Loading...
HomeMy WebLinkAbout04-14-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, APRIL 14, 2014 1. INVOCATION - CHAPLAIN JANICE HALL 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 14 -29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF THE 2014 NORTHWEST INDIANA MDA MUSCLE WALK ® SCHEDULED FOR SATURDAY, APRIL 26, 2014 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. 08 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING 'A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 837 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 09 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1021 -1023 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 10 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 BISSELL STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 11 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1042 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 12 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1012 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 23 -14 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY/ SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET MORE OR LESS 18 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS 8. BILLS, THIRD READING RTLT, NO. TIME: 08 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 837 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 09 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1021 -1023 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 10 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 BISSELL STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 11 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1042 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 12 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1012 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 23 -14 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY/ SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET MORE OR LESS 18 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS 9. RESOLUTIONS BILL NO. 14 -23 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5024 WEST WESTERN AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARCLIFF HEALTHCARE 14 -30 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 WEST SAMPLE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR REAL PROPERTY TAX ABATEMENT FOR LIPPERT COMPONENTS MANUFACTURING INC 14 -31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 14 -32 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING CERTAIN ECONOMIC DEVELOPMENT FACILITIES FOR NOBLE AMERICAS SOUTH BEND ETHANOL, LLC 14 -33 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 WEST CALVERT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC 14 -34 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 2115 WEST WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR IRBN, INC 14 -35 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 2115 WEST WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR VIDA REALTY, LLC 14 -36 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 1902 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LIPPERT COMPONENTS MANUFACTURING INC. 14 -37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER /RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2014 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE 10. BILLS, FIRST READING RTT,T, NO. 26 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING NEW SECTION 9 -30 ENTITLED LIMITED FEE EXEMPTIONS FOR EMERGENCIES INVOLVING LOCAL UNITS OF GOVERNMENT GOVERNED BY MUTUAL AID AGREEMENT 27 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20TH STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 28 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 29 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING VARIOUS CITY DEPARTMENTS TO ACCEPT PAYMENTS BY CERTAIN FINANCIAL INSTRUMENTS INCLUDING BANK CARD AND CREDIT CARE AND TO AUTHORIZE FEE AND ESTABLISH PROCEDURES FOR SUCH USAGE 30 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 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. ®walk Resolution No. �,1� I� l`t_1� s A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF THE 2014 NORTHWEST INDIANA MDA MUSCLE WALK ® SCHEDULED FOR SATURDAY, APRIL 26.2014 (W" the South Bend Common Council recognizes that the MDA Muscle Walk ® is a "series of fun, non - competitive local walks held across the country, and it is the largest event of its kind in the United States'; and 0)" persons walk in the MDA Muscle Walk ® to: I ...... walk to honor adults and children with any of the more than 40 muscle diseases in MDA's program..." 2: `...walk to have fun and get some light exercise with our kids, friends, parents, grandparents, students, corporate teams and more (most Muscle Walks average a mile or less)..." 3. "...but most importantly, we walk to raise funds to help the Muscular Dystrophy Association foster research and provide vital services to families affected by neuromuscular disease ". y/rmeu, the 2014 Northwest Indiana MDA Muscle Walk will take place at noon on Saturday, April 26, 2014 at the Gates Gymnasium in the Weikamp Athletic Center located on the campus of Bethel College in our sister city of Mishawaka, with every dollar raised of the $50,000 goal going "directly to support the Muscular Dystrophy Association in Northwest Indiana. ,OQ raom [elE rf�p{e en y/ofe %p 1 A&,,A as follows: Section I. The Common Council of the City of South Bend, Indiana, encourages everyone to consider participating in the 2014 Northwest Indiana MDA Muscle Walk on Saturday, April 26, 2014, with this being one of three MDA walks taking place in Indiana this year. Section 1. As noted by one of the past MDA Muscle Walk participants: "Our favorite part of the Muscle Walk is coming together as a community to show our support in ending mus trophy... when there are larger events we remember that there are more people in this fight than just Section III. This Resolution shall be in full force and Common Council and approval by the Mayor. Tim Scott, 15' District avis;Jr., ist'ct Valerie Schey, 3` District Dr. Fred Ferlic, 4'h District Dr. David A. Varner, 5 District John Voorde, City Cler adoption by the D. Dieter, At Large Gavin Ferlic, At Large Karen L. White, At Lar e Kathleen Cekanski- Farrand, Attorney Mark Neal, South Bend Deputy Mayor JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN 01 (574) 235 - 9571 227 VV JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 466 Wednesday, March 19, 2014 p� The Honorable Council of the City of South Bend V� I 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of COSimO Bumbaca to zone from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 5 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 837 Miner Street, City of South Bend - APC# 2698 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by Michele Hektor and unanimously carried, a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MF 1 Urban Corridor Multifamily District, property located at 837 Miner Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Upon a motion by John McNamara, being seconded by Robert Schrock and unanimously carried, the Special Exception Use for a group residence for up to 5 unrelated persons is sent to the Common Council with an unfavorable recommendation. 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, I ohn W. Byom Attachment CC: Cosimo Bumbaca Frank J. Agostino, Esq. 0­�rAr%"s office 1 � 1 SERVING: ST. JOSEPH COUNTY, SOUTH SEND_LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA AND ROSELAND www.,gnuphcoungtn hm. Staff Report APC # Owner: Location: 2698 -14 Cosimo Bumbaca 837 Miner Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: 3/6/2014 The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MF I Urban Corridor Multifamily District; a special exception use for a group residence for up to 5 unrelated persons; and seeking three variances from the development standards Land Uses and Zoning: On site: On site is a single family home with a detached garage. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east are several vacant lots and single family homes zoned SF2 Single Family and Two Family District. South: To the south is a medical office building zoned O Office District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MFI District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is just over 4,000 square feet. The existing house covers 792 square feet and the garage is 400 square feet. Buildings cover 30% of the lot. There are two parking spaces in the garage, and two gravel parking spaces perpendicular to the driveway, accessible from Notre Dame Avenue. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: This property was zoned B Residential from 1996 to 2004. Traffic and Transportation Considerations: Miner Street and Notre Dame Avenue are local streets with two lanes each. Utilities: The site is served by City utilities. Agency Comments: The Department of Community Investment gives the petition an unfavorable APC # 2698 -14 Page I of 3/6/2014 recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property is located in the St. Joseph High School Redevelopment Sub -Area. The proposed zoning map identifies this area as remaining SF2 Single Family and Two Family District. 2. Current Conditions and Character: The north side of Miner Street is single family homes. The south side of Miner Street consists of a medical office building. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the land use plan that encourages single family residential uses in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three 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 SF2 Single Family and Two Family District to MF 1 Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to five unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. APC # 2698 -14 Page 2 of 3 Staff Report 3/6/2014 State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single- family house. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC # 2698 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (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. 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. L v v a Miner L M d a a Miner v E A D v L 0 0 z Sorin 2 0 '1 A d 3 A Cedar Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT ■ SOUTH BEND "O" OFFICE DISTRICT SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT I �� � 1 inch= 100 feet APC # 2698 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 837 Miner Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILY AND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI- FAMILY (MFI) WITHSPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. 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 21 Replat Of Chapaton Place be and the same is hereby established as MFI Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFl Urban Corridor Mutlifamily 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, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the .m. 1 st READING Z ` z�� y PUBLIC HEARING 3 rJ READING NOT APPROVED V REFERRER /9 x P PASSER City Clerk day of 20 , at day of , Mayor of the City of South Bend, o'clock FQ 2;c�, i'A` i f __ { S CITY CLERr., t3OUTH PFND, w i JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR FARCEAPLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 l.f(574) 235 - 9571 Wednesday, March 19, 2014 S � Syv� P 3 � -1 I The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Cosimo LLC and Maria B. LLC to zone from SF2 Single Family & Two Family District to MFl Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 6 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1021 and 1023 Talbot Street, City of South Bend - APC# 2696 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo LLC and Maria B. LLC. was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by Richard Warner and unanimously carried, a proposed ordinance of Cosimo LLC and Maria B. LLC to zone from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District, property located at 1021 and 1023 Talbot Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame had prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals was to reduce the number of rentals and support the return to single - family home ownership. The concept for the Talbot and Duey Street blocks as offices is a long term proposal and would require an extensive redevelopment activity of the total area. Until that occurs, single - family home ownership should be supported. Upon a motion by John McNamara, being seconded by Daniel Brewer and unanimously carried, seeking a Special Exception Use for a group residence for up to 6 unrelated persons is sent to the Common Council with an unfavorable recommendation. 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 k made a part of this rerL Sincerely, j $tiled In (ohn W�mr4G� J012k �e'fiK:tt�:i Attachment I CITY CLERK, 801Fti a CC: Cosim 17 I� LAANR."ND "' . ".,... �I€VMFr. �A��I ®l�l:'I~�U7H BEND, IAKEVILLE NEW CARLISLE, NORTH LIBERTY, OSCEOIA AND ROSELAND - Frank JJ.. Agostino Esq, wwwsgwepkou ndhnuom Arnphn Staff Regort 3/6/2014 APC # 2696 -14 Owner: Cosimo LLC and Maria B. LLC. Location: 1021 and 1023 Talbot Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District; a special exception use for a group residence for up to 6 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home and detached garage. North: To the north are single family homes zoned SF2 Single Family and Two Family District. Fast: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MF 1 District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property consists of two lots, totaling 9,600 square feet. The existing house covers 1,225 square feet and the garage is 484 square feet. Buildings cover 18% of the lot. There are two parking spaces in the garage and three gravel parking spaces off of the driveway. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: In April 2011, the owner requested a special exception use for a duplex in order to connect this house with the house to the south at 1019 Talbot. It was denied at the June 27, 2011 Common Council meeting. This property was zoned A Residential from 1987 to 2004. The 1987 rezoning was part of a large area -wide effort to rezone from multi - family to single family. Traffic and Transportation Considerations: Talbot Street is a local street with two lanes. APC # 2696 -14 Page 1 of 3 ,i CT. Utilities: The site is served by City utilities. 3/6/2014 Agency Comments: The Department of Community Investment gives the petition an unfavorable recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Georgiana - Talbot Redevelopment Sub -Area. The proposed zoning map identifies the west side of Talbot Avenue as potential for office development. 2. Current Conditions and Character: With the exception of three vacant lots at the corner of Howard Street, this block of Talbot Avenue consists of single family homes. