best possible local regulations addressing mopeds which complement the Indiana state laws. We are also attaching, for informational purposes only, a copy of the application form currently used by the Kokomo Police Department. It has been shared with our Police and Law Departments in the hope that it may assist them when drafting South Bend's form. Cover Letter to Substitute Bill No. 28 -13 July 17, 2013 Page 2 So that there is opportunity for the general public to become familiar with the local moped regulations, the ordinance would not take effect until October 1, 2013. We look forward to discussing this with you at Monday's Health and Public Safety Committee. Thank you. Most sincerely, Karen L. White, Chairperson Health and Public Safety Committee Council erpLer at Large Tim Scott, Chairperson Residential Neighborhoods Committee 1" District Council Member Derek D. Dieter, Council President Council Member ge e Community Relations Committee 6th District Council Member Attachments ed In Clerk' � x JUL I Clxr CLERK SRO trOORVE St3R, Th SEND., ��. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes that Indiana Code § 36 -8 -2 -4 authorizes the city to "regulate conduct, or use or possession of property; that might endanger the public health, safety, or welfare ". The Common Council further recognizes that Indiana Code § 9 -21 -11 sets forth state regulations addressing "bicycles and motorized bicycles ". Last summer, the Indiana Supreme Court upheld the state law regulations addressing "motorized bicycles" which set their maximum speed at twenty -five (25) miles per hour. House Bill 1523 was introduced for consideration by the Indiana General which proposed to amend the current state laws addressing "motorized bicycles ". That proposed legislation dud not pass. A Captain of the Uniform Division of the South Bend Police Department recently brought to the attention of the South Bend Common Council the growing public health and safety concerns involving mopeds. Additionally an increasing number of mopeds are being stolen, and already this year there have been several accidents involving mopeds. Regulations in other Indiana cities have been reviewed including but not limited to the City of Evanville's moped ordinance which took effect in 2010; Terre Haute's moped ordinance which took effect October 1, 2011; Richmond City's ordinance which took effect in 2010; and Kokomo's ordinance which took effect July 1, 2012. This ordinance is believed to be in the best interests of protecting the health and safety of the citizens of the City of South Bend, Indiana, by passing reasonable moped regulations. 91a, & dxda&w5l by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 20 of the South Bend Municipal Code shall be amended by the inclusion of new Article 13 which shall read in its entirety as follows: Moped Regulations Ordinance Page 2 Article 13. Moped Regulations. Sec. 20 -130 Definitions. As used in this Article: (a) City shall mean the City of South Bend, Indiana. (b) Bicycle lane or bike lane shall mean a portion of a roadway which has been designated by striping, signing or pavement markings for the preferential or exclusive use of bicyclist peddling any foot - propelled vehicle irrespective of the number of wheels in contact with the ground.' (c) Moped shall man any two (2) or three (3) wheeled vehicle which is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following: 1. An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters; 2. An automatic transmission; and 3. A maximum design speed of not more than twenty -five (25) miles per hour on a flat surface. (d) Operator shall mean any person who rides or is in actual physical control of a moped. (e) Rental agency means any person engaged in the business of offering for rental or renting mopeds for use by the public. Sec. 20 -131 Compliance Required.2 (a) Every operator of a moped in the city must comply with the public safety regulations set forth in this Article, and applicable state and federal laws. (b) The parent(s) or guardian(s) of any child under the age of eighteen (18) years of age shall not authorize or knowingly permit any child or ward to violated the provisions of this Article. ' The Manual on Uniform Traffic Control Devices (MUTCD) section 9 addresses standard bike lane markings and signing; and Indiana Code § 9- 13 -2 -14 defines_the term bicycle. 2 Indiana Code § 9- 21 -11 -12 through Indiana Code § 9 -21 -14 prohibit any person under the age of fifteen (15) to operate a motorized bicycle; requires permit or licensing over said age; prohibits operation on an interstate highway or sidewalk; prohibits going greater than 25 mph; requires persons. under 18 years of age to wear protective headgear, protective glasses, goggles or a transparent face shield with violators committing a Class C infraction. The definition of moped does not include an electric personal assistive mobility device. Moped Regulations Ordinance Page 3 Sec. 20 -132 Annual Registration Required; Fees. (a) All operators of a moped within the City must have the moped owned or operated by them registered annually with the South Bend Police Department. (b) The annual registration form shall be completed in person at the South Bend Police Department headquarters. (c) Such annual registration shall require the name of the owner of the moped; his/her address and telephone number; date of birth of operator, the make, model and serial number of the moped; and the color, size and other identifying characteristics of the moped. (d) A registration decal shall not be issued until all required items are submitted and reviewed and proper payment is received.. (e) The moped registration fees shall be as follows: $20.00 Initial Registration Fee $15.00 Annual Renewal Registration Fee (f) In the event that verifiable proof by the owner /operator that he /she has completed the ABATE certified motorcycle safety training class within the past six (6) months, the initial registration fee may be waived. The owner /operator shall be required to pay the annual renewal fee thereafter.3 (g) Upon completion of the registration form and payment of the registration fee, the South Bend Police Department shall issue a registration decal which shall be affixed at that time to the moped in a location clearly visible to the police officer upon inspection of said moped. Such registration decal shall remain affixed to the moped at all times for the year in which it has been issued. Sec. 20 -133 Moped Alterations Restricted. The owner, or the parent or guardian of a child who is the owner of a moped, or the operator shall not alter or consent to the alteration of the moped's exhaust system which results in loud exhaust noise and/or greater emissions. Sec. 20 -134 Moped Operating Regulations.4 (a) Every person operating a moped shall obey all applicable motor vehicle and traffic regulations of the State of Indiana and all traffic ordinances of the City. 3 The Indiana Bureau of Motor Vehicles (BMV) offers classes conducted through Abate of Indiana, Inc. http /www.abateofmdiana.org/ 4 Indiana Code § 9 -21 sets forth regulations addressing compliance with traffic control devices, speed limits, operation, etc. and Indiana Code § 9- 21 -11 -1 through Indiana Code § 9- 21 -11 -14 sets forth bicycle and motorized bicycle regulations. Moped Regulations Ordinance Page 4 (b) No person shall operate a moped upon any public sidewalk. (c) Tail and brake lights are required on all mopeds and shall remain operable at all times while the moped is in operation, with the headlamp having an intensity to illuminate a distance of not less than one hundred feet (100'). (d) No passengers are permitted on any moped operated within the City. (e) No moped shall be operated in any bicycle lane or bike lane within the City. Sec. 20 -135 Rental Agency Compliance Required. (a) A rental agency shall not rent or offer any moped for rent unless it has been registered and in compliance with Section 20 -132. Each moped must be equipped with the tail and brake lights regulations as required in this Article. A rental agency shall make available protective headgear with or without a transparent face shield and protective glasses or goggles as required by state law for all persons under the age of eighteen (18) years of age; as well as the opportunity to purchase liability and/or personal injury insurance coverage. (b) A rental agency shall not rent or offer any moped for rent to anyone under the age of fifteen (15) years of age. (c) A rental agency shall not rent or offer any moped for rent to any minor between the ages of fifteen (15) and eighteen (18) years of age unless: (1) The minor has identification verifying that he or she is over the age of fifteen (15) ; and (2) The minor's parent or guardian signs the rental agreement. Sec. 20 -136 Enforcement of Moped Regulations; Penalties. (a) Any sworn member of the South Bend Police Department has the authority to enforce these Moped regulations. (b) An ordinance citation shall be issued for any violation of the provisions of this Article, which shall subject the violator to a fine of twenty -five dollars ($25.00) for the first violation, and a fifty dollar ($50.00) fine for each violation thereafter. Said fines shall be paid through the Ordinance Violations Bureau. (c)A moped may be subject to impound until violations are remedied to the satisfaction of the South Bend Police Department. (d) Dedication of Fines/Fees Collection: Fifty percent (50 1/o) of all fines and fees Moped Regulations Ordinance Page 5 collection for any .violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund # 220). Section III. 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: 20 -136 Moped Regulations $25.00/$50.00 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 legal publication. MOM. Office of the City Clerk Karen L. White, Council Member at Large Tim Scott, 1" District Council Member Derek D. Dieter, Council Meln6er at Large t [ �fili cwt N1 I`a 10 �" te�,r A ra« '. hRrY �. .. Via;J 10 K�i��tbtVi�.��j��p 4�3n V��JU Ciea a�� tuf!'.iru�v.L��Slit1C and V f.eL•ti��2i Ca ii1(4i Ism, City of South Bend W © CE,,� Common Council 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District June 3, 2013 Members of the Common Council 4'' Floor County -City Building South Bend, Indiana 46601 Re: Proposed Moped Regulations Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://www.southbenctin.gov In 2010, the City of South Bend was awarded "Bicycle Friendly Community" status by the League of American Bicyclists. Our city is one of 242 communities in the United States who have received this status for its "remarkable commitments to bicycling ". On March 11, 2013, the South Bend Common Council passed Ordinance No. 10223 -13. That ordinance established local safety regulations when passing bicycles when operated in the City of South Bend city limits. David Varner As of this year, the City's website "Bike South Bend" notes that the city has Fifth District approximately 62.4 miles of bicycle lanes or routes established within the city Oliver J. Davis limits which consist of multi - purpose paths separated by streets (15.0 miles) Sixth District striped bike lanes (16.5 miles) and other designated on- street routes (30.9 miles). Derek D. Dieter Perhaps due to the rising gasoline prices and an increasing focus on "going At Large g green ", South Bend like many other communities, is experiencing a growing Gavin Ferlic number of persons operating mopeds. Unfortunately, some of the headlines this At Large month published by the news media have been "8- Year -Old Run Over by Moped" Karen L. White and "Moped Crash Tuesday Afternoon Leaves Man Dead ". At Large We are introducing the attached proposed ordinance. It is aimed at helping protect the health, safety and welfare of our residents. We have collaborated with the City Administration so that the best possible regulations are being proposed. We have additionally reviewed regulations which have been in effect in some other 2nd class Indiana cities. Cover Letter to Proposed Moped Ordinance June 3, 2013 Page 2 We request that this Bill be sent to the Health and Public Safety Committee for review and a favorable recommendation. In the interest of promoting public safety, we look forward to discussing it with you. Thank you. Most in rely, Kar n L. White, Chairperson Health and Public Safety Committee Council Member at Large Tim airperson Residential Neighborhoods Committee 1St Distri Coun '1 tuber Derek D. Dieter, Council President Council Member at Large Attachment Filed to C, . _ office JUN -3 2013 __CITYCLERk, 6W fh SEND, IN ��ll N� 13 -45 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS -- SECTION 2 23229 23309 23389 24029 24089 24169 24249 24329 23239 23319 23399 24059 2413, 24219 25099 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 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lots 32 Address 2322 Basin Street Tax Key #s 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 all 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 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 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. 