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the land use plan that encourages single family residential uses in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three 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 SF2 Single Family and Two Family District to MF 1 Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to six unrelated persons. The petitioner is also requesting the following three variances: APC # 2696 -14 Page 2 of 3 Staff Report 3/6/2014 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame had prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals was to reduce the number of rentals and support the return to single - family home ownership. The concept for the Talbot and Due) Street blocks as offices is a long term proposal and would require an extensive redevelopment activity of the total area. Until that occurs, single - family home ownership should be supported. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC 4 2696 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (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. Special Exception / Special Use A special use may only be granted upon making a written detemmtation 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 riot injure or adversely affect the use of the adjacent area or property values thereat; (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. PUD w In %X FUC 1 �.. 1•aF2;_ Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFl" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT w e Y SOUTH BEND "MF1 "URBAN CORRIDOR MULTIFAMILY DISTRICT s SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT 1 inch = 100 feet SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT APC # 2696 -14 rage t of Areaplan - Comments for 3/18/14 Cosimo Bumbaca hearing From: "Ron Bocinsky, Realtor" <rbocin @gmail.eom> To: AREAPLAN @co.st joseph.in.us Date: 3/9/2014 2:09 PM Subject: Comments for 3/18/14 Cosinto Bumbaca hearing Attachments: CosimoBumbacaRezoneRequest03l8l4 .pdf To Whom It May Concern: As the owner of 1003 Talbot Avenue home, I received the attached letter concerning the upcoming public hearing. Please note that I would be in favor of the re- zoning seeking a Special Exception Use for a group residence for up to 5 unrelated persons; and the other three variances listed in the attached letter, as long as the re- zoning Special Exception Use and variances applied to my home located at 1003 Talbot Avenue. Thank you, Ron Bocinsky Manager, Maho Ventures, LLC Owner, 1003 Talbot Avenue, South Bend, IN Ph: 770- 664 -0388 Email: rbocin @gmail.com ,RECEIVED MAR ? 0 2014 AREA PLAN COMMISSION file://CADocuments and Settings \jparcell \Local Settings \Temp\XPgrpwise \531 C7613SJC_DOMAINCCPOI... 3/10/2014 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1021 -1023 Talbot Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAAHLYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI- FAMILY (MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. 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: Lots 32 and 33 Talbots Plat be and the same is hereby established as MFI Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Mullifamily 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, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. City Clerk Approved and signed by me on the day of .m. day of , 20 , at o'clock Mayor of the City of South Bend, Indiana riled in Clerk's I,- r: G CO,L n!N.� 1-I -4 —( PL' !.'fC HF.ArING rJ R- 16LING NOT APPROVED REFERRED PASSED JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR TAREA80PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, March 19, 2014 ( Jp �1 ��, ( c� — The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, rN 46601 RE: A combined public hearing on a proposed ordinance of Fillipo Bumbaca to zone from SF2 Single Family & Two Family District to MF I Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 4 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1 104 Bissell Street, City of South Bend - APC# 2695 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Fillipo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, a proposed ordinance of Fillipo Bumbaca to zone from SF2 Single Family & Two Family District to MF 1 Urban Corridor Multifamily District, property located at 1104 Bissell Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, the Special Exception Use for a group residence for up to 4 unrelated persons is sent to the Common Council with an unfavorable recommendation. 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, " \mod � hn W. Byorni Attachment CC: Fillipo Bumbaca C17Y CLERK, b4tll'r4::Jc.ts+ Frank Agostino, Esq SERVING: ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA AND ROSELAND w sgo,eyhrounrylndhnuoMAwpW 3/6/2014 APC # 2695 -14 Owner: Fillipo Bumbaca Location: 1104 Bissell Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MFl Urban Corridor Multifamily District; a special exception use for a group residence for up to 4 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home. North: To the north is a church zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west is a vacant lot zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MFl District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is just over 5,000 square feet. The existing house covers 1,440 square feet or 28% of the lot. There are four gravel parking spaces, accessible from the alley. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: This property was zoned A Residential from 1996 to 2004. Traffic and Transportation Considerations: Bissell Street is a local street with two lanes. Utilities: The site is served by City utilities. Agency Comments: The Department of Community Investment gives the petition an unfavorable recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was APC # 2695 -14 Page 1 of 3 Staff Renort 3/6/2014 unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7-4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Eddy Street Corridor South Revitalization Sub -Area. The proposed zoning map identifies this area as remaining SF2 Single Family and Two Family District. 2. Current Conditions and Character: This block of Bissell contains single - family homes, a couple of vacant lots, and a church. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the neighborhood land use plan that encourages single family residential uses, in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three 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 SF2 Single Family and Two Family District to MFI Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to four unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. APC # 2695 -14 Page 2 of 3 Staff Report 3/6/2014 Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC # 2695 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (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 dificulties 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. SF2 SF2 SF2 SF2 Bissell SF2 SF2 SF2 SF T N � 0 L V W C i LL SF2 SF2 MF 1 lE Sarin Sarin y., SF2 G:N l cp Miner Miner SF2 Rezoning rrom: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY " SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT W E SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT s SOUTH BEND "MU" MIXED USE DISTRICT 1 inch = 100 feet SOUTH BEND "LB" LOCAL BUSINESS DISTRICT APC # 2695 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 Bissell Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROMSINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITHSPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. 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 112 Park Place 2nd Add be and the same is hereby established as MFI Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Mutlifamily 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, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. City Clerk Approved and signed by me on the day of .m. day of , 20 , at o'clock Mayor of the City of South Bend, Indiana .gilled in Clerk's . . iat R ",MNG Z—Zy— 1 PUr,LiC 1:'EARUNG 3 rd NOT A;'7&O'VED y R_FEPRED A R Z, � Y PASSED JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, March 19, 2014 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Fillipo Bumbaca to zone from SF2 Single Family & Two Family District to MFl Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 4 unrelated persons; and seeking the following three variances: I ) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1 104 Bissell Street, City of South Bend - APC# 2695 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Fillipo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, a proposed ordinance of Fillipo Bumbaca to zone from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District, property located at 1 104 Bissell Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, the Special Exception Use for a group residence for up to 4 unrelated persons is sent to the Common Council with an unfavorable recommendation. 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, , GU 14 i hn W.Byorni Attachment CC: Fillipo Bumbaca Frank Agostino, Esq "Ifed Is CITY CLERK, }V:)18T SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND nw�«symephmumyindhm.<oMAropl�n staff A0911— 3/6/2014 APC # 2695 -14 Owner: Fillipo Bumbaca Location: 1104 Bissell Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District; a special exception use for a group residence for up to 4 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home. North: To the north is a church zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west is a vacant lot zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MF I District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block fare, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is just over 5,000 square feet. The existing house covers 1,440 square feet or 28% of the lot. There are four gravel parking spaces, accessible from the alley. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: This property was zoned A Residential from 1996 to 2004. Traffic and Transportation Considerations: Bissell Street is a local street with two lanes. Utilities: The site is served by City utilities. Agency Comments: The Department of Community Investment gives the petition an unfavorable recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was APC # 2695 -14 Page 1 of 3 Staff Report 3/6/2014 unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Eddy Street Corridor South Revitalization Sub -Area. The proposed zoning map identifies this area as remaining S172 Single Family and Two Family District. 2. Current Conditions and Character: This block of Bissell contains single - family homes, a couple of vacant lots, and a church. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the neighborhood land use plan that encourages single family residential uses, in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three 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 SF2 Single Family and Two Family District to MFl Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to four unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. APC # 2695 -14 Page 2 of 3 k AKII[! Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC # 2695 -14 Page 3 of 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. 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 authoreed therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. SF2 SF2 SF2 SF2 Bissell SF2 SF2 SF2 SF2 i N V L v v 'L C W LL SF2 SF2 NIF 1 LB Sor i n Sorin SFf SF2. Mu Miner Miner sF- Rezoning trom: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to 1'MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY N SOUTH BEND " SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT W*," E SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT s SOUTH BEND "MU" MIXED USE DISTRICT 1 inch = 100 feet SOUTH BEND "LB" LOCAL BUSINESS DISTRICT APC # 2695 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 Bissell Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFl) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. 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 112 Park Place 2nd Add be and the same is hereby established as MFl Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Multifamily 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, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock M. Approved and signed by me on the day of m. s1 READING 2`7_'1_ I i PUSUC NE PING 3 rd F.cA:7;tiG NOT A"VR.OVFD y RUEPR,ED /) 4 Z LY--4 y PASSED City Clerk day of 20 , at o'clock Mayor of the City of South Bend, Indiana fled In Clerk's 001c, CITY ^ ,aNF1,IN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR 4XAREA ;PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (5174) 235 - 9571 Wednesday, March 19, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 4 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1042 Miner Street, City of South Bend - APC# 2699 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MF I Urban Corridor Multifamily District, property located at 1042 Miner Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame has prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the Special Exception Use for a group residence for up to 4 unrelated persons is sent to the Common Council with an unfavorable recommendation. 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, w.� t ohn W. Byomi Attachment CC: Cosimo Bumbaca Frank J. Agostino, Esq. Filed ',t jo CITY C.t.FRK rSi.A . fat. rft ei. tv�, t>'a ---^— ...n_ ..__ SERVING: ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE NEW CARLISLE. NORTH LIBERTY, OSCEOIA AND ROSELAND www.ryoupko„eyrndWLmn Aruphn Staff Renort 3/6/2014 APC # 2699 -14 Owner: Cosimo Bumbaca Location: 1042 Miner Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District; a special exception use for a group residence for up to 4 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home. North: To the north is a restaurant zoned MU Mixed Use District. East: To the east is a vacant lot zoned SF2 Single Family and Two Family District. Across Eddy Street are single family homes and a church zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MF 1 District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is approximately 3,600 square feet. The existing house covers 880 square feet or 24% of the lot. There are four gravel parking spaces, accessible from the alley. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: The property was zoned B Residential from 1996 to 2004. Traffic and Transportation Considerations: Miner Street is a local street with two lanes. Utilities: The site is served by City utilities. Agency Comments: The Department of Community Investment gives the petition an unfavorable APC # 2699 -14 Page l of Staff Rcport 3/6/2014 recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Eddy Street Corridor South Revitalization Sub -Area. The proposed zoning map identifies this area as remaining SF2 Single Family and Two Family District. 2. Current Conditions and Character: The majority of this area is single family homes with the exception of a small business across Miner Street and a church across Eddy Street. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the land use plan that encourages single family residential uses in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three 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 SF2 Single Family and Two Family District to MF I Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to four unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. APC 4 2699 -14 Page 2 of 3 3/6/2014 State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame has prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC 4 2699 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (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. 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 wefFare; (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. Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND "MF1." URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND 'MU" MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT U. 1 inch = 100 feet APC # 2699 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1042 Miner Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WPTHSPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. 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 50 Lederer & Longley's Sub Of Out Lot I Sam Cottrells Addition be and the same is hereby established as MFI Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Muttifamily 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, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. City Clerk Approved and signed by me on the day of .m. day of 20 , at o'clock Mayor of the City of South Bend, Indiana :fed in Clerk's l a'r READNIG PU-LIC HEARING 3r:! READING NOT A :-PROVED It ERRED PASSED JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR 4N COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, March 19, 2014 C S \ _ _1 M 2,_' The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Cosimo Bumbaca to zone from S172 Single Family & Two Family District to MFI Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 5 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1012 Talbot Street, City of South Bend - APC# 2697 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District, property located at 1012 Talbot Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carved, the Special Exception Use for a group residence for up to 5 unrelated persons is sent to the Common Council with an unfavorable recommendation. 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, q„ GU 1 LVt \�hn W. Byorni (((U/// Attachment CC: Cosimo Bumbaca Frank J. Agostino, Esq. P SrCt &R r dPH, 8 Office �w Jul,;', SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE NORTH LIBERTY, OSCEOLA AND ROSELAND rw sq phcoungindanacoMAmpan Staff Report 3/6/2014 APC # 2697 -14 Owner: Cosimo Bumbaca Location: 1012 Talbot Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District; a special exception use for a group residence for up to 5 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is Fredrickson Park zoned SF2 Single Family and Two Family District. South: To the south are single family homes and several vacant lots zoned SF2 Single Family and Two Family District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MFI District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is approximately 4,500 square feet. The existing house covers 572 square feet or 13% of the lot. There are four gravel parking spaces located at the back of the lot, accessible from a driveway off of Talbot Street. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: This property was zoned A Residential from 1987 to 2004. The 1987 rezoning was part of a large area -wide effort to rezone from multi - family to single family. Traffic and Transportation Considerations: Talbot Street is a local street with two lanes. Utilities: The site is served by City utilities. APC # 2697 -14 Page 1 of 3 3/6/2014 Agency Comments: The Department of Community Investment gives the petition an unfavorable recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area- specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation/Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Georgiana - Talbot Redevelopment Sub -Area. The proposed zoning map identifies the east side of Talbot Street as remaining SF2 Single Family and Two Family District. 2. Current Conditions and Character: This block of Talbot Street contains single family homes with a few vacant lots. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the land use plan that encourages single family residential uses in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three 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 SF2 Single Family and Two Family District to MFl Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to five unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and APC 4 2697 -14 Page 2 of 3 Staff _W9Lt 3/6/2014 3) from the required paved parking surface to gravel. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC # 2697 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general wefare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affectedn 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 authored therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. FUC Howard Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFl" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY N ■ SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT w r SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT s SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT 1 inch = 100 feet SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT APC # 2697 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1012 Talbot Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE INZONING FROMSINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITH SPECIAL USE EXCEPTIONFOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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 46 Talbots Plat be and the same is hereby established as MFJ Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Multifamily 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, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the .m. 1i READING PUBLIC HEAPING 3 rd RE.AD'NG NOT APPROVER c1 REFERRED A,e- 'L —L�t—( PASSED day of City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana Filed In Cjerk S- Cj{.. j x 1 t E;UTH 6-, i� 0o z3 -(Y ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET MORE OR LESS STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET MORE OR LESS, AND A WIDTH OF 14 FEET. BEING A PART OF HOMELAND ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 018 - 8109 -5473 018 - 8109 -5174 018 - 8109 -5475 018 - 8109 -5476 018 - 8109 -5468 018 - 8109 -5466 018 - 8109 -5464 018 - 8109 -5472 018 - 8109 -5471 018 - 8109 -5470 018 - 8109 -5469 018 - 8109 -5467 018 - 8109 -5465 Section IV. The purpose of the vacation of the real property is to consolidate the property and put a fence up to help keep the neighborhood looking nice. There are many people walking up and down the alley and throwing trash. We have had several break ins in the area too. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk 1,1 READING PUCLIC HZAMNG 3 rd READING NOT APPROVED REFERRED PASSED d L ht� � 0 -�- Member of the Common Council find /��. OPP Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 at o'clock . M. Mayor, City of South Bend, Indiana iisd in Clark's 0-fne F., JU „e, ° }� CITY CLfZRk, Suti7H BEiY ®, Ird PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: 3 -(k-(y I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: , Llj6h WIa} 1 r�. [� n Av B. THE STREET DESCRIBED AS: 041 ,me r24 S!— NAME (signed & printed) ADDRESS LOT # ao dun rz RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455- COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574- 235 -9221 CONTACT PERS Nf (S) NAME: ��"VhJ �O�Y�P `o- ADDRESS: P L Lli -G� 1 ( d / 4i of V e - PHONE: (S 1 Y > 7 V - ^'S 0 c 2 �4c�y To Be Ac. TOO 29 y. -.. ya0� ILI. o 90 Rg 'Y Go• lol -5441 "� /oo -sr>'a a Go 70 bo\ Y + NI �• : /02 s9ii 99 -son a' 77 -3440 b \8 0\\ ST o 6y9y�tl yy� 2 :103 -547 9B-547o ' 18 O 1.4 �, ; l04 --547c 97 -s4c7' 79 -6141 44'0' a 96-5408: `t' BO y5 5471 9 's+c ' 'al of -. £ SI15o9� HI =B3 -5444 92-5464 B4 '34i3 ID b +4 V4\ B7 -si +7 Cdr'` 6U� .. (q n5 00 w B9-5449 x' 75-3N9 74.5438 534 5399 73.5427 '35 -5400 74 -5436 ' a '3G'stol 7/ -3435 ' '37 6402 70 ° 38 -5403 c8 67 -5431 G5 64 At' >s k o MEADE o °4 -5516 ap1'4`p. `° 61 22546 5 d+A °5,641 ` (00-25, IR OLOT ��,� z 126 1 A" 2 -5512 i 1A0yYy.Q4 01 5/15. 60.95 2. yyvy.b ` r -5515 OE e *, 6 i 1' 4131 \ �fi.0 4132 " 1 4133 = OlIq-4ur 134 . NI 4133 W l3c 0 E1� ZI i ST o 6y9y�tl yy� I 412. 'al of -. £ SI15o9� HI i W t N N 3I 41a4 30 4195 29 -4120 28-4127 27 -4128 12l4-41a9 483413 49 -3114 50 51/5 5/-5416 52.541 W, 35 i SCh /� 6E1 y 17 -41o9 l(� -4110 /5 4111 13-4113 12.C4 11-4113 10-4110 V 8.4113 °1 1 6 -4120 :1 5 4 J764 z� 30 zGZ4 ' uz9 - Z( m A L _J n 11 2:� VT \K N 'D -d G d sxao� o�lgrl� Jo paeog L f1�At)�IdcTl7 N � .4130 4131 4132 " 4133 = OlIq-4ur 134 . 4133 W l3c 0 ST o 483413 49 -3114 50 51/5 5/-5416 52.541 W, 35 i SCh /� 6E1 y 17 -41o9 l(� -4110 /5 4111 13-4113 12.C4 11-4113 10-4110 V 8.4113 °1 1 6 -4120 :1 5 4 J764 z� 30 zGZ4 ' uz9 - Z( m A L _J n 11 2:� VT \K N 'D -d G d sxao� o�lgrl� Jo paeog L f1�At)�IdcTl7 N � LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley South of Fairview Street from the East right of way of line of Kaley Street to the first Northeasterly /Southwesterly alley.for a distance of 360 feet, more or less, and a width of 14 feet. Being a part of Homeland Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. 'etitioner: Pablo Gomez 2624 Fairview Ave South Bend, IN 46614 574- 370 -3002 urpose: Place a fence around 2624 Fairview and 2715 Irvington, which is owned N 1316 COUNTY -CITY BUILDING 227 W. AwEnoN BOULEVARD SOUTH BEND, INDIANA 46601 -1930 Mr. Pablo Gomez 2624 Fairview Street South Bend, Indiana 46614 CITY of SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 10, 2013 PHONE 574/235 -9251 Fax 5741235 -9171 RE: Alley Vacation — The East/West Alley between Fairview and Irvington from Kaley to the North/South Alley (Preliminary Review) Dear Mr. Gomez: The Board of Public Works, at its September 10, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Police Department stated there are utility poles in the alley. Area Plan states the alley does not appear to provide direct access to any of the adjacent properties and is an unimproved alley that is not in use. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley subject to a utility easement. GARY A. GILOT DAVID P. RELos KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NEAL September 10, 2013 Gomez, Pablo Page 2 of 2 You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, L' da M. Martin, Clerk \l c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 4 of the South Bend Municipal Code to revise provisions for the licensing of open air businesses and to provide for licensing of containers designed to collect donations of used items. The Common Council of the City of South Bend determines that from time to time donation boxes or other large containers are placed on public or private property for the purpose of accepting donations of used items. Historically such containers have been used by local charitable organizations. As a general rule, such containers have been monitored by the local organizations responsible for them, and items left outside such containers have been removed promptly by the local organizations. In addition, the information on such containers has clearly identified the organization responsible for the containers, and the general public was able to ascertain whether the items placed into the containers would be used for the benefit of a local charitable organization. Further, the local organizations responsible for the containers could easily be contacted in the event that items were left outside the containers or the containers needed to be emptied or maintained. Recently, however, numerous containers have been placed throughout the City by both for -profit and not - for -profit organizations, many of which do not have a local contact person to reach in the event that the box should be emptied or maintained or to remove items discarded outside the boxes. In addition, information on the boxes has not informed donors of the ultimate use of the donated items, nor whether the items would be used to serve a for -profit or not - for -profit goal. The Common Council of the City of South Bend finds that the general public should know if items placed in donation boxes will support local charities. The Common Council also finds that the City administration should be able to contact a local person or organization for prompt removal of items or maintenance of the containers if necessary. For these reasons, the Common Council believes that it is necessary to provide for licensing such containers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 4, Article 4, Section 38 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4 -38. Open -air businesses. (a) Every person who erects, places or stands in the City an open -air booth, shed, tent, trailer or stand for the purpose of selling, bartering, receiving for future sale or use, distributing, or exchanging on or from such place any goods, wares or merchandise, which terms shall include also all fruits, vegetables, country produce, refreshments, beverages, baked goods, and confectionary, before engaging in such business shall obtain a license from the Controller. The license shall designate the place where such business is to be operated and the kind of booth, shed, tent, trailer, container, donation box or stand in and from which such articles are to be sold. (b) If the location for an open -air business is on private property, the applicant shall attach to his the application a signed statement from the owner or lessee of the real estate granting permission to the applicant for the use of the location for business purposes for the duration of the license. (c) Applicants desiring to sell goods, merchandise, fruits, vegetables or produce by weight or measure shall attach to the application a certificate signed by the sealer of Weights and Measures showing that all scales and measures to be used have been tested and approved. (d) The license fee for donation boxes as provided in subsection (i) of this section shall be twenty -five dollars ($25.00) per year. The license fee for any other open -air business conducted on private property shall be forty -five dollars ($45.00) per location per year. The license fee for an open -air business other than donation boxes conducted upon public property shall be forty dollars ($40.00) per location per year. No license shall be issued by the Controller under this section until the zoning, ingress and egress of the location(s) have been approved by the appropriate City departments. (e) A license may be granted under this chapter for a transitory open -air business which shall be moved to various locations during the duration of the license term, provided that the applicant, in addition to meeting all other requirements of this section, attaches to the application a list of the locations and the dates on which the business will be operated at each location, along with the permission for use of each location as required by subsection (b). (f) No open -air business license may be issued by the Controller for a business to be located on public property until the location of same is approved in writing by the Board of Public Works. (g) Exclusion: The term "open -air business," as used in this section, does not include establishments which are defined as itinerant restaurants under section 445 of this chapter. (h) Exemptions: The provisions of this section shall not apply to vendors exhibiting upon the grounds of the St. Joseph County Fairgrounds, a not - for - profit agency. (i) Donation boxes: The provisions of this subsection shall apply to boxes or containers placed on public or private property for the purpose of receiving or distributing donations of goods for reuse, sale, or for any other purpose. In addition to the above requirements, any person seeking to Place or maintain a donation box or container must clearly post on the outside of the container individual and emptied at least once every seven (7) days If items are overflowing from or placed outside the box or container, the individual must respond to calls to remove the items Placed inside or within ten (10) feet of the box or container within twelve (12) hours of the call The applicant must also clearly state on the application the name address and telephone number of the Individual who will be responsible for monitoring emptying and maintaining the box or container and responding to calls to clean the area around the box or container. The responsible Individual must reside or conduct business within St Joseph County Indiana. or a county Immediately adiacentto St Joseph County Indiana 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, and publication as required by law. Attest: City Clerk VLI, J -6t"" Member of the Common Council signing of t-�:IS �1! is o;;i, to . my ' -s art Mry,� V , _ x• and Council action on Us i%us, Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2014, at o'clock .m. Deputy City Clerk Approved and signed by me on the day of 2014, at o'clock .m. Mayor, City of South Bend G:\acn\Goodwill \bill for donation boxes open air.wpd I ::f ��if.n+il;iri .