2 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1- 12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 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 et 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. 3 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sera. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. .w hfl� �iUP�C3�!�t73 4 Member of the Common Coun 1 aw coundi itcdo:! C.l"I lt `Js iv wvs Filed in C','I' v . .' Office JQN -3 � CITY CLERV, FEND, Its RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 773 Pulling Street AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Joel & Katherine Dosmann 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 773 Pulling Street, South Bend, Indiana, and which is more particularly described as follows: Lot 102, in Royal Oak Estates, Section 2, as per Plat thereof recorded January 22, 2003 as Instrument No. 0303821, in the Office of the Recorder of St. Joseph County, Indiana and this property has Tax Key Number 023 - 1018 - 0381.59, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seq., 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 SeMc ., 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. 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 Common Council {�� E F t f w ailed in Clerks�� ; F � , and i}r Rt ••� �vY„Gdtiil� an .. .W+.,.,y '. Ott arl mIs issue, i .JUL - J X014 b Nod APP -Roynb N. i �,f3tJ'P7Cf�. `r 227 W. JEFFERSON BOULEVARD SuiTF, 1400 S. SOUTH BEND, IN 46601 -1830 July 2, 2013 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTNE DIRECTOR Council Member Gavin Ferlic; 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: Dosmann, Joel & Katherine Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by Joel and Katherine Dosmann to build a single - family home at 773 Pulling Street. 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 build a single - family home at a cost of approximately $214,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, July 22, 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 -9278. �Sincerely, Kathy Hahjn Analyst, Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Dave Relos PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 i, CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTNE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574/235 -9371 FAX: 574/235 -9021 SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: DOSMANN, KATHERINE & JOEL DATE: July 2, 2013 On July 2, 2013, a petition for residential tax abatement consideration for real property located at 773 Pulling Street was filed with the City Clerk by Joel and Katherine Dosmann. 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 Joel and Katherine Dosmann intend to construct an approximate 2,300 square foot, single - family home. The home will have a kitchen, dining room, living room, den, laundry room, 4 bedrooms, and 2' /z baths. . The cost of the home is expected to be $2,14,000. The lot.is located in Royal Oak Estates which is a south side subdivision with over 30 vacant lots: Growth in the neighborhood has stagnated. The lot is currently owned by First Federal Savings Bank and it will be sold to the builder which is Oakbrook Homes (Tony Mynhier). It will then be sold to the Dosmanns. The previous builder holding the lots was Weiss Homes. This will also introduce a new builder to that area. Total taxes to be abated during the (5) five -year abatement period are estimated to be $8,769. Total taxes to be paid during the (5) five -year abatement period are estimated to be $3,162. PIANNTNG NEIGHBORHOOD ENGAGEMENT ECONOMIC RFsouRCEs JITIN KAIN PAMELA C. MFAER DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITF. 1400 S. SOUTH BEND, IN 46601 -1830 South Bend Common Council RE: Dossman, Joel & Katherine July 2, 2013 Page 2 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMM:UNIT,Y INVESTMENT SCOTTTFORD, EXECUTIVE DIRECTOR ABATEMENT QUALIFICATION PHONE: 574/235 -9371 FAX: 574/235-9021 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. PIANNTNG NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCES JITIN KAIN PAMELA C. MEYER DONALD E. 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CB CL 'D CL O 'O O ) U O O 0 > N a) C6 n C6 O ¢ cn a = cn m N x m cn cu 3 F—m *—� CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C. 6.1.1- 12.1 -1, et se g.. and South Bend Municipal Code Sec. 2 -76 q. sec , for this petition state the following: Describe the proposed construction project, including information about square footage, number 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 nroiect 61cP neMit4^. l 2. Estimate the dollar value of. the construction project (do not include land cost): $�2- %4t ©UCH 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 tinder which the corporation has filed with the Securities and Exchange Commission): Name Address Interest �1C�f -E �?� SA ✓1! t!'= fF+?� xtr 3� i E. lVir�+i, 5't, kocl es,*+ � I14 4_6975' - --- - - - - -- oWVrr %f5 in l2eyk/ Oc+� �ies t,�hicr�- - -�� -- - - - - -- t �r11J led - ,1� �o5vnani�_ —_J 3735 1 1l St, Alieh kda", M i 1/GS451 - r 1:,.,► r,_ „. 4. The commonly known address of the Property is: -_ 73 C /A /Il c 1 S� LI"j -11 - - -- and having tax key no.: -.2 3= /O/8_ D 3 8/_5_9_ ---- (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is 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 $1-TT ------ (use additional sheet for multiple addresses). (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): — W V 717, :7(0 .c'i7c.,S.a v- (This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 10_ What is your best estimate of the after completion market value of the property. $ 1319/ ODD (Rev. 5/13/11) 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 permit has already been issued). The signature below is verification of this statement. 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: 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 impaired values and prevent a normal development of the property: 14. The current use of the property is --- Y_q,C'.�i_f (Ot -- ---- ------------ ---- - - - - -- and the current zoning is SF_ Z (use). (Mis information may be obtained from the Building Department 235 -9553) 15. 71e property is located in the follougng Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): ------ - - - - -- -lief _1 N _ a>2�l Ltzr� trQn a _ cr Jt ns _e_t_ vnu:�: /h !19Yh •r ls) 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Addre! City, S Telepr Email 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 confirm such resolution. Name of Property Owner(s): By: ature) �o� Dvs� -r,ahh 6eWs (Typed or printed name city ICS iiin In (Rev. 5/13/11) 2 JUL 2- 2013 J �° 4 itv� >i�� >� CITY CLERK, S i±.ENC, IN c /s. STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (112 / 1 -07) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the followi �1 Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.14) Eligible vacant building (IC 6- 1.1- 12.14.8) Filed In Clerk's Of ;c JVL 2 r- 2013 India Code (check one box): JOHN VOORDE CITY CLERK, SOUTH SEND IN 20 PAY 20_ SB -1 / Real Property INSTRUCTIONS. r 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabiNation of real property for which the person wishes to claim a deduction. 'Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS.. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to iniliation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 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 mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- ?/Real Property annually to the application to show compliance with the Statement of Benefits. [IC 6 -1.1- 12.1- 5.1(b) and /C 6 -1.1- 12.1 - 5.36)] 5. The schedules established under /C 6 -1.1- 12.1 -4(d) for rehabilitated property and under /C 6 -1.1- 12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. SECTION I TAXPAYER INFORMATION Name of taxpayer NW Address of taxpayer (number and street, city state, and ZIP code) 13-7 7 ; Hill /'eL i jJ Name of contact person Telephone number E-mail address 1 `50 - �jdos►t,WN►,�ricl Z�lk SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body :F.Fuax on number Location of property , - r t County -.- ting district number Current number i Salaries (use additional sheets if Number retained Estimated start date (month, day, year) Estimated completion date (month, day, year) Number additional (Salaries NOTE: Pursuant to IC 6-1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS_ is confidential. .COST ASSESSED VALUE Current values 1 Plus estirr)ated values of proposed project 2 j t) °v Less values of any property being replaced Net estimated values upon completion of Droiect .. „ Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits Jiutial lxy►c�/5 �voxld ,6.L srir�u(a --ir' •ctarrorw� in S;�Jocc h atd s �'�" ev P umu��d,:� cokst�ses bh•�l /ot,2t GoK -� rJOYIIt anuC- cur firrn:lr� cf 6" 10 4A4 a Xry ayd scArwls. Ficfs[�,c- hc�itfii`5 l+icrufd tic +s>if»rtapew'. dc�r �v.»utt in a st fAe*d rttffkblYfio aC wN vy*- 3D !�[Q,tt /cis i,1y i�fs�slkc,,` a hcw ►pc t fahl ,fig ante. au�uc �u /►bvrhovd of fit oaf Esters, Ac it c as Mcle AVunt' ,e,v "Fsf M4 5 o>r *- ulh^i- /'S = pfd -1w Wlu t lo It. Cap eVed ks,R e lexe, on Ay Pr odc4 IZ2, 3y in �and liu *t5 in U/Z f I'le Ud3). Qxregh r ,&d s tm� Pr, e K e pJe >�d. w ig ti� Ma ul 3, ° ° y� ry VVI I hereby certify that the representations in this statement are true. Signature of authorized representative Title Page 1 of 2 Date signed (month, day, year) 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 years * (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years* (see below). We have also reviewed the information contained in the statement of benefts 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) I Telephone number I 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 Filed in CIF. JUL . 2 JOHN cr" CLERK • ..._.... I, ,2 t \.....,. r_.. Q OL fA � •,� "•\ ,�,� •T'%.'. i � � � � /t. v. �,,r �'�•� yam°• i � ♦ f js } w�-- '""�,% "3 1/ OJT .I' ,1 '' TOi � ,;; � � - ,..,�_• � ..... -•-+. - ....,�....._. ,�,_ ._ , I i+ ; i za �� iii �, Exhi bii C y t ! c t � 4 t { I 11, L _V- � _� J.. D�_ _-_ � - - t 2 - L1, � 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 1047 Lincoln Way East AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Crooked Ewe, Inc. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1047 Lincoln Way East , South Bend, Indiana, and which is more particularly described as follows: Parcel 1: Lots G Two (G -2), F Two (F -2) and E Two (E -2) as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition, more fully described as beginning on the West edge of the St. Joseph River on the line between lots "G -2" and "H -2" as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition: thence Southwest on the line between said "Lots "G -2" and "H- 2" to Lincoln Way East; thence Northwest on the Easterly line of Lincoln Way East 136.7 feet; thence Northeast parallel to the line between said Lots "G -2" and "H -2" 30 feet; thence Northwest parallel to Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots "G -2" and "H -2 ", to the St. Joseph River, thence Southeast along said river to the place of beginning. Parcel II: Lots H Two (H -2) and I Two (1 -2) as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition to the City of South Bend recorded November 17, 1908 in Plat Book 9, page 100 in the Office of the Recorder of Saint Joseph County, Indiana. and which has Tax Key Numbers 018 - 7017 -0684; 018 - 7017 -0682; and 018- 7017 -0682; presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sm., and South Bend Municipal Code Sections 2 -76, et SeMc ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the `Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et SeMc ., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council SECTION V. 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. 2 SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ��-, : •aM lit Member of the Common Council PRESENTED fool APP 0VTi: a. PTE0 3 co A,f :i r • r� an Council a -1v3t On UIS tsSue, F110 ar� Oerk's Office 0 i 131 CITY 04�AKx pul kr ,4 a wDl. IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1047 Lincoln Way East AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR CEOL MOR PROPERTIES, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 1047 Lincoln Way East which is more particularly described as: Parcel 1: Lots G Two (G -2), F Two (F -2) and E Two (E -2) as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition, more fully described as beginning on the West edge of the St. Joseph River on the line between lots "G -2" and "H -2" as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition: thence Southwest on the line between said "Lots "G -2" and "H -2" to Lincoln Way East; thence Northwest on the Easterly line of Lincoln Way East 136.7 feet; thence Northeast parallel to the line between said Lots "G -2" and "H -2" 30 feet; thence Northwest parallel to Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots "G -2" and "H -2 ", to the St. Joseph River, thence Southeast along said river to the place of beginning. Parcel 11: Lots H Two (H -2) and I Two (1 -2) as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition to the City of South Bend recorded November 17, 1908 in Plat Book 9, page 100 in the Office of the Recorder of Saint Joseph County, Indiana. And which has Key Numbers 018 - 7017 -0684, 018 - 7017 -0682; and 018 - 7017 -0680 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sec ., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et sec ., and South Bend Municipal Code Sections 2 -76, et sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits fonn completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PLESMITED 1w :r �krpizo w �tatOPT� Member of the Common JV ouncil w(7 J. Opportunity j roe $i court l aft on VJS Filed In ice P JUL _ 6 ?0131 4 CnV i CLERK, S(A "' sftwAID, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson July 3, 2013 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Crooked Ewe, Inc. Real Property Tax Petition for: Ceol Mor Properties, LLC Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a personal property tax abatement petition and a real property tax abatement petition for the above - referenced petitioners. Also attached are copies of the petitions, Statement of Benefits forms, and supporting information. The project calls for the rehabilitation of a vacant building into a brew pub located at 1047 Lincoln Way East by Ceol Mor Properties, LLC. Brewing equipment will be installed by the tenant, Crooked Ewe, Inc. The report contains the Department's findings relative to the above petitions. Ceol Mor Properties, LLC qualifies for a three year real property abatement. The cost of rehabilitating the building is $320,000. Crooked Ewe, Inc. be purchasing and installing new equipment. The total project cost for the equipment is estimated at $114,037. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from both companies will be available to meet with the Committee on Monday, July 22, 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 -9278. Sincerely, Kathy Hahn Analyst- Economic Resources Attachments cc: South Rend Clone on Council_ ''' 1 "s PLANNING NFIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN.46601 -1830 Mayor Pete Buttigieg Scott Ford Chris Fielding Dave Relos Aladean DeRose CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR PHONE: 574/235 -9371 FAX: 574/235 -9021 PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RPSOURCES JIT1N KAIN PAMELA C. MEYER DONALD E. INKS 227 W. JEFFERSON BOULEVARD STATE. 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, IMAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: CROOKED EWE, INC. REAL PROPERTY TAX ABATEMENT PETITION FOR: CEOL MOR PROPERTIES, LLC DATE: July 3, 2013 PHONE: 574 /235 -9371 FAX: 574/235 -9021 On July 3, 2013 a petition for personal property tax abatement consideration and a petition for real property tax abatement consideration for property located at 1047 Lincoln Way East, South Bend,were filed with the City Clerk by Crooked Ewe, Inc. and Ceol Mor Properties, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, these petitions were referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies * An Ec. Pomic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petitions (copies of which are attached), investigated the area, and makes the following combined report. PROJECT SUMMARY The proposed project involves the rehabilitation of a vacant building which was formerly a VFW hall into a brew pub. The brew pub will manufacture beer for area restaurants, retail stores, and their "storefront ". The building will be renovated in two different sections with one side being the brewery side (2,400 square feet) and the other side being the storefront (5,000 square feet). The storefront will serve manufactured beer on premise as well as packaged beer for take -away. Food will be served on the premises. They intend to build a structure on top of the flat roof to the west which will act as a fagade as well as add continuity to the existing structure. This will act as the brewing space. Above this flat roof PI ANNTNG NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITTN KAIN PAMELA C. MF.YF.R DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD; EXECUTIVE DIRECTOR RE: Tax Abatement for Ceol Mor Properties, LLC and Crooked Ewe, Inc. July 3, 2013 Page 2 South Bend Common Council PHONE: 574/235 -9371 FAX: 574/235 -9021 will be storage and a deck overlooking the St. Joseph River. There is also a two story section which will be rehabilitated. And finally a flat roof off the rear of the building will be rehabilitated. The renovations will cost $320,000 and will be financed with an SBA 504 loan. Our local code provides for tax abatement for manufacturing concerns on a city wide basis having 10,000 square feet of rehabilitated space. Because this structure has only 7,400 square feet and because this establishment will be a combination manufacturing facility and restaurant, this request for real property abatement is an exception under the City Code. The brewing equipment that the tenant, Crooked Ewe, intends to install consists of 13 vessels (ranging from 310 gallons to 400 gallons). A small computer system will also be installed for brewing software which will allow them to closely monitor the product. They will also install 20 solar panels on the roof to aid in water heating. The cost of the brewing equipment and IT equipment is $114,037. Any restaurant equipment would not be covered by the abatement due to the definitions of equipment in the State and local code. Total taxes to be abated during the (5) five -year personal property abatement period are estimated at $5,032. Total new taxes to be paid over five years are estimated at $4,899. Total taxes to be abated during the three (3) year real property abatement period are estimated at $14,096. Total new taxes to be paid over three (3) years are estimated at $14,506. EMPLOYMENT IMPACT Per the petition, it is estimated that the 40tal project will: (a) create 21 permanent, full -time and 5 permanent, part-time jobs within the first year, representing a new annual payroll of $752,460. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted any previous tax abatements. PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY 'INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR PHONE: 574/235 -9371 FAX: 574/235 -9021 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in a tax abatement target area and also in the Airport Economic Development area. . 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. The petitioner meets the qualifications for a three year real property abatement under section 2 -84 Coucil's Authority To Enlarge Real Property Tax Abatement General Standards, 1 ". PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER DONALD E. INKS 3- Jul -13 Public Benefit Points Summary * * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub -total Project Related: 0 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% N 0 25 B. 200% to 299% N 0 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub -total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D. Require Target Wage Levels Y 22 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub -total Construction Related: 81 141 4. Wage & Benefit Related: A. Pay Target Wage Levels N 0 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub -total Wage & Benefit Related: 62 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 42 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 185 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Additional Years of Abatement Multi - family Development Proiects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 185 Base Years of Abatement 3 Additional Years of Abatement: Total Years of Abatement: 3 M 7 M Q W M co A M 00 C0OIt co co r- rn O N .0 N a0 M OIMII N CoIM O co O Ln co co I�-II C5 0 o NI0000 - N N N CO 0 0 [YOB 0 O O CO o O N co co co M O CO I` O O - O O 0 0 tl- 0011- �X O } Op N rn LO h h I- co O } OO N N O 3 N N N CO 0 N 0 0 O°\0 coo o a O co U ._ 0 0 h O O - O O 0 0 tl- 0011- �X rn U-) LO U N N N 00 I- co O } OO N N O M M N co I- N o M n h I- N N 0 0 co y O LO . 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The structure is in three different sections: one is the flat roof to the west which will act as the brewing space. Above this flat roof will be storage (facade) and a deck overlooking the St Joseph River. The second section is the 2 -story structure which will be rehabilitated. Finally. the third section is an additional flat roof off of the rear of the building All spaces will be rehabilitated in order to improve the overall condition of the space Land Size .54 acres; Building Size 7,636 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach an additional sheet if more space is needed): The business will be a Brewpub, manufacturing beer for area restaurants, retail stores, and throuqh our "storefront ". The building will be renovated in two different sections, one being the brewery side (approximately 2400 sq ft) and the other being the "storefront" (approximately 5000 sq ft). The "storefront" will serve manufactured beer on premise as well as packaged for take -away. We also intend to serve food on premise. 3. Estimate the dollar value of the project (excluding land): $ $320,000.00 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $ 78,700.00 (This information may be obtained from the St. Joseph County Assessor's Office 235- 9557. ) 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST ( %) Ceol Mor Properties, LLC 2416 River Ave, Mishawaka, IN 46544 100% (Rev 5/13/11) (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST ( %) Crooked Ewe, Inc. 1047_ Lincoln Way East South Bend IN 46601 100% 6. The commonly known address of the Property is: 1047 Lincoln way East south Bend Indiana 46601 7. The Key Number(s) of said property is: 018- 7017 -0684 018- 7017 -0682 018 - 7017 -0680 8. A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. 9. A map and /or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Economic Target Area - Lincoln Way west & Portage Ave Corridors AND the Airport Economic Development Area (per southbendin.gov) 12. The redevelopment or rehabilitation project itself will: (a) create 21 permanent, full -time and 5 permanent, part-time jobs within the first year, representing a new annual payroll of $_752,460.00 ; and (b) maintain n/a existing, permanent, full -time and n/a existing, permanent, part-time jobs (including existing, permanent, full -time, minority employment of n/a workers and existing, perma- nent, part-time, minority employment of n/a workers) with a total annual payroll of $ n/a for all existing employees. 