• lli J l 1 Pu'rL1.: I-H.,t-. NG 3rd RiANIG t2GT APPROVED .3 BRED PASSED lied in Clerk's Pte....- .- �.._.......... _..a..�. cJ 1d' CITYCL64,, 1400 S. Coum -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574.235.5912 FAx 574.235.9021 TDD 574.235.5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF COMMUNITY INVESTMENT MICHELLE ADAMS BUSINESS LICENSE ADMINISTRATOR MADAMS@SOUTHBENDIN.GOV March 4, 2014 Mr. Oliver Davis President, South Bend Common Council 4`h Floor County City Building South Bend IN 46601 Re: Ordinance To Amend Chapter 4 of South Bend Municipal Code to Inc 1 ude Donation Boxes Dear President Davis: Attached for filing with the South Bend Common Council is an ordinance which amends Chapter 4 of the South Bend Municipal Code to include donation receptacles among the type of items requiring a business license within the City of South Bend. Drafting of this ordinance began while Ms. Ann Carol Nash was Assistant City Attorney in response to concerns raised by Goodwill of Northern Indiana. Goodwill, along with other local charitable organizations, have maintained donation boxes in the area for many years. The resulting donations to Goodwill provide many services to South Bend, including the creation of jobs and the sale of low cost household goods to local residents. Recently, some donation boxes have appeared which support businesses and organizations based outside the community. Some boxes may not be emptied or monitored regularly causing discarded items to litter the area. The community would be better served by full knowledge and information of the sponsoring entity, as well as by the identity of a responsible party to relieve taxpayers of the burden of removing any litter and discarded items. This ordinance provides a mechanism for registration of donation boxes with the City, and requires a local contact person responsible for monitoring and cleaning the area surrounding the registrant's donation box. Former Assistant City Attorney Ann Carol Nash will make the formal presentation of this ordinance to the Council at its Committee and regular meeting, and she will answer any questions or concerns you may have. Sincerely, Michelle Adams Licensing Director L. ^ 5 ctlyE &l � 00 � RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5024 West Western Avenue AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARCLIFF HEALTHCARE WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5024 West Western Avenue, South Bend, Indiana, and which is more particularly described as follows: 575.01' on Western Beg 300' West of Line Summit Dr Sec 8 37 2e and which has Key Number 018 - 4129 - 504311 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. ➢RESENTE6 ,, NOT APPROVE6 I.nOPTEA Member of the Commo Council S"Sm"ing of V"!- lal'.I is e; opperway , 1a.2- and Council action cn f its issue, Filed in Clerk's C f` -!- ? M'R i 1 2014 JOi F x �:. 3G CtiYCLEp!( 5011'rH SEND, IN i &110 l`1 -30 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 West Sample Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR Lippert Components Manufacturing Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lot 1 Project X Minor Sub 03 -04 New Replat TR 5162 -7 -18 -2002 and which has Key Number 71 -018- 09041 -00, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of $1,078,274. SECTION IIl. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of two (2) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED NOT APPRO.Y56 WDOPM! . Member of the Common Co)t c,il uid Q�:.::l;. -� Hed in Clerk's' ; w i 127 OB �u14 CITY 'h:D, IN 6- � 00, I tj - 3 ( RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 515 West Ireland Road, South Bend, Indiana 46614, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence South 90'00'00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 °30'47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest comer of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90° 00'00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quarter (S.E. 114) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osbome as described in Warranty Deed 9326881; thence North 00 °58'55" East, along the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 °58'55" West -- 314.00 feet from a stone found at the northwest corner of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence North 89 °42'44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01 °30'47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26), a distance of 602.05 feet to the northeast comer of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90 °00'00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli; thence South 0 1 °30'47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description. and which has Key Number 023 - 1013 -0758 a/k/a 71- 08 -26- 200 - 014.000 -002 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. , 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 et sec.; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6- 1.1 -45 for the same property. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Co cil signing of this W! !s only to r%vvle3 an oppor« r, y f r ; ^. `:_ !t firing and Council acuoi on f i3 isaue. Filed PRESENTED -•,- Gfrr L _3 , ty.: '- : ,J i f i r i Giti'D, IN wDOPTW RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING CERTAIN ECONOMIC DEVELOPMENT FACILITIES FOR NOBLE AMERICAS SOUTH BEND ETHANOL, LLC WHEREAS, the City of South Bend, Indiana (the "City ") is authorized by I.C. 36 -7- 11.9 and 12, as supplemented and amended (the "Act "), to issue revenue bonds for the financing of economic development facilities, the funds for said financing to be used for the acquisition, construction, installation and equipping of said facilities; and WHEREAS, Noble Americas Corp., on behalf of its subsidiary Noble Americas South Bend Ethanol, LLC, (the "Applicant") has advised the South Bend Economic Development Commission (the "Commission ") and the City that it proposes that the City issue economic development revenue bonds for the purpose of providing financing for certain economic development facilities consisting of the acquisition, construction, installation and equipping of, including, but not limited to, grain drying systems, process technology upgrades, boilers, cooling towers, water treatment, tanks, piping systems, CIP system and any other facilities and equipment which may be financed through the issuance of economic development revenue bonds (the "Project ") in conjunction with the Applicant's renovation of the ethanol production facility located at 3201 West Calvert Street in the City; and WHEREAS, the Applicant has proposed that the City issue its revenue bonds under the Act to finance the acquisition and installation of the Project under a financing agreement whereby the proceeds of such bonds would be utilized to acquire, construct and install the Project and the Applicant would make payments sufficient to pay the principal of, premium, if any, and interest on said bonds; and WHEREAS, the Applicant has further advised the City that the determination by the City preliminarily to accept such a proposal for financing the Project will constitute a substantial inducement to the Applicant to proceed with the Project; and WHEREAS, it is estimated that the Project will result in the creation of approximately fifty (50) new permanent jobs; and WHEREAS, the Commission has given its approval to such financing of the Project; and WHEREAS, the issuance and sale of said revenue bonds will not reduce the legal bonding capacity of the City; and WHEREAS, the City shall bear no expense in connection with the issuance and sale of said revenue bonds and all expenses in connection thereto which are incurred by the City shall be reimbursed to the City by the Applicant; and dms.us.53706150.01 WHEREAS, the principal and interest payable on said bonds are not payable from funds raised by taxation by the City; and WHEREAS, the issuance of said bonds shall not obligate the full faith and credit for the taxing power of the City; and WHEREAS, subject to required approvals, it appears from the application submitted to the Commission by the Applicant that the financing of the Project would be a public benefit to the health, prosperity, economic stability and general welfare of the City and its inhabitants; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council finds, determines, ratifies and confirms that the creation and retention of opportunities for gainful employment and the creation of business opportunities to be achieved by the Project in the City will be of benefit to the health and general welfare of the citizens of the City; and that it is in the public interest that this Common Council take such action as it lawfully may to encourage diversification of industry and promotion of job opportunities in the City. SECTION II. The Common Council further finds, determines, ratifies and confirms that the issuance and sale of economic development revenue bonds of the City under the Act in an aggregate principal amount not to exceed $25,000,000.00 for the Project and the loan of the proceeds of the revenue bonds to the Applicant will serve the public purposes referred to above, in accordance with the Act. SECTION III. In order to induce the Applicant to proceed with the Project, the Common Council hereby finds, determines, ratifies and confirms that: i) It will take or cause to be taken such actions pursuant to the Act as may be reasonably required to implement the aforesaid financing, or as it may deem reasonably appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the City and the Applicant; and ii) It will adopt such ordinances and resolution and authorize the execution and delivery of such instruments and the taking of such action as may be reasonably necessary and advisable for the authorization, issuance and sale of said economic development bonds. SECTION IV. All costs of the Project incurred for planning, engineering, interest paid during construction, underwriting expenses, attorney and bond counsel fees, acquisition, construction and equipping of the Project, including reimbursement or repayment to the Applicant of moneys expended prior to the adoption by the City of this resolution would be permitted to be included as part of the Project costs to be financed out of the loan of the proceeds from the sale of the bonds to the extent permitted by the Act and the Internal Revenue Code of 1986, as amended, and applicable regulations promulgated thereunder. SECTION V. All action taken and approvals given by the City with regard to the Applicant, are based upon the evidence submitted and representations made by the Applicant, its -2- dms.us.53706150.01 agents or counsel, to the Commission and the City. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the City. SECTION VI. The City does not, by this or any other approval or funding, guarantee, warrant or even suggest that the bonds, coupons or series thereof will be a reasonable investment for any person, firm or corporation. SECTION VII. The City shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the bonds or to see that the contemplated improvements, if any, are constructed. The City is in no way responsible to the holders of any bonds for any payment obligation created by the bonds. SECTION VIII. The City does not warrant, guarantee or even suggest that interest to be paid to or income to be received by the holders of any bond, coupon, or series thereof is exempt from taxation by any local, state or federal government. SECTION IX. The bonds shall be limited, special obligations of the City payable solely from the funds provided therefor as described in the indenture authorizing the bonds, and shall not constitute an indebtedness of the Commission or the City or a loan of the credit thereof within the meaning of any constitutional or statutory provisions. SECTION X. This resolution does not constitute a binding obligation of the Commission or the City to issue the bonds, but instead, is a commitment by the City to proceed with negotiations for the financing described herein with the Applicant and is subject to the adoption of a bond ordinance by this Common Council in accordance with the provision of the Act. SECTION XI. This resolution shall be in full force and effect upon adoption by the Common Council and compliance with the procedures required by Indiana Code 36 -4 -6. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ()�- 0�A V- Member of the Common ncil NOT APPROAl ;lei -3- dms.us.53706150.01 Signing of ti9is Vg is an-E to pvMo an opportunity far having end Council action on tltis isiu� �,. f CLERK, Sou € RESOLUTION NO. �3 A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING CERTAIN ECONOMIC DEVELOPMENT FACILITIES FOR NOBLE AMERICAS SOUTH BEND ETHANOL, LLC WHEREAS, the South Bend Economic Development Commission (the "Commission ") is a commission operating and existing under and pursuant to the authority of Indiana Code 36 -7 -11.9 and 12, as supplemented and amended (the "Act "); and WHEREAS, the Commission is authorized by the Act to investigate, study, and survey the need for job opportunities, industrial diversification, water services and pollution control facilities in the City of South Bend, Indiana (the "City"), and to recommend action to improve or promote job opportunities, industrial diversification, water services and the availability of pollution control facilities in the City; and WHEREAS, the City may issue revenue bonds pursuant to the Act for the financing of "economic development facilities" or "pollution control facilities" as each are defined by the Act, the funds from said financing to be used for the acquisition, renovation, construction, installation and equipping of said facilities, and said facilities to be either leased to another person or directly owned by another person; and WHEREAS, Noble Americas Corp., on behalf of its subsidiary Noble Americas South Bend Ethanol, LLC, (the "Applicant ") has requested that the Commission give preliminary approval to the issuance of economic development revenue bonds under the Act in an aggregate principal amount not to exceed $25,000,000 which request includes the financing by the Applicant of certain economic development facilities consisting of the acquisition, construction, installation and equipping of, including, but not limited to, grain drying systems, process technology upgrades, boilers, cooling towers, water treatment, tanks, piping systems, CIP system, and any other facilities and equipment which may be financed through the issuance of economic development revenue bonds (the "Project ") in conjunction with the Applicant's renovation of the ethanol production facility located at 3201 West Calvert Street in the City; and WHEREAS, such economic development revenue bonds would be issued pursuant to a financing agreement whereby the proceeds of such bonds would be utilized to acquire, construct and install the Project, and the Applicant would make payments sufficient to pay the principal of, premium, if any, and interest on such bonds; WHEREAS, the issuance and sale of said revenue bonds will not reduce the legal bonding capacity of the City, and the City shall bear no expense in connection with the issuance and sale of said revenue bonds with all expenses in connection therewith which are incurred by the City to be reimbursed to the City by the Applicant; and dms.us.53705739.01 WHEREAS, the principal of and interest payable on said revenue bonds shall not be payable from any revenues of the City and shall not obligate the full faith and credit of the City but shall be payable solely from funds of the Applicant; and WHEREAS, the Applicant has further advised the City that the determination by the City to agree preliminarily to accept such a request for financing the Project will constitute a substantial inducement to the Applicant to proceed with the Project; and WHEREAS, it appears from the application submitted to the Commission that the creation of opportunities for gainful employment and the creation of business opportunities to be achieved by the Project will serve a public purpose and will be of benefit to the health and general welfare of the City; and WHEREAS, the Commission has considered a form of inducement resolution with respect to the Project (the "Common Council Resolution ") and has considered recommending that the Common Council of the City (the "Common Council ") adopt a resolution in substantially such form; NOW, THEREFORE BE IT RESOLVED, by the South Bend Economic Development Commission, based upon the evidence submitted and representations made by the Applicant, as required by the Act, that; I. The creation of opportunities for gainful employment and the creation of business opportunities to be achieved by the Project in the City will be of benefit to the health and general welfare of the citizens of the City, and it is in the public interest that this Commission take such action as it lawfully may to encourage diversification of industry and promotion of job opportunities in the City. 2. The issuance and sale of economic development revenue bonds of the City under the Act in an amount not to exceed $25,000,000 for the Project and the loan of the proceeds of the economic development revenue bonds to the Applicant will serve the public purposes referred to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with negotiations for the Project, the Commission hereby determines that: (i) It will take or cause to be taken such actions pursuant to the Act as may be reasonably required to implement the aforesaid financing, or as it may deem reasonably appropriate in pursuance thereof, provided that all of the foregoing shall be as authorized by law and is mutually acceptable to the City and the Applicant; and (ii) It will adopt such resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be reasonably necessary and advisable for the authorization, issuance and sale of said economic development revenue bonds; provided that all of the foregoing shall be as authorized by law and is mutually acceptable to the City and the Applicant. -2- dms.us.53705739.01 4. All costs of the Project incurred for planning, engineering, interest paid during constructing, underwriting expenses, attorney and bond counsel fees, and acquisition, installation and equipping of the Project will be permitted to be included as part of the costs of the Project to be financed out of the loan of the proceeds from the sale of the bonds to the extent permitted by the Act and applicable regulations promulgated under the Internal Revenue Code of 1986, as amended. 5. All action taken and approvals given by the Commission with regard to the Applicant are based upon the evidence submitted and representations made by the Applicant. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the Commission or the City. 6. The Commission does not, by this or any other approval or finding, guarantee, warrant or even suggest that the bonds, coupons or series thereof will be a reasonable investment for any person, firm or corporation. 7. The Commission shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the bonds or to see that the contemplated improvements, if any, are constructed. The Commission is in no way responsible to the holders of any bonds for any payment obligation created by the bonds. 8. The Commission does not warrant, guarantee or even suggest that interest to be paid to or income to be received by the holders of any bond, coupon, or series thereof is exempt from taxation by any local, state or federal government. 9. The bonds shall be special, limited obligations of the City payable solely from the funds provided therefor as described in the indenture authorizing the bonds, and shall not constitute an indebtedness of the Commission or the City or a loan of the credit thereof within the meaning of any constitutional or statutory provisions. 10. This resolution does not constitute a binding obligation of the Commission or the City to issue the bonds, but instead, is a commitment by the Commission to proceed with negotiations for the financing described herein with the Applicant and is subject to the adoption of a bond ordinance by the fiscal body of the City in accordance with the provisions of the Act. 11. The Commission hereby approves the form of the Common Council Resolution and recommends that it be adopted by the Common Council in substantially the same form as a resolution, and the Commission hereby directs that copies of this resolution, and the form of the Common Council Resolution be transmitted to the Clerk of the City for presentation to the Common Council with the recommendation that the Common Council Resolution be adopted as a resolution. ss * ** -3- dms.us.53705739.01 dms.us.53705739.01 ADOPTED this 2l't day of March, 2014. SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION Meter, Sou Bend Economic Development Commission C mber, Southend Eco Development Commission M b o Bend Economic De op ent Commission Member, South Bend Economic Development Commission Member, South Bend Economic Development Commission Piled in clerk,$ rarrh 4(ur1: 6FF �_ERK, SdUYH BEk[b, IN - 4 --- . —N _._....: 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTnGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR South Bend Common Council Council President Oliver Davis Dear President Davis: PHONE: 574/135 -9371 FAX: 574/235 -9021 <� A, `. Attached are the forms of Inducement Resolutions for consideration by the Economic Development Commission and the Common Council relating to the proposed Noble Americas Project. These resolutions constitute the initial actions that the EDC and the Council would be asked to take with respect to the proposed financing by Noble Americas of those portions of the project at the Ethanol Plant that would qualify for tax - exempt pollution control facility bond financing. The resolutions indicate that the Company is requesting that the EDC and the Council give preliminary approval to the issuance of revenue bonds in an aggregate principal amount not to exceed $25,000,000. The proceeds would be used for the improvements as described in the resolutions. In order for the Company to qualify for tax - exempt financing, the governmental issuer must issue revenue bonds and loan the proceeds from the sale of the bonds to the Company. The City, through Indiana Code 36 -7 -12, would serve as the conduit issuer of the bonds and loan the proceeds following the issuance thereof to the Company for expenditure on qualifying project costs. The Company would have sole responsibility for paying the debt service on the bonds. As evidenced in the resolutions, the City's credit rating would not be affected by the issuance of these bonds, the City would bear no responsibility to pay the debt service on the bonds, and in the event of a default by the Company, only the Company would bear the risk of that default. Once the issuance process has been completed, the City would have no involvement with the bonds or the payment of the debt service on the bonds. Typically, these bonds are secured by a bank letter of credit in which the bank would make payments on the bonds in the event the Company failed to do so. At such time, the bank would then seek reimbursement from the Company under the letter of credit reimbursement agreement. Alternatively, it is possible these bonds may be purchased directly by a bank which would take security interests in the Company and /or the project financed. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESSDEVELOPMENT ECONOMICRESOURCES JTTiN KAiN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB Should you have any questions regarding the forms of the resolutions, please do not hesitate to call. Bond Counsel Faegre Baker Daniels will be present to answer additional questions at the Council Committee meeting on 4/14/2014. Sincerely, z� Brock Zeeb Director of Economic Resources City of South Bend Department of Community Investment. Ffied in Cl�e�rk?lj I Ct7Y CL RtK, SOUTH BEND, it,-. V'> 6 .A� Vb - 1 ` -x--33 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 WEST CALVERT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: Vac Sunset Pk SE' /< Ex Pt Sold to City S & Adj & Mid Pt S1 /2E ofRr Cont 61.834 Ac +- Sec 16 -37 -2e and which has Key Number 71- 08 -16- 400 - 002.000 -026 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION TI. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 , 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 et sue. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED NOT APPRO.YfEj aDOPTW Member of the Common CcAncil � � � �p c•`n 1 i l tS Orl"Y • and cactianan��'�•�ue' _ Filed In Clerk's Oflice MAR � 1 1 � 4'6714 i OHM VOORDE CITY CLERK, SOUTH 6ENO, IN j 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 2115 WEST WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR IRBN, 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 2115 West Western Avenue, South Bend, Indiana, and which is more particularly described as follows: Beg 603.53' E of Inter of E Right of Way of Olive Street N Right of Way of Western Ave W '/2 NE ''A Sec 10 -37 -2e Cont Approx 6.622 Ac +- and which has Key Number 018-4096-358109, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, 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 sue., 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 sM., 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 and Petition for Tax Incentives 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 as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6- 1.1 -45 for the same property. 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. Member of the Common Counc' Signing of this W, is only to Novle an and Councd acton on ties issue. Fde - ;t: i J 2014 "RU N UD NOT APPROXEQ WDOPTCI} "' Cityout" Be 8 Petition for Inc ent*T's Petition must lncfude V- AlIng fee Ppppb/e IR thtOty Clerk's Office before p.ocessing can be complete General Information Project Name legal nam0!i'�gf� -`- IRBN, Inc. ausiness siructu` CCorporation company websil ".7 - K www.IRBNFoods.com S.a proposed Pi6jivit informal Proposed proic a address 2115 W. Western Ave. erelH coinpaTy name','!° City, State, Zip So,dh Bend, IN regal owner Site acreage or acreage renulred 664 Aaaea Is the real estate owned or 59uareTeetd /fadlity 57,640 Sle Iii—a—, who Primary wmpkrl�mfitaR oame? „homer- - Q Jesse Vida Secretary Treasure Address of company contact 14329 Ireland Rd. 574 - 966 -3660 oxt 101 city, stare, Zlp. Mishawaka, IN 46544 FrsTa .MdaGIRBNFOOda,com [ompanysenioiumtlafnem�!`.� _ Dane Vida Titl plesldent Address of company contact (if different from 14349 Ireland Rd. 1 Phone 574 - 966 -3660 ex1 102 Mishawaka, IN 46544 Emil DVid.@IRBNFoodacup - anVagemname Cos I.a nt release (YIN JI ts total economic develdpnient partners oval y N Email 1.. .. compalry, proJee, and why the company, projeo and w I RBN. Inc. currently resides in a 15k SF faGley on me West Side of Mishawaka. We are baking for a much larger facility in , is necessary for South Bend to better accommodate or warehousing and tacking businesses. We currently operate 5 tacks and we no property longer have the acreage to support them. We'd like to double that number within the upcoming Nro years. Addgionally, we econamlcg:ovnh . are looking for a location with storefront opportunity and significantly more squire footage for warehousing. Icycled in Clerk's --- — roJi,. r. :,r, t 4 JOi tr. CITY CLERK, S6U7hi tE'NC, IN Corti tied Techro logy Pa rk approprla to Community Revitaliaatlan Enhancement i, No Cenlfythat thecuildidg Permit has notbeen y N'Ye" r nl d6 - issued None If this is a Petition for personal property tax abMemen4 has ye s rhea ul mart been Installed ... lobs retained T6lal hourly wage w/o CumWative a of net NEW rot ltme� permanentI.bscre.edatprojM' ;r�y`3'ySll rage, w/o 6151 ids obl' 1nlbe. benents or bonuses,of ` expert n -not Calendar Year fringe or ruminative net newlobsL' ueHGe. bdnus¢s {�' _ 2014 9 250 5 1930 . 7500 5 2035 9 19.15 6200 4 19.15 6200 4 2016 13 2017 2018 2019 2020 2021 2022 2023 2024 2025 tines Part time :•.aMM Laborers DGp 12.00 Terhniral 21,50 15.00 Managerial 2000 15.00 A_deniniWative 13.00 10.00 owl et em m va response a o{coor • mg v" Jesse Vida WOri[On. on renruitin ?- Does yourmmpany have an[Whlring policy? YES Are you an EEO employer? YES Is Please tlesbiEe mmOaTient the last three dwerslty n n a n years: outiearh and r Ye 2011 2072 2Ct3 . Mree s kATtme Part Tirne Mines- Pan Tme Full Tlme Part Time Wecurreney OfferrewNrg materials through our websfle irbnfoods .coadjDbs. efSdt!!!S °"-r 0• 0 1 0 1 0 Hispanic" 0 0 0 0 0 0 We have an equal Oppomgnity employer slatement on the page. All marketing "Asian° 0 0 0 0 0 0 - materials Include ethnically diverse mdlay.. 