13: Provide current wage information for existing employees including: base.rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentialsi non - production bonuses, and tuition reimbursements. Full -Time Part-Time Laborers $ n/a $ n/a Technical $ n/a $ n/a Managerial $ n/a $ n/a . Administrative $ n/a $ n/a (Rev 5/13/11) 2 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): POSITION (Indicate Full Time [FT] or Part Time [PT]) EMPLOYMENT WAGE Please see separate page. 15. Indicate whether your company provides the following benefits (use Y /N): n/a Health Care Benefits n/a Pension Plan n/a Employer Provided Training (recognized or certified training /educational courses or programs) n/a Day Care (provide or contribute to the cost of child day care for its employees) n/a Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) n/a Employer- Assisted Housing Program (provide an employer- assisted home ownership program) n/a Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2012 $2855.92 IF O. ca Ult to.ov 4f &CC 'LOIN 0.00 ,n_ pUvV 0.00 Apo% Wco 1 0.00 (This information may be obtained from the St. Joseph County Treasurer's office 235 -9531) (Rev 5/13/11) 17. Please list the number of full -time and part-time minority employees for each of the last three years: Year n/a n/a n/a Black Full Part Full Part Full Part Hispanic Asian Indian Other 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: We are a_start-up business with no plans currently in place However, Ceol Mor Properties, LLC and its tenant, Crooked Ewe, Inc, are equal opportunity employers and do not discriminate against anyone on the basis of race, color, religion sex age, national origin, disabilitv, sexual orientation or veteran status. 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235 -9335 for additional information on this section): n/a Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. n/a Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S /11) in the most recent Historic Preservation county- wide survey. n/a Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. n/a Cleaning up a "Brownfield," which is any site, building, facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): No (Rev 5/13/11) 4 21. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. our overall plan of changing the zone requirements to "manufacturing retail' has been approved by the Common Council and we intend, since the approval was a per- requisite of the project we would achieve one or more physical elements. As of yet, plans have not been officially identified in a development or revitalization plan by the Council. 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. No 23. Is your company incurring any of the costs of extension 'or over - sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) if more space is needed): No significant improvements involving the municipal infrastructure serving the site. Only real improvement will be reducing the power lines that attach the building from the street. It is our intent to beautify the property which has been vacant for over two years. 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description is: SIC - 312120 - Breweries - This industry comprises establishments primarily engaged in brewing beer. 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 312120 - Breweries 29. The current use of the Property is vacant. formerly VFW halland the current zoning is LB - manufacturing retail . (This information maybe obtained from the Building Department 235- 9554). (Rev 5/13/11) 5 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and /or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL n/a 31. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. We intend to obtain a Small Business Administration Section 504 loan in the amount of $320,000.00 for the rehabilitation costs on the real property. 32. The following person(s) should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: Sean H Meehan Address: 2416 River Ave City, State, Zip: Mishawaka, IN 46554 Telephone: 574 - 210 -6809 E -mail address: sean @crookedewe.com 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2 -83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: n/a Address: City, State, Zip: Telephone: E -mail Address: (Rev 5/13/11) 6 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Sean H Meehan Terrance P Meehan By: ( igned Name) Sean Meehan (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) I t •_ (Rev 5/13/11) o 0 O O. E m to 'o L o m•�+ O o +L. 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C (ow .C�— O U d v U •= .- cV J O E a F- 3 ° 4- M (D C to p a U to > 'a .y = tq •� O co OC ,r O ° > O O t6 L M U 3 U J Z 0 to N i ° ° N c o o 3 ° -C _ aD moo m o > M _ m o ai �a = 0 3� Q� > =0 -:CV �J lntOf�C66c; d C v_ _0-:cjt`)'iL6 a — CV J Z F- i5 F- cm CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 -83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851. South Marietta Street, South Bend, Indiana 46601, or its successor agency as a condition of receiving property tax abatement. Ceol Mor Properties, LLC Petitioner's Name Agent's Name Acting on Behalf of the Petitioner Sean H Meehan Contact Person 2416 River Ave Street Address, Mishawaka, IN 46544 City, State, Zip Code 574 - 210 -6809 Business Telephone Number _sean @crookedewe.com E -mail Address Signature of Petitioner i .y cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Department of Community and Economic Development City Clerk's Office * STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R2 / 1 -07) Name of contact person Telephone number E -mail address 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- 12.14) ® Eligible vacant building (IC 6 -1.1- 12.1 -4.8) E 20_ PAY 20_ RM SBA / Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the pubiic he if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects "planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 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 mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (lC 6 -1.1- 12.1- 5.1(b) and IC 6 -1.1- 12.1- 5.36)j 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated property and under lC 6 -1.1 -12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. Name of taxpayer Ceol Mor PrODertieS. LLC Address of taxpayer (number and street, city, state, and ZIP code) 2416 River Ave, Mishawaka, IN 46544 Name of contact person Telephone number E -mail address Sean H Meehan seas crookedewe.com Name of designating body Resolution number South Bend Common Council ofu Location of property 1047 Lincoln Way East, South Bend, IN 46544 County DLGF taxing district number St Joseph County 026 Description of real property improvements, redevelopment, or rehabilitation (use additional sheets If necessary) Estimated start date (month, day, year) Improvements will include rehabilitating the exterior and interior of the building from general August 1, 2013 lack of up- keeping. We intend to add a facade as well as roof decks where the.community Estimated completion date (month, day, year) can en'o the river front setting. November 1, 2013 Current number Salaries Number retained Salaries Number additional Salaries two (2) $0.00 two (2) $100,000.00 twenty eight (28) $360,000.00 Mill 1111101�6 NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Or= 000.00 78.700 Plus estimated values of proposed project $320,000.00 $421,300.00 (estimated) Less values of any property being replaced $0.00 $0.00 Net estimated values upon completion of project $375.000.00 $500 000.00 estimated • • . • • Estimated solid waste converted (pounds) n/a =Estimated dous waste converted (pounds) n/a Other benefits CITY F CU;.ii ia.. , i.: w, l k- .. .,t9i , tr,.? ;. I hereby certify that the representations in this statement are true. ' Signature uthor' representative Title Date signed ( month, day, year) ' Director July 3, 2013 .1 u 1 UI L CROOKED EWE Brewery & Ale House Employee Staffing Plan 1) Brewmaster -- Full Time — Salary position at $35,000 /year 2) Assistant Brewmaster -- Full Time — Salary position at $20,000 /year 3) General Laborer (beer manufacturing) -- Full Time — Hourly position at $10 /hour - $20,800 /year (average) 4) General Laborer (beer manufacturing) -- Part Time — Hourly position at $10 /hour - $10,000 /year (average) 5) Off Premise Sales Person -- Part Time (20hrs /week) — Hourly position at $20 /hour - $20,800 /year (average) 6) Two (2) On- Premise Sales Managers -- Full Time — Salary position at $30,000 /year (each position) 7) Eight (8) On Premise Sales Persons -- Full Time — Hourly position at $3 /hr + tips - $30,000 /year (includes tips) 8) Three (3) On Premise Sales Persons -- Part Time — Hourly position at $3 /hr + tips - $20,000 /year (includes tips) 9) General Maintenance /Cleaning -- Full Time — Hourly position at $9 /hour - $18,720 /year 10) Three (3) Dishwashers — Full Time — Hourly position at $9 /hour - $18,720 /year (each position) 11) Chef -- Full Time — Salary position at $42,500 /year 12) Five (5) Cooks -- Full Time — Hourly position at $10 /hour - $20,800 /year (average) Total Management Four (4) Employees = $115,000.00 /year Total Sales Persons Twelve (12) Employees = $320,800.00 (number includes tips received) Total General Laborers Three (3) Employees = $49,520.00 /year Total Kitchen Employees Two (2) Dishwashers = $37,440.00 /year Chef = $42,500 /year Four (4) Cooks = $187,200.00 /year -... s t. ''.i is ^•� ? 4,:; ., ,,, °`4 F. EXHIBIT A Parcel I: Lots G Two (G -2), F Two (F -2) and E Two (E -2) as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition, more fully described as beginning on the West edge of the St. Joseph River on the line between lots "G -2" and "H -2" as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition; thence Southwest on the line between said Lots "G -2" and "H -2" to Lincoln Way East; thence Northwest on the Easterly line of Lincoln Way East 136.7 feet; thence Northeast parallel to the line between said Lots "G -2" and "H -2" 30 feet; thence Northwest parallel to Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots "G- 2" and "H -2 ", to the St. Joseph River; thence Southeast along said river to the place of beginning. Parcel II: Lots H Two (H -2) and I Two (1 -2) as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition to the City of South Bend recorded November 17, 1908 in Plat Book 9, page 100 in the Office of the Recorder of Saint Joseph County, Indiana, MTC File No.: 13 -1650 (PWD) Page 3 of 3 8ft 14ft 76ft 48ft Q, N N 0 tl� 0 130ft 0 I &5fl I . ri c G G V) n� r ri 9 Nt V Mit v) owl w ru c r 5 u 9r- r 3 ID Z ~ J m N 2 W W X 1— W �5 Y 0 O L U i 9ft 8 E. rC: 4' �O M N 0 I &5fl I . ri c G G V) n� r ri 9 Nt V Mit v) owl w ru c r 5 u 9r- r 3 ID Z ~ J m N 2 W W X 1— W �5 Y 0 O L U i 9ft 8 E. rC: 1 43 � f a "< ~ 4 { { �+ it � � � N f � a�. �� j � '.w� �¢ '7FPt4 �� ,; .. ,. .w6r �. _ _,, — t � r F y.T �, NT �' aw ... _.. - is � r } �.i #�+ �.� �� 1 T . .,. - t._ �; CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, new research and development equipment, new logistical distribution equipment and /or new information technology equipment, all personal property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for personal property (new manufacturing equipment, new research and development equipment, new logistical distribution equipment and /or new information technology equipment) tax abatement consideration and pursuant to I.C., 6- 1.1- 12.1, et sea., and South Bend Municipal Code Section 2 -84.2, et sea., for this petition state the following: Describe the proposed project, including information about the new personal property identified as manufacturing, research and development, logistical distribution and /or information technology equipment ( "Equipment ") to' be installed, the amount of land to be used, if any, the proposed use of the Equipment, and a general statement as to the importance of the project to your business. We intend to open a Brewpub where we can self- distribute our manufactured beer as well as establish a regional footprint in distributing within 5 years of opening We will be obtaining thirteen (13) vessels (ranging from 310 gallons to 400 gallons) and using various means for liquid _transfer pumps. A small computer system will also be installed for brewing software which will allow us to closely monitor the product. In addition we will install twenty (20) solar panels to be placed on the roof to aid in water heating. The equipment will define our business as a Brewery/Pub 2. The project will: (a) create fourteen permanent, full -time and five permanent, part- time jobs within the first year, representing a new annual payroll of $ 485,320.00/ incl tips and (b) maintain n/a existing, permanent, full -time and n/a existing, permanent, part-time jobs representing an annual payroll of $ n/a for existing employees. 