0 0 0 0 0 0 role- models. We recruk within the local communq with road signage, and females.- 0 0 0 0 2 0 In-house Interviews. Further, we offer flexible schedules and training. Other; - Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested Incentives. _ ;• "`r ,' PUklic �ene$Fltem. `• ,;" Information Is r.q.,rgd on both the construction cbmp'anles and the companies which will provide materials purchased for.this project. Please complete the table below with the appropriate information. If you qualify for the points; please enter the full amount of available . _. points. - - - qualify tamed Polnn (Yes or NO( _ _ " 9vaRabie Points 1 - Cn strict(R latedf[b ntracto i•, A. Employ. Local Companies 175%). - Yea 20 20 B. Purchase Matenals from LOCal CO.mWes (75 %1. Yea 20 20 C. Require Employees v¢.IndePenderttCOntractors No 19 D. Requlrc Prevailing Wage(DaVts Ramn) No 22 Require Health Benefits..' . No 22 F. Require Penslgn Benefits No 1B G. Maintain Affirmative Action Plan' No 2C Subtotal Construction Related: 40 141 2 Waee 9, Benefit Related IQeMgr): A. PayTargetWage,Levels YES 33 33 & Provide Health Benefits - YES 34 34 C Provide Pension Benefits - NO 29 D. ProvldeTraWng - YES 28 28 E. - Provide Chlltl [are -. NO 15 F. Provide Transportation Assistance. - YES 14 14 G. Provide Employer Assisted H0u26g program NO 9 Sub -total Wage A, Benefit Related: 109 162 3 - - WotkfwQ Refaced: A, Create Newlabs :'. YES 42 42 B. Retain Esistinglobs _ YES 41 41 ' C N in6in Affirmative Action Plan ' YES 35 35 O.. Pros tide Targeted Hldng Preference YES 34 34 Subtotal Workforce Related: 152 152 3 - �oo,Cta MUnidoal FacNM: A. ioo,conservat Support a5 u pal Fadihy(donations to the .. ory. museum. em) - 84 Name orFaalitq Subtalal Muitldpal Facaty: 80 Sub-total from Mmm 1301 539 The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Coundl of the City of South Bend for a real 'and/or pens I prope'rt-yJt�axI$ batement rrnlsideration and pursuant to l.C, 6.11721 -1,et lea., and __ _South I{ nlOPO `�'�7` �" 2 -� etM.. for this petition state the above. - - Whatbtlw arrenraswssrd wlvei,:': .': Rrlptdpergc -' - Z (3 30 PymlMPropulp. _, tNhat b the prole[teeaursed valueI� Rawl pioPrttYiLDIDOG vemnal property; Q4 OOD umath Vie mxaeYhumcer /w pa;a Pro;ntl: o! - Lf oq 4 (oq What is the six Sisk Nibs rude? PleaHaetadl a i E [t/ 5 �� ' � sr�ru I{1 VILat�& li$'adO... STATEMENT OF BENEFITS Lny "I LERK > `e''r; ;c Lid?. I PERSONAL PROPERTY FDRfI SB -17 "PP saevm5,T6aIR2r,2 "> 141 2014 i Prescribed by the Department of Local Govemment Fran 1 PRIVACY NOTICE The mat ad erry •padre hdNiduall :s:::.�.;,;. ,.SCPVU, I6V batanee orma111nnpph ere reran INSTRUCTIONS er IC 61.1- 12.td.1 c ant d. 1. This statement must be submitted to the body designating the EcorlDmIc RevifeliretPon Area prior to (he public hearing if the designating body requires Information from the epplkent in mak-ng its decision about whatherto designate an Economic RevlalLwflenAms. Otherwise this statement must be submitted to the designating body BEFOREe person installs the new manufacturing squlpmerd andkrresearch and development equipment androrlogJ'fi'&dlsbtbudon aequipment d eras desl9 cInformation ted Re July �8��ul�STATEMEN70FBFNEFITS. (ICB- 1.1_deduction. •Pm /ogs•pJenned orcommitted OO aflerJUfy i, 1987, � ( 121) 2. Appfovalolthe designating body(Cffy Coun li Town Board, County ouncO, etc. must be obtinadpriorto lnslellasonoirdo nowmenufacturl andrormsearch and development equipment ry ) n8 equipment be approved q pmenl anNorfogisfbal distribution equipment end/orhlormafion technology equipment BEFOREe deducu'm may 3. To Obtain a deduction, a person must We a ccrOOed deduction schedule with the person's personal properlyreWm on a cedMed deduction achaduie (Form fO3 -ERA) with the township assessor of the township where the property is situated or with the county assessor h there Is no township as for the township. The 103 -ERA must be bled between March 1 and May 15 of the assessment year In which new msnuferlurirg equipment erM/or research and development equipment sndla logistical distribution equipment and/or Informallon technology equipment is instated andlute /y funcdonal, unless a filing extension has been obtained A person who obtains a filing extension must Ole the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of SeneSte was approved after June 30, 1991, must submit Form CF-1 i PP annually to show compitance with the StatemeniolBenafrs. CIC61.1- 12.1 -5.6) 5. The schedules estbdshed underlC 6-1. f- 121- 4.5(d) and (e) apply 10 equipment insteiled after March 1, 2001, unless en aliemative deduction schedule is adopted by the designating lady pC 61.1 - 12.1 -17). Address of laxpey� r q � � Q dsireef, �tY. sl�ra, a i 2 L I- «tt Nem¢o /caelact person Jess` V Name of designating body IRQ►J Socalbn of properly AA e number -2Z9 -g6U -% tot Im/ng or-Ird rMber 1(ZQf�.. -.'�_. . oJl elcsa�a �1sar�eutS STARTOATE Go DATE L.)'l`e- L�eJa2, T'^uty 4r,�.,ErS- A..a �s•): i� +s ort Manufaduring Equipment .� r1Na� ce s iru `t y +r.bl'ut -� 6dr m�4Cr�0 �LeRd0Equipment 4eoxet ''4-I 1f�1r:. r.� -1`f� r (.rplel Diet C-qui menl �f� ucEO �.riS 'I�C ;NV4LLJ,`on e� 2 dr.u��,.. P ' zO iti A r-re.2r—r $" v , R Equipment r 3 -2c�f 3 -2vila Current nV bar Saladea Num retain - r ed Salaries 1 JOO, f>C� . cn Ste, D nC� . rip Numberrddltiond Salanae � NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 (d) (2) the I en COST of the property, is confidential. fl --��� Estimated solid waste converted (pounds) Otherbenetaa: R 6 D EOUIPMENT LOGIST DIST I R EQUIPMENT E UIPMENT FC0,9 TTASMMSEDI COST vi COST I ASSE& Estimated hazardous waste coms -Ld (pounds) this Page 1 of 2 are pnea (m", dex 3— 14 - We have revlewsd our prior actions relatn0 to the designation of tills economic revitalization area and find that he applcanl meek hs gonera/ standards adopted In the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2,5, provides for the following limitations as authorized under IC 61.1 - 12.1.2 A. The designated was has been limited to a period of time not to exceed The type of deduction that Is slowed in the designated area is limited to' 1. Nstslation of new manufacturing equipment; 2. Installation of new research and development equipment; 3. Installation of new logistical distribution equipment. 4. Installation of new infomeotan technology equipment: C. The amount of deduction applicable to new manufacturing equipment Is limited calendar years ' (am bedawj. The dale this designation expires 13 Yes M N o ®Yes 13 No ❑Yes ONO ODYes [IN o cost with an assessed value of D. The amount of deduction applicable to new research and development equipment Is limited to $ _ cost with an assessed value of E . The amount of deduction applicable to new togisUcal distribution equipment Is limited to $ cost with an assessed value or F. The amount of deduction applicable to new Information technology equipment is limited to f cost with an assessed value of G Other limitations or conditions (specNyJ H. The deduction for new manufacturing equipment and/or new research and developmenlequfpment and/ornew logistical distribution equipment and/or new information technology equipment installed and fast claimed eligible for deduction on or after July 1, 2000, is allowed for. ❑ 1 year ❑ 6 years " For ERA's established prim to July 1, 2000, only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. 113 years O a years ❑ 4 years ❑ 0 years ❑ 5years " ❑ 10 years " I. Did the designating body adopt an alternative deduction schedule per IC 6-IA- 12.1 -177 13 Yes 0 N If yes, attach a copy of the alternative deduction schedule to this form. Also we have reviewed the information contained In the statement of benefits and find (hat the estimates and expatiations era reasonable and have determined that the totality of bemellis is sulficierd to justify the deduction desmbed above. proved! (sgmfurs and due WatalwIzedmembo I Telephone number Dmo signed (moms, day, yesd If the designating body limits the Ums period during which an area Is an economic revitalization area, l does not Ihnh the length of time a taxpayer Is entitled to receive a deduction to a number of years designated under IC 61.1. 12.1 -4.5 Page 2 of 2 UW Foodsenice Saks& Distribution IRBN, Inc. 2115 West Western Ave South Bend, IN 46619 March 17 2014 RE: Improvements to 2115 W. Western Ave. South Bend, IN To Whom It May Concern: IRBN plans to make several improvements to 2115 W. Western Ave. South Bend, IN. These improvements will affect the cosmetic appearance as well as the functionality of the property. The exterior of the building will receive new paint along, exterior lighting, fencing, landscaping, access stairs and ramps. Exterior drainage systems will be repaired as well building roof. Tbree new dock doors will be installed, with the addition of a drive in cooler /freezer. On the interior of the building insulation will be added and openings sealed. New lighting, and heating systems will be installed along with plumbing and fixtures. New flooring and paint will be added throughout. Broken doors and windows will also be replaced. New networking, communications and security systems will be installed. Sincerely, ZUi esse Vida Secretary Treasure IRBN, Inc. 1115 W. Western Ave. South Bend, IN 46619 Ph: 574.968.3660 Fx: 574.968.1492 www.IRBNfoods.com �� 000� (�-39 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 2115 West Western Avenue AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR VIDA REALTY, 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 commonly known as 2115 West Western Avenue, South Bend, Indiana, and which is more particularly described as follows: Beg. 603.53' E of InteX of E Right of Way of Olive Street & N Right of Way of Western Avenue W %NE' /< Sec 10 -37 -2E Cont Approx 6.622 Ac +- and which has Key Number 018-4096-358109, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et sM., 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 an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et sM., 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 sue., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. 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 occupation of the eligible vacant building; B. 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 occupation of the eligible vacant building; C. That the proposed occupation of the eligible vacant building will increase the tax base and assist in the rehabilitation of the Economic Revitalization Area; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed occupation of the eligible vacant building; and E. 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 occupation of the eligible vacant building can be reasonably expected to yield benefits identified in the Statement of Benefits, the Petition for Real Property Tax Abatement Consideration, and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to 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 two (2) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. The Common Council hereby determines that the annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of $142,500. 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 IV. 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 Co riciI Signing :� c;- €r. ,mot a an ©f ti; ;a aid oFPar�;R ?; i�. I�:;c:; 1;aarsng CounCA 8WDn on this issue. e °iied 111 ClerV-- PRESENTED NOT APPRO.VE6 ADOPTEO ,' ' 227 W. JEFFERSON BOULEVARD Sum 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR March 10, 2014 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: Vida Realty 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 commercial real property tax abatement petition from the above - referenced Petitioner for property that is identified as 2115 West Sample 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 rent the vacant building to IRBN, Inc. This project qualifies for a two year real property abatement under the Indiana State Code. A representative of the Petitioner will be available to meet with the Committee on Monday, April 14, 2014. 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 -9339. Sincerely,i Brock Zeeb Director Economic Resources Department of Community Investment Attachments cc: South Bend Common Council Members Deputy Mayor Mark Neal Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAM PAMELA C. MEYER CHRIS FYELDING DONALD E. INKS 227 W. JEFFERSON BOULEVARD Surm 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE Bui -riow, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574/235 -9371 FAx:574/235 -9021 SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Vida Realty, LLC DATE: March 10, 2014 On March 14, 2014 , a petition for real property tax abatement consideration for property located at 2115 West Western Avenue was filed with the City Clerk by Mr. Jesse Vida of Vida Realty, LLC. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Vida Realty, LLC is the real estate holding company. IRBN is the lessee. As part of the company's growth plans, it is in need of centralized warehouse space and distribution space for their finished food products that is shipped to non - profits, primarily jails and food banks. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JmN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS South Bend Common Council RE: Tax Abatement for Vida Realty LLC March 10, 2014 Page 2 The company intends to purchase the vacant ABC Supply building and make $100,000 of building improvements over the next two years. Over the next five years, they will make $250,000 in improvements. PLEASE NOTE: The applicant, Vida Realty LLC. , is respectfully requesting a special exception because the project does not meet the general standards for real property tax abatement as set forth in Chapter 2, Article 6, Sections 2 -77 through 2- 83.3 of the Municipal Code of the City of South Bend. Indiana State's legislation on tax abatement has a provision for the granting of tax abatements on properties that have been vacant for at least one year (IC 6 -1.1- 12.1 -4.8). However, because this is a relatively new provision, the City's code does not provide for it. The state legislation provides up to two years of tax abatement on the property subject to certain limitations on the amount of the property's assessed valuation that can be considered in calculating the abatement. The petitioner is respectfully requesting that the Common Council grant the two year exception under this IC exception. As noted this abatement only applies to a limited portion of the property's total assessed valuation. This portion is equivalent to the estimate annual rent that the property could generate. The building has been listed at $2.50 per square foot for the square foot building. The maximum rent generated would be $142,500 and our estimate of the taxes abated for two years is less than that amount. Total taxes to be abated during the two -year (2) abatement period on the assessed valuation are estimated at $13,187. Total taxes to be paid during the two -year (2) abatement period on the assessed valuation are estimated at $7,592. EMPLOYMENTIMPACT Per the SB -1, it is estimated that the total project will create five (5) new, permanent, full -time jobs representing a new annual payroll of $200,000. The project will retain nine (9) positions with a payroll of $500,000. South Bend Common Council RE: Tax Abatement for Vida Realty, LLC. March 10, 2014 Page 3 ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements: 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 not located in a Development area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does not meet the qualifications for a real property tax abatement. A two -year (2) real property tax abatement is being sought as a special exception. u J Y N K i C V m C N K W r N � 0 M 0 O O 'n NI N r O O o O O 0 M 00 0 O m O O o m 00 O 00 O U > 0 N N a V N O0 N m m X 2° 0 0 � QI _J N 0 u° `y W v E .o a` z W y C m x E x � Y u �- U W o ~I r °o, o oo 0 °o 0 ° O m o m O O m " M o m 00 O 00 O U > N N N 0 m m ° O N O m Lr uj o° o 0 0 a m m m m M m m m oo N � Nil m M of I 0 a M l0 00 0 o NIN 0 a) a om w 0 W r O V 0w0 0 N m � N O COIN N u� .r 9 9 O N o �o C) m m m O N NI t°p n °6 x m J C O O 0 O d O O m " M o m 3 O U > m a Q N O0 N 0 m m ° O N O m Lr uj o° o 0 0 a m m m m M m m m oo N � Nil m M of I 0 a M l0 00 0 o NIN 0 a) a om w 0 W r O V 0w0 0 N m � N O COIN N u� .r 9 9 O N o �o C) m m m O N NI t°p n °6 x m a U W ^y 0 0 m o 0 O U > m a O m X 2° i 0 � 0 m m ° O N O m Lr uj o° o 0 0 a m m m m M m m m oo N � Nil m M of I 0 a M l0 00 0 o NIN 0 a) a om w 0 W r O V 0w0 0 N m � N O COIN N u� .r 9 9 O N o �o C) m m m O N NI t°p n x v ~ m O Om y o_ o ri z umi n F ci a m m n o ry °6 x m a U W ^y 0 0 m o i N 1003-iz i0 > N> Iy0 N Q c N 0) m 01 Q O p 0 O) N f0 Q m > N v'�i t0 O n « C w N O U w H v X r r .... Y v V Y m m �_ x 0 u v m d m 0� v m M 0 mN 0 Q GI a ` E VI 69 U _ o N z u u o u x v ~ m O Om y o_ o ri z umi n F ci a m m n o ry O X W w o F od od M M 00 x w w � X t0 l0 xF O O X iD � W n n lD tp M m 0. N O co N m n n N j m > X Y Y d m Y � v C N L d n N i y U � C d x C m Y Y d Y L m Y N 'O N C m j O C N u O M, E � m N > m v A v >. N C N o m N N R N U a m L � i M CL >, O M W E CC N ` 0! w w N � 01 �, J y � E N Y N � 3 °6 x m a U W z 0 0 O X W w o F od od M M 00 x w w � X t0 l0 xF O O X iD � W n n lD tp M m 0. N O co N m n n N j m > X Y Y d m Y � v C N L d n N i y U � C d x C m Y Y d Y L m Y N 'O N C m j O C N u O M, E � m N > m v A v >. N C N o m N N R N U a m L � i M CL >, O M W E CC N ` 0! w w N � 01 �, J y � E N Y N � 3 �o T L Y 0 Y K Gl N d m v O O. a c z A m 1.1 C v o C d E d m a m X N Y Q) T � N Y N �.. f0 Y L T UJ Y Y UJ ati N L � O N N C a N 7 O O a OL c E CL w E N •X Ol m °o E o a = tn Y Y v y � u t v M C O � C N O G C N C ♦+ N C u�i O. O u. n w E E „ `° E E o. O v1 y O a Y v T v Y c o a O Y X .M V- M J J J m Y M G Q a c z A m 1.1 C v o C d E d m a m X N Y REIN, In, C Caryoratlon 9z;4 6� 2115 W. Westam Ave. South Band, IN fi.64 Acres 57.640 SF -' Jesse VIA, u - Secretary Treasuro 143291ts - :','v "`T• Ireland Rd. Phon 574- 96fi.9fi60 est 101 Mishawaka, IN 46544 msV Ia JVda ood IRBNF m Dane Vida ��k6ll�" ° preslden- 113491reland Rd. =. 571 - 966 -3660 ez1102 IN 46644 fms9�y = :: set Itkt� Mid.rpIRBNFooda.e,._,., IRBN, Im currently reside, In a i6k SF facUlly on the Weal Sidle of Mishawaka. We are 1001c4ig for a much larger laUlly In South Bend to better accommodate or warehousing and bucking businesses. We currentlyoparala SUUCk,anwe no are looking fo aebcal'an with stoefront opportunity and number within aretlo mkp Ko Years. Additionally, we IY l9 Y w rootage for warehousing, No Y None New Project Investments ca-m-ul.aw—cofFef @0 m.r:.t 9w run #are at r­ "v- 'A_ I CV.UTal Ufff a 6—iF."L 1 9 1 250 Calendar 1; Year .2015. 2016. .2017 . 2018 2019 2020 2021 6200 O'j 2 2� 2021 2022s 7MrOMM®R z 4 202�S F. 13.50 12.00 21.50 16,00 1� T 20.00 15.00 lOnF 113.00 10.00 �Ca en-, p AN' I J Z- RP— E Rao ca-m-ul.aw—cofFef @0 m.r:.t 9w run #are at r­ "v- 'A_ I CV.UTal Ufff a 6—iF."L 1 9 1 250 5 19.30 7600 6 2 9 13 19-15 6200 4 19.15 6200 O'j 2 2� 2021 2022s 7MrOMM®R z 4 202�S F. 13.50 12.00 21.50 16,00 20.00 15.00 lOnF 113.00 10.00 �Cggglff ligidg.6.. Jesse VWB at e YES YES Pie-, d VeM a nd 2011 2012 2013 .0 as lod,ecru le,.. ri Lan 4r re a 0 0 1 0 1 0 We Mently offer,seyuming malerfeds thfOuM our "bsftg fbnfwds bl We 1�6 an equal OPPOelunili Z`ploya; 6tateftDl on the page. All marketing 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a mOlOAll Include -thnicallir, divera, role- 0 . models. We recruk Withl, the b.W 0 a 0 M Mw MtIl road slonegoand 0 2 0 '"a"Ll"InleMews. Further, "ttre, Reaeft ntlleduta and training. Olh I " STATEMENT OF BENEFITS c VACANT BUILDING DEDUCTION State Form 55182 (R / 2 -14) ® Prescribed by the Department of Loral Government This statement is being completed for real property that qualifies as IC 61.1 - 12.1 - 1(17). Filed it" ° ;f MAR J 2014 1nce .- . ....I 20_ PAY 20_ FORM SB -1 / Vgl PRIVACY NOTICE The cast and any specific individual's salary informatbn is mnfrdenbal; the balance of the filing is public record per IC 6-1.1- 12.1 -5.1 (c) and (d). INSTRUCTIONS' 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the occupation of the eligible vacant building for which the person wishes to claim a deduction. 2. To obtain a vacant building deduction, a Form 322(VBD must be filed with the county auditor before May 10 in the year in which the property owner or his tenant occupies the vacant building or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed afterApril 10. If the property owner misses the May 10 deadline in the initial year of occupation, he can apply between March land May 10 of subsequent year 3. A pr tthe approved Form SB -1NBD. The Form CFINBD must also be updated each year innwh ch the deduction is applicable. D to show compliance SECTION 1 TAXPAYER INFORMAT10N Name of taxpayer f\ 1 r LL Address oftaxpayer (nmberand street, city4 state, and ZIP code) Name of contact person :tTe phone number V;a 4) 9bSr -3CGo E -mail address SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Location of property County -Z(I5 w. �J�t� A,► St S* Jo Di taxing district number �� Esgmatetl occupancy tlate (month, day, year) 15'— ZO Descripbon of eligible vacant building that the property owner or tenant will occupy (use addihana/ sheets H saary). 1— 14 O�S�r,�cy+-t0 ° thCJt da th, Z'44 y, year) Estimated dal � � Current number Salaries 1l 5_0 C) ber retained Salaries Number additional Salarie uo K Z '! c) k Lm S i SECTION ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values i0 K Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project SECTION EFFORTS SELL •- Described efforts oy the owner or previous owner to sell, lease, or rent the building during period of vacancy P «J7e�s aw..ac "A%A%V- rcicl�Y Ilc+c� + 4-or 'I'�r'C YC�rS g•.a J�Crew�SG Show amount for which the building was offered for sale, lease, or rem during period of vacancy. Z. S,Q 360 K or List any other benefits repainting from the occupancy of the eligible vacant building MOO kc_ '►c �u`�G1ri6NL{.�Y/ �(gxry fo '� 56ve,r..f, 1�prs •10Y�Cw'�T "D -' (:o3A.c_i-LS a.J'.aS SC_C.0 r.4y 04 �iL proQer-kr.r •"r%�T P1°p!/+ Y Q.% it gZati ;, p�o�:�: �:5� .,J��y 10 k �e,+s p�a���s +G Ae- L J S�A 4s 6*-(k• 5 y TAXPAYER CERTIFICATION SECTION . I hereby certify that the representations in this statement are true. Signature ofa odzed re esenta ` Title Date sili (month, �d year) - t Y Page 1 of 2 / FOR USE OF THE DESIGNATING _.. We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6-1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The amount of the deduction applicable is limited to $ C. Other limitations or conditions (specify) D. Number of years allowed: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5 ('see below) ❑ Year 6 ❑ Year 7 ❑ Year 8 ❑ Year 9 ❑ Year 10 E. For a statement of benefits approved after June 30, 2013, did the designating body adopt an abatement schedule per IC 6- 1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of aufborized member of designating body) Telephone number Date signed (month, day, year) Printed name of authorized member of designating body Name of designating body Attested by (signature and title of attester) Printed name of attester ' If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1- 12.1 -17. IC 6-1.1- 12.1 -1(17) "Eligible vacant building" means a building that: (A) is zoned for commercial or industrial purposes; and (B) is unoccupied for at least one (1) year before the owner of the building or a tenant of the owner occupies the building, as evidenced by a valid certificate of occupancy, paid utility receipts, executed lease agreements, or any other evidence of occupation that the department of local government finance requires. IC 6 -1.1- 12.1 -17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayers investment in real and personal property. (2) The number of new full -time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 r VS _�(� 0. (� -Y, 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 1902 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LIPPERT COMPONENTS MANUFACTURING 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 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lot I Project X Minor Sub 03 -04 New Replat TR 5162 -7 -18 -2002 and which has Key Numbers 71- 018- 09041 -00 , be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sM., and South Bend Municipal Code Sections 2 -76 et SeMc ., 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 M., and South Bend Municipal Code Sections 2 -76, et sM., 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 sue., 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 (5) five years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. 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. 6 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. iLCiJFl *.:�'. �J S Member of the Common Council J Sigel T, es ti nt •s �lN dr. s1+ wide an �ry��a� t I{J �.�, �J E31 S, i � p. p� OOPPOr^W,IS I}t binT� ,'c��.S`Ci�C 11V41 f7D and W W cj Kwa on tiis iesuer r 11 Filed in Cr *iea, 4 CITY 227 W. JEFFERSON BouiEvARD SurrE 1400 S. SouTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR March 21, 2014 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Lippert Components Manufacturing Inc. 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 from the above - referenced Petitioner for property they are leasing at 1902 West Sample 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, Lippert Components Manufacturing Inc. has an executed lease for the TJX building.. Lippert Components Manufacturing Inc. will install $1,300,000 of new equipment over the next two years. This project qualifies for a five year personal property abatement under the Indiana State Code. A representative of the Petitioner will be available to meet with the Committee on Monday, April 14, 2014. 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 -9339. 0 Brock Zeeb Director Economic Resources Department of Community Investment Attachments cc: South Bend Common Council Members Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES 11TIN KALN PAMELA C. MEYER CHRIS FIELDING 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 TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574/235 -9371 FAx:574/235 -9021 SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Lippert Components Manufacturing, Inc. DATE: March 21, 2014 On March 21, 2014 , a petition for personal property tax abatement consideration for property located at 1902 West Sample Street was filed with the City Clerk by Mr. Scott McPhall of Lippert Components Manufacturing, Inc. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Drew Industries Incorporated is the real estate holding company. Lippert Components Manufacturing, Inc. will be the lessee. Lippert Components Manufacturing, Inc. (LCI) is a tier -1 supplier serving the manufactured Housing (MH), Recreational Vehicle (RV), and Cargo/Horse Trailer Industries. LCI is an industry leader in a multitude of products including chassis, fabricated steel parts, entry doors, axles, leveling and stabilization equipment, suspension enhancement products, and accessories that enhance the RV lifestyle. As an industry leader and innovator , LCI has grown into a multi- state, multi- facility organization. As part of the company's growth plans, it is in need of racking, forklifts, and computers costing $1.3 million over the next two years. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN xAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS South Bend Common Council RE: Tax Abatement for Lippert Components Manufacturing, Inc. March 21, 2014 Page 2 Total taxes to be abated during the five -year (5) abatement period are estimated at $52,899. Total taxes to be paid during the five -year (5) abatement period are estimated at $58,907. EMPLOYMENTIMPACT Per the petition, it is estimated that the total project will create 200 new, permanent, full -time jobs representing a new annual payroll of $5,200,000 over a two year period. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements: 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. A review of the South Bend Redevelopment designation areas finds that the property is located in the Sample -Ewing Development area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a five year personal property tax abatement. k § K§% „ , www -/ , , ? 77K ,w ƒ //- =m©`, f I }// Ci { , � ! , § ) $x � ns !!2 7 J(& 9 ({ ; 0 \) \c w \ % § k )/ �) \ ad §§ 410 0 ` ® , k § k \/ {ki ;8m m , k/ �k !/ !!!a! . j�! �� �k. ���k ) | ;r! °c k`� !` ®! # ■!! LE ;2! lkkj ! #! �§ c\ m C14 Ci „ , www -/ }`\ ? ,w ƒ //- =m©`, !f/ { , � ! COS § ) $x � 9 ({ 0 \) \c k )/ � §§ |i ) [ ca , LL 0. IL iL CL :3 j/ *7 CO k/ $ /0 i{ k \/ {ki ;8m m , k/ �k !/ !!!a! . j�! �� �k. ���k ) | ;r! °c k`� !` ®! # ■!! LE ;2! lkkj ! #! �§ c\ m C14 Ci www -/ }`\ m //- =m©`, !f/ '� ! !f/ '� $x ({ \) \c §§ |i ) [ /} LL 0. IL iL CL - k/ i{ #t Ek kk )k STATEMENT OF BENEFITS PERSONAL PROPERTY ✓, State Fees 61784 (R 1 1.06) Prescribed by the Department of Local Government Finance FORM SB•1 I PP PRIVACY NOTICE The mat and any sgMfic IndlNduW'e salary Information Is owdidmdial: 0,8 balance d the 02gIs public mcord ICr11.I -02.1fi.1 c and d. INSTRUCTIONS: 1, This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing If the designating body requires Information from the applicant m training Its decision about whether to deslgnals an Economic RevtlelizetronArea. Otherwise this statement must be submitted to the designating body BEFORE a person Installs the new manufacbring equipment and/or research and development equlpmenl, and/or logistical distribution equipment and/or Information technology equipment for which the person wishes to claim a deduction. 'Pm)octs° planned or commftted to e6erJuly 1, 1987, and areas designated after July 1, 1987, require a STATEMENTOF 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 installation of the new manufacturing equipment und/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. Tire 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 iniomrellon technology equipment s Installed and fully functional, unless a filing exlens /on has been obtained. A person who obtains a ftling extension must file Me corm between March 1 and the extended due date of that year. 4. Property owners whose Slatannent 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 IC 6 -1. fa2.1- 4.5(dJ and (a) apply to equipment Installed after March 1, 2001. For equipment Installed prior to March 2, 2001, the schedules and statutes in effect of the time shell continue to apply. (IC 6 -f.1. 