3. Provide current wage information for existing employees including: base rate, cost - of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements. Laborers Technical Managerial Administrative (Rev. 5/13/11) Full -Time $ n/a $ n/a $ n/a $ n/a Part-Time $ n/a $ n/a $ n/a $ n/a 4. The projected annual salary for each new position indicated in item 2 above is estimated to be as follows (Please attach a separate sheet if more space is needed): POSITION (Indicate Full time [FT] or Part time [PT]) EMPLOYMENT WAGE Please see attached. 5. Estimate the total cost of the new Equipment: $ 114,037.00 6. (a) The Equipment is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST ( %) Crooked Ewe, Inc 1047 Lincoln Way East, South Bend, IN 46601 100% (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Equipment (include corporate information as required in (6)(a) above, if applicable): NAME ADDRESS INTEREST ( %) n/a 7. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Our operation will be to manufacture beer for sale to area restaurants and liquor stores as well as through our "store front', which will be considered the "tap room ". 8. The commonly known address of the REAL property where the Equipment is to be located is: 1047 Lincoln Way East, South Bend, Indiana 46601 9. The Key Number(s) of said property is: 018-7017-0684,018-7017-0682,018-7017-0680 10. A legal description of the REAL property where the Equipment is to be located is attached hereto, marked "Exhibit A," and incorporated herein. 11. A map and /or plat describing the REAL property where the Equipment is to be located is attached hereto, marked "Exhibit B," and incorporated herein. (Rev. 5/13/11) 12. Photographs of the REAL property, taken within two (2) weeks of filing of this petition are attached hereto, marked "Exhibit C," and incorporated herein. 13. The current assessed valuation of the tangible personal property to be replaced by the new Equipment is $ n/a (This information may be obtained at the St. Joseph County Assessor's office, 235- 9523) 14. The current use of the REAL property where the Equipment is to be installed is vacant, formerly VFW hall and the current Zoning is local business and manufacturing retail (This information may be obtained from the Building Department, 235 -9553) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES 2012 $2,855.92 PERSONAL PROPERTY TAXES t _ov it -to.cm 6.0-& ?c z *D.C'v -01 _Zc nit O• GV AF n _ ni-, I,_C019 t 0 -00 t o l aD (This information may be obtained from the St. Joseph County Treasurer's office, 235 -9531) 16. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full -time or part-time and whether permanent or temporary employees. The Petitioner shall .also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part- time). We are a start-up business and intend to hire the best possible candidate for each job. We will conduct several interviews through a comprehensive EEOC application process 17. Describe on -site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. We intend to offer full health benefits (medical dental vision and life) to all full time employees 18. What is your best estimate of the market value of the new Equipment after installation? $ 114,037.00 19. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? $ 5,000.00 (Rev. 5/13/11) 20. What is the commitment your firm will make to minority employment during the five years of tax abatement? Crooked Ewe, Inc is an equal opportunity employer and does not discriminate against anyone on the basis of race, color, religion, sex, age, national origin, disability, sexual orientation or veteran status. As stated in the company handbook, employees are to treat all people on premise and beyond with respect and dignity, regardless of their position, appearance, or economic status 21. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 22. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and /or personal property), term and date of approval. (Please attach a separate sheet if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL n/a 23. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description is: 312120 (SIC) - Breweries -This industry comprises establishments primarily engaged in brewing beer. 24. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 312120 - Breweries 25. The REAL property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Economic Development Target Area - Lincoln Way West & Portage Corridors and the Airport Economic Development Area (southbendin.gov) 26. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. Small financing ($25,000 or less) will be obtained in the form of a Small Business Administration Section 504 Loan to aid in the, purchasing and installing of the solar panel system. No other financing will be needed with regards to the equipment. (Rev. 5/13/11) 27. Describe how and why the manufacturing equipment, research and development equipment, logistical distribution equipment and /or information technology equipment to be replaced or the facility in which the Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: n/a -- No business operations currently exist. Main advantages in the equipment we are purchasing are on the reduction of utilities (natural gas and electric costs) in the production stapes The state of the art equipment purchased utilizes several cost efficient advantages over older equipment used by other existing breweries. 28. The new manufacturing equipment, new research and development equipment, new logistical distribution equipment and /or new information technology equipment to be installed will be used for one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in I.C. 6 -1.1 -12.1 et seg: and the Equipment was never before used by its owner for any purpose in Indiana. (The signature at the end of this Petition is verification of this statement.) 29. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Sean Meehan Address: 2416 River Avenue City, State, Zip Code Mishawaka Indiana 46544 Telephone: 574 - 210 -6809 E -mail Address: sean(acrookedewe.com WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Filed in G4,91 A Sean H Meehan Andrew C Walton I _ - - (Signed Name) CITY GLr. 9 Sf- -�D--•"`"° Sean H Meehan (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Rev. 5/13/11) o"_1 STATEMENT OF BENEFITS PERSONAL PROPERTY State Form 51764 (R 11-06) Prescribed by the Department of Local Government INSTRUCTIONS: "'Hed in tern.} (rfr+��:.. nce F_ UTY Ot.C:RK, ;30-W trf BEND, IN � FORM S13-1 / PP� PRIVACY NOTICE The cost and any specific individual's salary information is confidential; the balance of the filing is public record per IC 6 -1.1- 12.1 -5.1 (c) and (d). 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and /or research and development equipment, and /or logistical distribution equipment and /or information technology equipment for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (1C 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under /C 6 -1.1- 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (IC 6 -1.1- 12.1 -4.5(o and (g)) Name of taxpayer Crooked Ewe. Inc Address of taxpayer (number and street, city. state, and ZIP Code) 1047 Lincoln Way East, South Bend, Indiana 46601 Name of contact person Telephone number 574- 210 -6809 Sean H Meehan SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number (s) South Bend Common Council n/a Location of property County DLGF taxing district number 1047 Lincoln Way East, South Bend, IN 46601 St Jose h 026 Description of manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment. ESTIMATED (use additional sheets if necessary) START DATE COMPLETION DATE Manufacturing Equipment August 1, 2013 October 1, 201 Large stainless steel brew kettles, fermentation tanks, and conditioning tanks will be the primary value of the investment. Other costs include R 8 D Equipment solar panels for water heating, fittings, high heat transfer hoses, and n/a n/a high heat stainless steel pumps. Minimal IT equipment will be Logist Dist Equipment n/a n/a IT Equipment August 1, 2013 October 1, 2013 urchased for brewin operations and invento controls stems. Current number Salaries Number retained Salaries Number additional Salaries 0 $0 0 $0 nineteen (19) $485,320.00 4-211111LI 9:1 all Eel NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the MANUFACTURING EQUIPMENT R $ D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values $112,037 $112,037 $0 $0 $0 $0 $2000 $2000 Plus estimated values of proposed project $0 $0 $0 $0 $0 $0 $0 $0 Less values of any property being replaced $0 $0 $0 $0 $0 $0 $0 $0 Net estimated values upon completion of project $112 037 $112 037 0 0 $0 $0 $2000 $2000 • • • . • -• Estimated solid waste converted (pounds) 0 pounds Estimated hazardous waste converted (pounds) 0 pounds Other benefits: waste relative to the brewing process will be in the form of spent grain which can be donated to area farmers and unused water will be collected in the waste water system on premise. SECTION • hereby certify that the representations in this statement are true. S entative Title Date signed (month, day, year) OwnerNice President July 3, 2013 CROOKED EWE Brewery & Ale House Employee Staffing Plan 1) Brewmaster -- Full Time — Salary position at $35,000 /year 2) Assistant Brewmaster -- Full Time — Salary position at $20,000 /year 3) General Laborer (beer manufacturing) -- Full Time — Hourly position at $10 /hour - $20,800 /year (average) 4) General Laborer (beer manufacturing) -- Part Time — Hourly position at $10 /hour - $10,000 /year (average) 5) Off Premise Sales Person -- Part Time (20hrs /week) — Hourly position at $20 /hour - $20,800 /year (average) 6) Two On- Premise Sales Managers -- Full Time — Salary position at $30,000 /year (each position) 7) Eight (8) On Premise Sales Persons -- Full Time — Hourly position at $3 /hr + tips - $30,000 /year (includes tips) 8) Three (3) On Premise Sales Persons -- Part Time — Hourly position at $3 /hr + tips - $20,000 /year (includes tips) 9) General Maintenance /Cleaning -- Full Time — Hourly position at $9 /hour - $18,720 /year Total Management Four (4) Employees= $115,000.00 /year Total Sales Persons Twelve (12) Employees = $320,800.00 (number includes tips received) Total General Laborers Three (3) Employees = $49,520.00 /year Ui 8ft 14ft 76ft 48ft -- Q. cn O I j O 130f t O M 1 85ft 1 4 �a V cri r _L (r) 2 aft 0 10- v N cz tC c t-- J GCJ bi,, 4 L�0 i 4 1. LA' W 3 m z ML F—< W ^^ = WW X F- W�Y O O U ctf M _df ko r4 O M 1 85ft 1 4 �a V cri r _L (r) 2 aft 0 10- v N cz tC c t-- J GCJ bi,, 4 L�0 i 4 1. LA' W 3 m z ML F—< W ^^ = WW X F- W�Y O O U byt 3w J `� BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE COMMUNITY CAMPUS ADVISORY COALITION (CCAC) STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that on September 24, 2007, Ordinance No. 9785 -07 passed Ordinance No. 9785 -07 which created a new Article in Chapter 14 of the South Bend Municipal Code entitled "Regulations Addressing Special Events in Residentially Zoned Areas ". The 2007 15 -page ordinance was the result of many meetings hosted by the Council's Community Relations Committee which focused on several pro- active measures to help protect the residents in residential neighborhoods and to help protect visitors who come to the City's residential neighborhoods. It also included the review of many publications from the U.S. Department of Education and other key publications addressing "unruly parties ", "house parties" "off- campus parties where alcohol is present ", and other residential topics. One of the components of that ordinance also included the formal establishments of a "town and gown" group which would regularly meet in order to collaborate, share information related to improving relations. in residential neighborhoods, as well as to keep the Common Council updated and make advisory recommendations to the Council Members. It was noted that: "By having a Community Campus Advisory Coalition meet on a regular basis throughout the calendar year, we will gain insights, build strong partnerships and have the opportunity to work together to see that the best local legislation is in place which fits the needs of South Bend residents, South Bend neighborhoods, and embraces our university and college neighbors ". The Common Council notes that "in the interest of collaboration and information sharing ", the CCAC is to provide updates to the Common Council's Community Relations Committee and the Council's Residential Neighborhoods Committee on or before the Is' Monday of October, on or before the I` Monday of November, on or before March 1 s' and on or before June 1 s'. The Council further notes that the Community Campus Advisory Coalition is authorized, pursuant to South Bend Municipal Code § 14 -60, to bring advisory recommendations to the Common Council which are believed to be "...in the best interests of carrying out the public health and safety intent and purposes" of South Bend Municipal Code § 14 -50, which provides that reasonable regulations are needed to: • Protect the quality of life in residential neighborhood by controlling large parties or gatherings 2013 CCAC Ordinance Page 2 • Protect the peace, health, safety or general welfare of the general public and the persons attending such gatherings • Balance the rights of those hosting such events with the rights of quiet enjoyment of the surrounding neighbors • Strengthening collaboration and to help reduce the costs of providing police, fire and emergency medical response services to loud and unruly special events This ordinance sets forth advisory recommendations from the Community Campus Advisory Coalition which are believed to be in the best interests of the citizens of the City of South Bend, Indiana. 1 {; c le_e 'o I /r, / !1.,vY cioeWby the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 14, Article 9, Section 14 -51 addressing "Definitions" of the South Bend Municipal Code is amended by amending the definition of "Community Campus Advisory Coalition" with all other definitions set forth therein remaining the same: Community Campus Advisory Coalition (CCAC): a-24 23- member advisory task force consisting of representatives from residential neighborhoods, elected and appointed South Bend Municipal Officials, St. Joseph County officials, University /College Officials, and University /College Student Officials who are charged with identifying neighborhood concerns and proposed action plans to address such concerns. Section II. Chapter 14, Article 9, Section 14 -52 of the South Bend Municipal Code is amended to read as follows: Sec. 14 -52 Community Campus Advisory Coalition (CCAC). (a) CCAC established: In the spirit of promoting positive collaboration and pro- active measures, a 24 24- member Community Campus Advisory Coalition (CCAC) is established. (b) CCAC membership: The initial CCAC members shall include the following individuals or their official designees: Adult Program Coordinator of the Robinson Community Learning Center Chief of Police of the City of South Bend Corporation Counsel City temey of the City of South Bend Director of Code Enforcement of the City of South Bend 4'h District Common Council Member Holy Cross College official having jurisdiction over off - campus activities Indiana University South Bend official having jurisdiction over off - campus activities Ivy Tech Community College official having jurisdiction over off - campus activities Mayor of the City of South Bend Neighborhood resident selected by the Community Relations Committee and the Residential Neighborhoods Committee 2013 CCAC Ordinance Page 3 Representative of the Alcohol Beveragee�Board Representative of landlords of off - campus student housing Representative of the St. Joseph County Association of Realtors South Bend Common Council Attorney St. Joseph County Sheriff St. Mary's College official having jurisdiction over off - campus activities Student Body President of Holy Cross College Student Body President of Indiana University South Bend Student Body President of St. Mary's College Student Body President of University of Notre Dame Two (2) At Large Members of the South Bend Common Council Two (2) University of Notre Dame administrative official having jurisdiction over off- campus activities (c) Meetings: CCAC shall meet not less than me lyguarterly, with more meetings held during the last quarter of each calendar year if needed. (d) Minutes: Copies of the CCAC agendas and meetings minutes shall be regularly sent to the Office of the City Clerk for distribution to the South Bend Common Council and posted on the Council's website for informational purposes. (e) Quorum: A majority of the CCAC members shall constitute a quorum. (f) Presiding Officers: CCAC shall select a Presiding Officer, Recording Secretary, and other officers deemed necessary from its membership, who shall serve for one -year terms. (g) CCAC Duties and Responsibilities: CCAC shall be charged with making advisory recommendations to the Council's Community Relations Committee and the Council's Residential Neighborhoods Committee at times specified in section 14 -60. Topics shall include, but not be limited to the following: (1) Identification of neighborhood concerns which may relate to university /college presence (2) Prioritization of issued identified (3) Proposed solutions, proposed action strategies and proposed person(s) entities needed to implement such solutions and action strategies (4) Development of primary areas of responsibility and performance measures for each proposed action strategy (5) Cost - benefit analysis for each proposed action strategy (6) Short and long -term time lines for action plans and/or action strategies (7) Pursue grant opportunities' 1 The U.S. Department of Housing and Urban Development's (HUD) Community Outreach Partnership Center Program and the Department of Commerce's University Centers Program are specifically for the use of universities in solving community problems, with grant opportunities also being available from the National Endowment for the Parts. Private foundations such as the Fannie Mae Foundation, the Ford Foundation, the Kellogg Foundation, 2013 CCAC Ordinance Page 4 Section III. 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 IV. 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. ii1il - Office of the City Clerk Gavin Ferlic, Council Member at Large �i i ymic /% me /" /% ��c.n // �� ii�! �iic /iris% on the day of , 2013 at o'clock m. m. t h READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Office of the City Clerk me on the day of 2013 at o'clock Pete Buttigieg Mayor of the City of South. Bend, Indiana Filed its; 1 s JllL ? f 'ZU13 a crr f Ct:;"±'s;41. i�k. }.. ::area: O, IN the DeVitt Wallace Foundation and the Robert Wood Johnson Foundation provide "University- community partnership program" funding, with many of these grant opportunities not being available to the community without the involvement of a university partner. SpUTH e� City of South Bend tv Common Council x x I865 441 County -City Building . 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President July 16, 2013 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbenctin.gov Oliver J. Davis Members of the South Bend Common Council Vice - President 4h Floor County -City Building South Bend, Indiana 46601 Karen L. White from the CCAC at its last meeting, Chairperson, Committee Re: Proposed Upgrades to the CCAC Regulations of the Whole ■ Increases the CCAC membership from 21 to 24 members At Large Dear Council Members: Tim Scott the current head of the Department of Law First District I am pleased to introduce the attached proposed ordinance for your review Henry Davis, Jr. and favorable consideration. It would incorporate changes to the Second District regulations governing the Community Campus Advisory Coalition (CCAC). Valerie Scbey ■ Adds the St. Joseph County Sheriff to the CCAC membership Third District Since 2007, the CCAC has been actively meeting on a regular basis. As a result of these collaborative efforts, improved communications have taken Fred Ferlic Fourth District place between the City of South Bend and our academic neighbors. Neighborhood representatives and law enforcement officials have noted David Varner on several occasions that the quality of life issues continue to be positively Fifth District addressed as a result. Oliver J. Davis In the interest of fostering enhanced collaborations, the attached ordinance Sixth District is introduced for your review. The following changes to Section 14 -52 of the South Bend Municipal Code received a favorable recommendation Derek D. Dieter from the CCAC at its last meeting, At Large Gavin Ferlic ■ Increases the CCAC membership from 21 to 24 members At Large ■ Deletes "City Attorney" and inserts "Corporation Counsel" to reflect the current head of the Department of Law Karen L. White ■ Adds an Ivy Tech Community College official to the CCAC At Large membership ■ Adds a member of the St. Joseph County Association of Realtors to the CCAC membership ■ Adds the St. Joseph County Sheriff to the CCAC membership ■ Corrects the title of the Alcohol Beverage Board ■ Changes the meetings from monthly to quarterly ■ Would have the CCAC meeting minutes posted on the Council's website for informational purposes Cover Letter to the 2013 CCAC Ordinance July 16, 2013 Page 2 Members from the' St. Joseph County Sheriff's Office, local realtors and Ivy Tech have participated in past CCAC meetings. Their input has been enlightening and therefore it is believed that representatives should be added to the CCAC membership. I request that this proposed ordinance be sent to the Community Relations Committee and the Residential Neighborhoods Committee so that a joint meeting can be held. Public hearin would be scheduled for August 12 '. The next CCAC meeting is scheduled for August 20` at the Robinson Center. As the CCAC Presiding Officer for this year, I believe that the proposed changes will further enhance a great collaborative vehicle which has enabled positive outcomes benefiting many. Thank you. Most sincerely, Gavin Ferlic . Council Member at Large Attachment File'�..i9t =.y.; oftice U- 17 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 19, SECTION, 2 -213; CHAPTER 19, ARTICLE 3, SECTION 19- 63(c)(2); AND CHAPTER 20, ARTICLE 9, SECTIONS 20 -112 AND 20 -113.4 ADDRESSING PENALTIES FOR HANDICAPPED PARKING VIOLATIONS STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 5- 16 -9 -9, the City of South Bend regulates and enforces under Chapter 20, Article 9 of the Soutb Bend Municipal Code, the street, lot, garage and other parking of motor vehicles in a space reserved for persons with a physical disability. During the 2013 term of the Indiana General Assembly, Senate Enrolled Act (SEA) 387 was passed, effective July 1, 2013, which increases the penalty from Fifty Dollars ($50.00) to One Hundred Dollars ($100.00) for parking in space reserved for a person with a disability. Because IC 5- 16- 9 -9(b) provides that a municipal ordinance which regulates parking of motor vehicles in a space reserved for a person with a physical disability "may not conflict with this chapter," South Bend must amend its Municipal Code at Chapter 20, Article 9, and also Chapter 19, Article 3 regulating parking in municipal parks, to provide a penalty consistent with that of IC 5- 16 -9 -5 and IC 5- 16 -9 -8 which were amended under SEA 387. Also requiring amendment to reflect the new penalty is Chapter 2, Article 19, Section 2 -213, which is a schedule of all penalties imposed by various sections of the South Bend Municipal Code. This ordinance authorizes the amendment of affected sections of the South Bend Municipal Code to increase the penalty in the City of South Bend from $50.00 to $100.00 for parking violations related to spaces reserved for a person with a physical disability. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Section 20 -112 of Chapter 20, Article 9 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Section 20 -112.- Penalties. Any motor vehicle found parking in areas designated for the exclusive use of mobility handicapped persons which does not bear a disabled veteran registration plate, a special registration plate, or display a handicapped parking permit issued by any State or municipality, shall be fined €may- dol4ars - ($-58.00) one hundred dollars ($100.00). Additionally, any motor vehicle found in violation of this section for longer than one (1) hour shall be towed at the owner's expense. Continuing violations under this section shall constitute a separate offense and be punishable by a separate penalty for each infraction. Section II. Section 20 -113.4 of Chapter 20, Article 9 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Section 20- 113.4.- Penalties. The parking of a vehicle by any person in a space reserved hereunder during the hours such space is reserved without a visible permit showing such parking to be authorized shall be fined fifty dollars ($50.00) one hundred dollars ($100.00 Continuing violations under this section shall constitute a separate offense and be punishable by a separate penalty for each infraction. Section I1I. Section 19 -63(c) (2) of Chapter 19, Article 3 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Section 19- 63(c )(2) — Traffic control and speed limitations. Any motor vehicle found parking in areas designated for the exclusive use of mobility handicapped persons which does not bear a disabled veteran registration plate or a special registration plate, or display a handicapped parking permit issued by any State or municipality shall be fined fifty dollars ($50.00) one hundred dollars ($100.00). Continuing violations under this section shall constitute a separate offense and be punishable by a separate penalty for each infraction. Section IV. Section 2 -213 of Chapter 2, Article 19 of the South Bend Municipal Code shall be and hereby is amended by the inclusion of the following insertions to the chart in proper numerical order: Municipal Code Section Type of Violation Ity 19 -63 Parks: Handicapped parking 58:58 100.00 20 -112 -Handicapped parking 100.00 20- 113(b) Handicapped parking 580 100.00 Section V. This Ordinance shall be in full force and effect from and after adoption by the Common Council, approval by the Mayor, and notice as required by law. Member, South Bend Common Coundl Attest: Signirg cf Un bllll !, an�vr 0 am OPP-Oiluw,�,Y f r 118aaring and Cound acton on Us issm. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2013, at o'clock M. Approved and signed by me on the � M. Id REAMING 1 -2-7--13 PUBLIC HEARING 3 rd READ%] 4G NOT APPROVED Fj- FER R E D PASSED City Clerk day of , 2013, at Mayor, City of South Bend, Indiana o'clock Filed fir -Iffice ZU131 CITY CURI at-#U W SEND, IN 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL C. BRISCO CORPORATION COUNSEL CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF LAW July 17, 2013 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE 574/235 -9241 FAx 574/235 -7670 ALADEAN M. DERosE CITY ATTORNEY Filed in a i Office 4 U 13 NIN V00 CITY CLERK, SDinq OR IN Re: Ordinance Amending the South Bend Municipal Code — Handicap Parking Violation Penalties Dear President Dieter: Attached for filing with the South Bend Common Council is a Bill/ Ordinance amending various sections of the South Bend Municipal Code pertaining to the penalty for parking unlawfully in a space reserved for a person with a physical disability. Specifically, the ordinance amends Chapter 20, Article 9, Sections 20 -112 and 20- 113.4; Chapter 19, Article 3, Section 19- 63(c) (2); and Chapter 2, Article 19, Section 2 -213. During the 2013 session of the Indiana General Assembly, the State penalty for infractions related to parking unlawfully in spaces reserved for persons with a physical disability was increased from $50.00 to $100.00, effective July 1, 2013. By State statute (IC 5- 16- 9- 9(b)), any local law which regulates such parking, as South Bend does, must be consistent with State law. That is why this ordinance is being filed with the South Bend Common Council. I will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Aladean M. DeRose City Attorney CHERYL A. GREENE ANN -CAROL NASH ANDREA L. BEACHKOFSKY LAWRENCE J. METEIVER JEFFREY L. SANFORD fS"A1 33 -13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10197 -12 and #10198 -12 passed on October 29, 2012) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2013. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Coun ff is �gy� ypo p i r,r� ii ! ?E :w �.f..p l!a .a.!Y:e% Otis fit, and counai ar -4 li on US isouo- Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2013, at o'clock _ . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. PUBLIC HEEARING 3 rd P.EADING NOT APPROVED REFERRED PASSED , 2013, at Mayor, City of Sou, f i -!g JCG fAl J4!L c,01 crrycL.,t,�., c r d rn v m m } M N I ;W dl I I U T T T I «. 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C C C C C C C 'dm'WW 0 0 m:W 0 m CIO 0 m'm WIWW I 100 loo IO C OO j IC71 C7 131 ! 3131313!3! 10101010 OIOI O oK ,o o o 0 OI C7i(9!(DIC) IUIU m J m N } v M N 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 17, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 41h Floor South Bend, Indiana 46601 RE: 2013 Mid -Year Budget Transfer Ordinance Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our mid -year review, we are submitting the enclosed budget transfer ordinance between various departments and cost categories for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1" reading on July 22, 2013 with 2" d reading, public hearing and 3'd reading scheduled for August 12, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7500. Regards, r Mark W. Neal City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel L.. ded in larks ®i JUL 17 203 JOHN V00RIDE �Ik L,U l� 0 - 34 -13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $124,256 FROM GENERAL FUND ( #101), $35,000 FROM PARKS & RECREATION FUND (#201),$l 10,000 FROMMOTOR VEHICLE HIGHWAY FUND (#202),$10,752 FROM GIFT, DONATION, BEQUEST FUND (#217),$1,665,000 FROM EMS CAPITAL IMPROVEMENT FUND (#288),$500 FROM HAZMAT FUND ( #289), $40,460 FROM INDIANA RIVER RESCUE FUND ( #291), $184,502 FROM COUNTY OPTION INCOME TAX FUND (#404), AND $60,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2013 operating and capital budgets in 2012 (Ordinance #10197 -12, passed October 29, 2012) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2013 and set apart within the following designated funds for expenditures as follows: Fund Amount General Fund ( #101) $ 124,256 Parks & Recreation Fund ( #201) 35,000 Motor Vehicle Highway Fund ( #202) 110,000 Gift, Donation, Bequest Fund ( #217) 10,752 EMS Capital Improvement Fund ( #288) 1,665,000 Hazmat Fund ( #289) 500 Indiana River Rescue Fund ( #291) 40,460 County Option Income Tax Fund (#404) 184,502 Economic Development Income Tax Fund (#408) 60,000 TOTAL 2 230 4 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Coun Attest: * Ad 91 f V1115!13 p lmd'a perry on?'S..��qq"'?i'N w�,�r ,R'.vr 'an x""°44` �xFn .��f.yy�nyqdp( .'p�✓`4�v C.sEW ^1 F.:,r1 �.i.�,r ti.ii �'6` '.i'14i a �ti'+� City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2013, at o'clock m. Deputy City Clerk Approved and signed by me on the day of , 2013, at o'clock m. Z2r -1,3 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana ked In CITY CILEK,1. .. ;r �, a 120ON COUNTY -CITY BUILDING 227W. JEFFERSON BLVD. SOUTH BEND, INDIANA 4660 1 -1 830 PHONE 574.235.9216 FAx 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 17, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2013 Mid -Year Budget Appropriation Ordinance — Civil City Funds Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our mid -year review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on July 22, 2013 with 2" a reading, public hearing and 3ra reading scheduled for August 12, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7500. Regards, Mark W. Neal City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel din �i9W' office. JUL 17 2013 crry c. WND, 114 Qz� 3sr=(3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM SOLID WASTE FUND (#610),$180,000 FROM SOLID WASTE DEPRECIATIONS FUND (#611),$739,667 FROM WATER WORKS BOND CAPITAL FUND (#623),$336,502 FROM SEWAGE WORKS GENERAL FUND ( #641), ($274,502) FROM SEWAGE WORKS CAPITAL FUND ( #642), $1,080,895 FROM SEWAGE WORKS SINKING FUND ( #649), $2,438,088 FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653),$81,065 FROM 2013 SEWER REFUNDING BOND FUND ( #664) AND $611,752 FROM CENTURY CENTER OPERATING FUND ( #670) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2013 operating and capital budgets in 2012 (Ordinance #10198 -1, passed October 29, 2012), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2013 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste Fund ( #610) $82,000 Solid Waste Depreciation Fund ( #611) 180,000 Water Works Bond Capital Fund ( #623) 739,667 Sewage Works General Fund ( #641) 336,502 Sewage Works Capital Fund ( #642) (274,502) Sewage Works Sinking Fund ( #649) 1,080,895 Sewage Works Debt Service Reserve ( #653) 2,438,088 2013 Sewer Refunding Bond Fund ( #664) 81,065 Century Center Operating Fund ( #670) 611.752 TOTAL $5,275,467 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: Signing d V IS "bM Is odd I',! i)�` vEds M �}�`� g and t��'e� tom? ��_:.:,;.,.:ia �:d` 24q Council ac on On J$ i U0, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the — day of -, 2013, at —o'clock — . m. Approved and signed by me on the o'clock _. m. I st READING 7— Z- L- 13 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Deputy City Clerk day of , 2013, at Mayor, City of South Bend, Indiana fled' CITY' CLEri 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 17, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 41h Floor South Bend, Indiana 46601 RE: 2013 Mid -Year Budget Appropriation Ordinance — Enterprise Funds Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our mid -year review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on July 22, 2013 with 2nd reading, public hearing and 3rd reading scheduled for August 12, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7500. Regards, Mark W. Neal City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel ............� C13ii Office CM X E 6-Av l a -ta RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1724 S Main St. South Bend, IN 46613 WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1724 S Main St. South Bend, IN 46613 in order to permit a gymnastics studio in a "LP' District and a variance from the required 334 parking spaces to 40. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PAESr-nrrr6 r.: Member of the Common Council ,,, endr._=M Filed in Cfler ' IM MY CLERK, SOUTH SEND, IN 1 Petit_ ioner: JOYS Gymnastics Inc. 3517 Pleasant Dr. South Bend, IN 46615 Property in petitions 1724 S. main St. South Bend, IN 46613 Seeking: Special Exception to allow a gymnastics studio in a "LI" District and a variance from the required 334 parking spaces to 40. The allowance of this special exception will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare. Joys Gymnastics is dedicated to providing a nurturing environment for youth in our community. We help youth to excel not only in athletics, but in life itself. We are committed to leading strong and building winners. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. JOYS Gymnastics has been an upstanding organization in the community for 40 years. We are dedicated to working with neighbors to solve common problems and to be an asset to the neighborhood. The use will be consistent with the character of the district in which it is located and the land uses therein. Our intent is to operate a caring, nurturing environment for youth. Our "image" and character is crucial to our mission. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Presenter: Thomas J Willamowski - Brd. President JOYS Gymnastics 54879 Davenport Rd (574) 876 -8440 Current Zoning: Light Industrial South Bend, IN 46628 MAIN STREET 99' R/W o z Viz@ �� ƒk $/// \( } {{ 5' \ \ \ �( §\ o o !!!: } /{\ \( }\ St. Joseph Parcels County Parcels Rec PARCELID NAME_1 MAILINGADD MAILINGCIT MAILIP MAILINGZIP 1 018- 8009 -0436 BORYSIAK IRENE 720 W Lasalle South Bend IN 46601 2 018 - 8008 -0400 HILLTOP CO LIMITED LIABILITY CO 120 W Lexington Av Elkhart IN 46516 3 018 -8008- 040601 BALENTINE ELVIS E 1016 E 12th St Mishawaka IN 46544 4 018 - 8009 -0407 BALENTINE ELVIS E 1016 E 12th St Mishawaka IN 46544 5 018 - 8009 -0408 BALENTINE ELVIS E 1016 E 12th St Mishawaka IN 46544 6 018 - 8009 - 043501 PEACHES INC 1811 S Michigan St South Bend IN 46613 7 018 -8008- 040501 TAYLOR DANNY E & CAROL S 65531 Sr 23 North Liberty IN 46554 8 018 - 8009 -0413 SSDL LLP Po Box 4189 South Bend IN 46634 9 018 - 8008 -0381 SSDL LLP P 0 Box 4189 South Bend IN 46615 10 018- 8009 - 040901 BALENTINE ELVIS 1016 E 12th St Mishawaka IN 46544 it 018- 7042 -1654 KALKA JAMES E & RETHA M 1716 S Michigan St South Bend IN 46601 12 018 - 8009- 043701 THE TORCH LOUNGE 1817 S Michigan St South Bend IN 46613 13 018 - 8009 -0434 CEILLEY BERNIE M & LINDA 1 PO Box 5121 Vero Beach FL 32961 14 018- 8009 -0427 GRAF JERRY 5201 Breezewood Mishawaka IN 46544 15 018 - 8009 -0435 STULAJTER MILAN 1809 S Michigan South Bend IN 46613 16 018 - 8009 -0426 GRAF JERRY D & DIANE 5201 Breezewood Dr Mishawaka IN 46545 17 018 - 8009 -0424 GRAF JERRY D & DIANE 5201 Breezewood Dr Mishawaka IN 46544 18 018 - 7043 -1679 FLORES SALVADOR 1122 21st St South Bend IN 46615 19 018 - 8009 -0433 THAUMATURGUS INC C/O JEROME P IVACIC, PRESIDENT 3019 S Michigan St South Bend IN 46614 20 018- 8009 -0423 ULMAN KATHLEEN K 1802 S Main South Bend IN 46613 21 018 -8009 -0411 BALENTINE ELVIS 1016 E 12th St Mishawaka IN 46544 22 018 - 8008- 039802 BALENTINE ELVIS E 1016 E 12th St. Mishawaka IN 46544 23 018 - 8008 -0406 BALENTINE ELVIS E 1016 E 12th St Mishawaka IN 46544 24 018 -8008- 039801 BALENTINE ELVIS E 1016 E 12t St Mishawaka IN 46544 25 018 - 7043 -1678 LAX KENNETH R 1804 S Michigan St South Bend IN 46613 26 018 - 8009 -0412 BALENTINE ELVIS 1016 E 12th St Mishawaka IN 46544 27 018 -7042- 165501 SINTON SUPPLY INC 1718 S Michigan South Bend IN 46613 28 018 - 8008 -0398 BALENTINE ELVIS E 97 -98 PROBLEM DEED 176387 LEGAL INC 1016 E 12th St Mishawaka IN 46544 29 018 - 8008 -0401 BALENTINE ELVIS E 1016 E 12th St Mishawaka IN 46544 30 018- 8008 -0403 SAYLOR FAMILY TRUST W /WALTER SR & SHARON LAS TRUSTEES 51870 Emmons Rd South Bend IN 46637 31 018 - 7031 -1218 AMBASSADORS FOR CHRIST CHURCH 302 W Washington South Bend IN 46601 32 018 - 7042 -1653 KALKA JAMES E & RETHA M % FIRST SOURCE BANK 1716 S Michigan St South Bend IN 46601 33 018 - 8008 -0396 KASER GAREY B 1626 S Main South Bend IN 46613 34 018 - 8008 -0394 KASER GAREY B 1626 S Main South Bend IN 46613 35 018 - 8008 -0393 REALTY INCOME PROPERTIES 13 LLC PO Box 1017 Charlotte NC 28201 36 018 - 8007 -0371 CALIFANO PAULINE 17015 Main St South Bend IN 46613 Wednesday, July 3, 2013 4th Floor, Council Chambers AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA AGENDA 1:30 p.m. County -City Building 1. The petition of Jean Conner seeking a variance from the required 40' rear yard setback to 18', on property located at 10956 Lakeshore Drive, Penn Township. Zoned Residential. 2. The petition of Carletta Berger /Property I seeking a variance from the required front 25' setback to I P, on property located at 2419 Harwood St., Penn Township. Zoned "SF1 ". 3. The petition of Shannon M. Dobrucki & Amy E. Dobrucki seeking a variance from the required 25' setback to 14' for an inground swimming pool and to 10' for a 6' privacy fence, on property located at 58131 Heritage Pointe Drive, Warren Township. Zoned Residential. 4. The petition of David A.& Maxine M. Jozwiak seeking the following variances: from the required 8. P side yard setback to 15'; from the required 5' rear yard setback to 15 ", and from the maximum one accessory structure to three, on property located at 1132 E. Dayton Street, Portage Township. Zoned "SF2. 5. The petition of Andrew & Valynda Myer seeking from the maximum 3' height to 4' for a fence with less than 70% open space in the front yard setback, on property located at 318 Ada Street, Town of New Carlisle, Olive Township. Zoned Residential. 6. The petition of Romy R. and Charleen M. Rush seeking a variance from the maximum allowable 960 sq. ft. for accessory buildings to 2,132 sq.ft., on property located at 23437 Roosevelt Road, Greene Township. Zoned Residential. 7. The petition of Golden Oak Village seeking a variance from the required 112 parking spaces to 98 and from the required 30' building setback to 10' along the east property line, on property located at 5150 Hamlin Court, Clay Township. Zoned "MF2 ". 8. The petition of Michael J. Carmichael seeking a variance from the required 20 acres to 10 acres, on property located at 62700 Mulberry Road, Greene Township. Zoned Agricultural. 9. The petition of Stephen P. and Rita M. Udvardy seeking a variance from the required 20 acres to 10.12 acres, on property located at 26840 Madison Road, Greene Township. Zoned Agricultural. 10. The petition of Edwin H. Durrell seeking a variance to allow a third controlled use within 1000 feet, on property located at 2050 Ireland Road, Centre Township. Zoned "CB ". Area Board of Zoning Appeals July 3, 2013 Page 2 11. The petition of Hannah & Friends Neighborhood, Inc. seeking approval of a revised site plan for an approved Special Use to allow for an activity center and for an additional greenhouse, on property located at 51250 Hollyhock Road, Clay Township. Zoned Residential with a Special Use. 12. The petition of Charles S. Hayes, Inc. seeking the following variances: from the required perimeter landscaping to no landscaping; from the required 18 parking spaces to zero; and from the required 5' building setbacks to 0' on the east, north and south property lines, on property located at 525 N. Hill Street, Portage Township. Zoned "MU ". 13. The petition of JOYS Gymnastics Inc. seeking a Special Use to allow a gymnastics studio in a "LI" District and a variance from the required 334 parking spaces to 40, on property located at 1724 S. Main Street, Portage Township. Zoned "LI ". 14. The petition of Jeffery and Patricia Hoshaw seeking a Special Use to allow ceramic coating for gunsmith /gun shop, on property located at 51345 Golden Oak Ct., Harris Township. Zoned Residential. County Council 07- 03- 13 -13. OTHER BUSINESS: JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 June 26, 2013 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, June 5 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. 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. 4. Petition of David A. & Maxine M. Jozwiak. The staff recommends denial of the proposed setback variances. There is adequate room to place the proposed 10'x12' shed on the existing 12.7'x18.5' concrete slab and provide reasonable side and rear setbacks. Setbacks are established to protect surrounding property owners and the proposed 15" from the property line does not provide sufficient area to either construct or maintain the shed without encroaching on the adjacent property. 8. Petition of Michael J. Carmichael. The staff recommends that if the variance is granted, that it be granted subject to obtaining approval for a septic system on each lot. 12. Petition of Charles S. Hayes. The staff recommends approval of the variance request for no perimeter landscaping and foundation landscaping. In consideration of the extensive private redevelopment activities along Hill Street to the south and north, the staff recommends that the petitioner pursue with SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJ OS EPHCOU N TY INDIANA. COM the Board of Public works the possibility of placing at least one shade -type tree in front of the building, most likely in the right -of -way. Staff also recommends denial of the variance to provide no parking spaces. Considering the wide range of potential future uses and the fact that the curb cut for this project will actually reduce the availability of on street parking, some off street parking should be provided. While the site is not conducive to the required 18 parking spaces, it appears that there will be adequate room at the rear of the site to provide some off street parking. Special Exception / Special Use A special exception use / 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. 11. Petition of Hannah & Friends Neighborhood, Inc. Based on information available prior to the Board meeting, the Staff recommends approval of the revised site plan for the previously approved Special Use. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The addition of the activity center will not impact the public. The proposed activity center is located over 650' from the nearest public access point and will be used solely for the residents of the development. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use is located 320' feet from the adjacent property owner to the north and well within the development so it will not have any visual or other impact on the adjacent property owners. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The addition of an activity center and greenhouse will be consistent with the original intent of the site and the established character of the general neighborhood. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002) Goal 3, Objective A is Promote the development and /or maintenance of community and neighborhood character. 13. Petition of JOYS Gymnastics Inc.. Based on information available prior to the Board meeting, the Staff recommends that the Special Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOS EPHCOUNTYIND I ANA. COM The Special Use is located in the LI Light Industrial District. The proposed gymnastic studio is a supervised activity that is conducted inside the existing building with sufficient off street parking. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The petitioner is proposing to use an existing building and parking lot. The gymnastics studio will not adversely affect the other uses permitted in the Light Industrial District. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the surrounding district. The gymnastics studio will be contained within an existing building, which is adaptable to a variety of uses. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. One of the objectives of The City of South Bend, Indiana Comprehensive Plan (November 2006) is to increase opportunities for youth to participate in artistic and cultural activities. The special exception for the gymnastics studio is consistent with this objective. The staff recommends approval of the variance request for parking. 14. Petition of Jeffery and Patricia Hoshaw. If the Zoning Administrator determines this use meets the criteria for Home Occupation in connection with which no mechanical or electrical equipment is used except such as is permissible for purely domestic and household purposes, the Staff recommends that the Special Use be sent to the County Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The portion of use related to gunsmith /gun shop is only a portion of the larger activity and will be contained indoors. Petitioner states that all vapor is vented through a high performance reclaim system. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The petitioner states the items are small in size and would not be noticed by adjacent neighbors. Provided all work is conducted inside the dwelling or accessory structure, there should not be an impact on the adjacent area. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use will be contained to the garage /workshop so it as to not impact the character of the area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002) makes no mention on specific uses and special uses. Sincerely, ng a M.. Smith Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND W W W. STJOSE PH CO U NTY IND I ANA. CO AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 July 5, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for JOYS Gymnastics Inc. ABZA 7/3/13 Dear Council Members: The above referenced petition of JOYS Gymnastics Inc. was legally advertised on June 23, 2013. The Area Board of Zoning Appeals gave it a public hearing on July 3, 2013 at which time the following action was taken: Upon a motion by Mr. Urbanski being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a gymnastics studio in a "LI" District, on property located at 1724 S. Main St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a. later date, to be made part of this report. Sincerely Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Filed in Clerk S Office Ja r w Qi CITY CL ` - . AREA BOARD OF ZONING APPEALS \ JOYS GYMNASTICS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 3RD Day of JULY, 2013. YES NO El MICHAEL URBANSKI ABSENT RANDALL MATTHYS M JACK YOUNG ABSENT GERALD PHIPPS 0 ROBERT HAWLEY 0 JOE VELLEMAN 0 BRENDAN CRUMLISH