12.14.5(1) and (g)) SECTION 1 TAXPAYER INFORMATION Name of taxpayer Lippert Components Manufacturing, Inc. Address of taxpayer Pwmborard aberd, city state, end' Z/Pcadot 3501 County County Road 6 East, Elkhart, IN 46514 Name M contact person R4epllone number- Scott McPhail, VP Finance (S74)312-6M SECTIO ON D DrSCRIPTION OF •a•• PROJECT Nam. ddoalgnadng body Ros Vw number (a) South Bend Common Council Location of property Cam DLGF teeing district number 1902 West Sample Street, South Bend, Indiana 46619 St. Joseph Description of manufacturing equipment and /or research and development equipment ESTIMATED and/or Icglslical distribution equipment arrdlm Information technology equipment, START DATE COMPLETION DATE (use addfllonal steels if necessaty) Manufacturing Equipment Racking, forklifts and computers. R 8 D Equipment Logist Dist Equipment 04/01/2014 12/31/2018 IT Equipment 04101/2014 12131/2018 SECTION OF • AND SALARIES AS RESULT OF •••• • PROJECT Cunent number edemas Number retained Selmiea Number addltiorrel Salaries 0. _ ...._..._..._._0.00_.___.. 0 0.00 260 12.50 SECTION 4 ESTIMATED TOTAL COSTAND VALUE OF PROPOSED PROJECT NOTE: Pursuant to IC 6.1.1- 12.1 -5.1 (d) (2) the MANUFACTURING R 8 D EQUIPMENT LOGIS7 DIST R EQUIPMENT E IPMENT E UIPMENT COST of the property is confidential. COST At E6 COST D COST N` EED COST � SS ED 0 values am 0.00 0.00 o.00 o.m am om cm Plus estlmated values of proposed p v)ed zaao,aoom 7awm0.ao anmaao so,000.ao Less values of any Property being replaced _ Net estimated values upon completion of project a.ao om to o.00 zxw.a0o.00 zaso.aoom soo0o.ao s0aoo.00 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED DYTHE TAXPAYER Estimated solid waste convened (pounds) Estimated hazardous waste convened (pounds) N otherbene6ls: The company$ potential use of this facility will reeull In the company occupying a bulling which has been vacant for more than 8 months. In addition to the direct company investment at this facility, the company wia sub -lease some of the space at ure facility and the tenant will also create jobs and make copilot investments. SECTION 0 TAXPAYER CERTIFICATION I hereby certify that the representabons In this statement are We. Signal a out e r nlativ ^ Title- oatie a t nth, boy, year) i We have reviewed our prior actions relating to the designation of this soonomlc revitalization area and find that the applicant meets the general standards adapted in the resolution previously approved by this body, Said resolution, passed under IC 61.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6.1.1- 12.1 -2. A . The designated area has been limited to a period or time not to exceed calendar years • (see below). The date this designation expires B. The type of deduction that Is allowed in the designated area Is limited to: ❑ 1. Installation of new manufacturing equipment; ❑Yes N o 2. Installation of new research and development equipment; []Yes ❑ N o 3. Installation of new logistical distribution equipment. Oyes ❑ N o 4. Installation of new information technology equipment; ❑Yes [3 N o C. The amount of deduction applicable to new manufacturing equipment Is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment Is limited to $ _ cost with an assessed value of $ ` E . The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of F. The amount of deduction applicable to new Information technology equipment Is limited to $ cost with an assessed value of G Other limitations or conditions H. The deduction for new manufacturing equipment and /or new research and development equipment and /or new logistical distribution equipment and /or new Information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for: ❑ 1 year ❑ 6 years •• For ERA's established prior to July 1, 2000, 20y a ❑2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑3 years ❑3 years 04 years ❑ 9 years ❑ 5 years •` ❑ 10 years " Also we have reviewed the information comamed In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality or benefits is sufficient to Jusi ly the deduction described above. Telephone M Deb dgned (month. • 0 the designating botly limits the time period during which an area Is an economic revitalization area, a does not limit the length of time a taxpayer Is englied to receive a deduction to a number of years designated under IC 6-1.1- 12.11.5 City of South Bend Petition for Incentives .iGenera.100-firlation Project Name. to ... a..egistered with Secretary of State tlPpeR CVnPOnmb ManWattudn8.lnc Business sfNrtnre EupaaHm fpmpeny wab9ta, Amps/ /w Adl.cam/ MMIND MINE MMMMMW proposedpr0]ectaddress parent company name 1902werturnpksueet Drew meostenmmrporaced Cty,State, Vp Scudh Band,lndlama5619 [[gal owner Site acreage or acreage required Istherealescateownedor >o99.rne leased 4a.d Square het of facility Ifleasedbywhom 539,131[ 0 uaefeet u ppert COmpo«nb Mandettudng lnc prima ry company contact name SWU Molull Title yp Timer« Address of company contact 35p]CounNAOat SEan phone 0`741 1= 15 aN.State, Zip EBEVrt.IN addle Fnall abd•haOSddlMram Company sent" official name 1psaph S. Giordano III rda ETidrinandel OBBerIsTreasurer Address of company contact Of diferen them phone aInure) (5741 53 11]S CIN,State, Zip Email l « @OrevdMUStM.com Hired business consulf.mt/agent name fon[uham release approval salt s. TiSM1V re[ Address laal aoromkdav ,-eat 31pBNitMmdrv[n posse paRrwsreluse appr0ual Y° CIN.State, Zip M.M,NC=73 hem,@,hoo. Brief description of your NQWM [Ipperteanpme.L company. pro'ecs, and wh the / Y 4anBbtlurtgeaderIn')ulthude of produce Tnaer ledustdev lDb leadv NamandtudadDmduES Including dare aefe,(ey) IM MIANfl the chassis, bbdvted an areaydadJ..ator NaNion for enlnduerry kuhsta. .he anutlon um, aMaeceasvlesMeenM1ancethe6VlMestyk .Nan lnduttry leader and inrovat «MpsoduNmand In ecoperNhnecesssry economic growth Wasoent.nW half Inde..ft al[ab<ne•,lD has pownlMOa muhLrbu, mullfiadeyoainbitim. Are part Of me[ompanys powlh pia.. N b M read d DetranaedwaMmmlry and dbealleudm space fa MNr fidsh d Pned. TTis W ate «edr N M pro nna a to Be produNOn facilities but mho secede alflrkrn and etfertAe many for nadN, tra[tlre and desnibudnp rwsM1 p«da to Me roreparys aROmev. This alNaared r eMnln, and d4tn6udm Wine veal reduce the reel fie space at uN compan /s pmdue ed fxllitles, space that con ba more of clenuy used b enhance the mmpanv: produRlon capabilities. The cantrulard warthouae and OnAbutbn Wine win make the mmyemenl dtlr vmpmya Mlfhed [Dods Inrmtpy cocoa e..tY tn<aabk and more ef6tlenE rewlung In the company bakg more pmflbEle Are the tompanya oucra0 bW«u [ontlnuo to trove, dN aanpanY wN mull« b add PoslMass W Mb opvatlen. In addltlm to Me dkett c«npmY hbs Mrt this warMODU and dkldb Wlm openuon wit ante, tlN em�pany afB subkau Wm! dMe War[ a the fxlllry uTkA MI rewh In W nerlobs beirlt rnatd by tlKmnpany'r imantand $aWNW deapltal bnesinNnb 1MS wbksu WI be tIN uluM'a fMl presaw N iM1e City d South Bend all U.e stab d Intllau Thou Ius «wloba ace IndudM M the poshbn acM1Muk m W[e ] d Mis appbvum. Sint/ the empam'e pventlalusa dNb waefwsa M Haub N th<company ottupyirlt • bundlme vaM1iM M1u Gam vaaM Ire more Mm 6 manor, Nr company rt[paadulry requwrevMnt tM1e abandoned real propeery W abatament whlN w«Mabik aB real pmDertytun dudntthe eompany'e Brat ] yran doperadm a the bcaum. C<dified Tedenology, part appmpdnall Np Community NevhaBV tbn EnhareQment Diseases? Np Cirtlfy shat the gulling permit has not been Issued (Yes/ko) Ys da butdirN pIa^et M M been Issued. If this k a petition for personal property fee abafamens, has the equipment been Installed? Be, Public lnfrastrueureneeds(Off- Has any SW funding been What is the value of any equipment bring purchased In What is the value of any equipment being site of project) received? Indiana for the project? purchased from out of state for the project? $ 200,000 No 750,000 0 Calendar Year lobs retained Total hourly Cumulative 0 of net NEW full time Houdyaveraeewage,w /o wage w/o permanent jobs created at project benefits or, bonuses, of eapenGture- trained- not hinge er cumulative net new 1 obs ITobiltralitinglToUlflobe not cumulative bonuses cumu4the Now 2014 180 12.50 1 100.000 100 2019 200 12.50 20.000 20 2018 220 12.50 20,000 20 2MT 240 12.50 2610 260 12.50 12.50 2019 280 2020 300 12.50 2021 320 12.50 2022 340 12.50 2029 360 12.50 2024 380 12.50 provide hourty wage information for new employees In the wilowlrig positions. Full time Part rime lailiore1E $12.50 $ Technical! $ $ Managerial $ $ Administrative $ $ Who will be the Individual resPOnsihle forcoordinatlnii with Scott McPhail WorkOne on recuMing7 pees your company have an EEO hiring poticyl Yes Am you an EM employer? Yes Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If you qualify for the points, please enter the full amount of available points. Qualify '(Yes or No) Earned Points Available Points 1 Construction Related IContrectomh A. Employ Local Companies (75%) Yes 20 20 B. Purchase Materials from Local Companies (75 %) Yes 20 20 C. Require Employees vs. Independent Contractors Yes 19 19 D. Require Prevailing Wage (Davis Rican) Yes 22 22 E. Require Health Benefits Yes 22 22 F. Require Pension Benefits No 18 G. Maintain Affirmative Action Plan Yes 20 20 subtotal Construction Related: 123 141 2 Wage & Benefit Related IOwnerl: A. Pay Target Wage levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 15 F. Provide Transportation Assistance No 14 G. lProvide Employer Assisted Housingprogram No 9 Sub -total Wage & Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference Yes 34 34 Sub -total Workforce Related: 152 152 4 SupRirt a Municipal Facility: A. Support a Municipal Facility (donations to the coo, rDnServdLIXy, mUSeUm, eIG) g4 Name of Facility Sub -total Municipal Facility: 1 84 Subtotal from Above: 399 539 The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of the City of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6- 1.1- 12.1 -1, et seq., and South Bend Municipal Code Sec 2 -76 et sea.. for this petition state the above. �� ,�= lialhim 2/28114 What Is aarentfssessed value? For Staff Use Only Below 1.1propert, peeaand heperlb.. What is t projectedassessed value? Rnlproperty: pxsonalproprtl. UL7 What tithe W Ivry numberfor 01; prolett? What is the six digit %116 code? Please anadl a Google map and street New of the location. Please IM the amoun real an persona property taxes Paid for the last five you. whena Iloble. Real Property Taxes: - Personal Property Taxes: Year one Year Two Year Three Year four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Qualify LE Earned Points Available Points Public Benefit Item: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Lonl University Research 35 C. Achieve a Physical Element of a Plan 36 Sub -total Project Related: Q 120 6 Super Sin Prolectx loolnl values are cumulativel: A. 100% to 199% 25 R. 200% to 299% 6R C. 300% to 399% 65 D. 400% and Over 52 Sub -total Super Siae Projects: Q 210 7 Pay for Municipal Infrastructure: A. Payfor Oversixing or Upgrading 14 B. Pay for 26 -50% of Extension Cost 26 C. Pay for 51 -75% of Extension Cost 99 D. Pay for 76 -100% of Extension Cost 92 Sub -total Infrastructure Related; Q 131 Total from Applicant Section; 399 539 Total from Staff Section: U 461 Total Public Benefit Points; 399 1000 Page 1 of 1 w a i-;- - A4c- AV.70AP...On4zc:.... vninnIA 1902 W Sample St, South Bend, IN 46619 Directions, Location and Map I MapQuest Page 1 of 1 1; mapquest Map of: 1902 W Sample St South Bend, IN 46619 -3622 1 PM !III 5 Omspquam 2 m 02014 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Tom of Use. We make no guarantee of the accuracy of their content, road conditions or route usability. You assume all risk of use. View Terms of Use -- ,.,._,.{y1 -nA 1'/A 02..'l AA-- A'/ACA'71 4/'11 n1) 1n RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL / JUNK DEALER / RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2014 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4 -51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on April 9, 2014 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: A -1 Auto Parts - 2014 S. Lafayette Blvd. Alternative Two LLC- 700 W. Chippewa Gertrude Street Metal - 3700 Gertrude St. Indiana Auto Parts - 3300 S. Main St. LKQ Auto Parts- 1602 S. Lafayette Blvd. Omni - Source Corp. - 1305 Prairie Ave. Republic Service of Indiana LP- 2500 Green tech Dr. Schrock Aggregate Inc. - 1702 N. Bendix Dr. Steve & Gene's- 3109 Gertrude St. Treadstone LLC- 445 N. Sheridan St. US Scrap LLC- 2500 Greentech Dr. (Lot 4) US Scrap LLC -1420 S. Walnut St. (ACME) US Scrap/S13 Bailing- 1420 S. Walnut St. US Scrap & Recycling- 1610 Circle Ave. US Scrap & Recycling- 1700 W. Washington St. US Scrap & Recycling- 2014 -2016 W. Washington St. Have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, and Recycling Operations Licenses for the year 2014. WHEREAS, the license applications for all above - referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: A -1 Auto Parts- 2014 S. Lafayette Blvd. Alternative Two LLC- 700 W. Chippewa Gertrude Street Metal- 3700 S. Gertrude St. Indiana Auto Parts- 3300 S. Main St. LKQ Auto Parts- 1602 S. Lafayette Blvd. Omni - Source Corp- 1305 Prairie Ave. Republic Service of Indiana LP- 2500 Greentech Dr. Schrock Aggregate Inc. - 1702 N. Bendix Dr. Steve & Gene's- 3109 Gertrude St. Treadstone LLC- 445 N. Sheridan St. US Scrap LLC- 2500 Greentech Dr. (Lot 4) US Scrap LLC -1420 S. Walnut St. US Scrap /SB Bailing -1420 S. Walnut St (ACME) US Scrap & Recycling- 1610 Circle Ave. US Scrap & Recycling- 1700 W. Washington St. US Scrap & Recycling- 2014/2016 W. Washington St. Are approved in conformity with South Bend Municipal Code Section 4 -51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated April 9, 2014. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Common C ncil PIZESWI w NOT AfPBO'Yi - A[XJPTFD cud acf mon WS "a, 'Filed in Clerk's Office f (.ri -a L014 JOHN V66ROE CITY CLERIC, SOUTH BEN@. ' Office of the City Clerk John Voorde, City Clerk March 21, 2014 Oliver Davis, President South Bend Common Council Dear Mr. Davis Renewal applications for the operation of Scrap Metal /Junk Dealers /Recycling Operations have been received. In accordance with procedure for the renewal of city business licenses, these applications were submitted to the Police Department, Fire Inspection Bureau, and Department of Code Enforcement for inspection. The following properties were inspected A -1 Auto Parts -2014 S. Lafayette Blvd. Alternative Two LLC -700 W. Chippewa Gertrude Street Metal- 3700 S. Gertrude St. Indiana Auto Parts- 3300 S. Main St. LKQ Auto Parts -1602 S. Lafayette Blvd. OmniSource Corp. .1305 Prairie Ave. Republic Service of Indiana LP- 2500 Greentech Dr. Schrock Aggregate Inc. - 1702 N. Bendix Dr. Steve & Gene's- 3109 Gertrude St. Treadstone LLC -445 N. Sheridan St. US Scrap LLC -2500 Greentech Dr. (Lot 4) US Scrap /58 Balling- 14205. Walnut St. US Scrap & Recycling- 1610 Circle Ave. US Scrap & Recycling- 1700 W. Washington St. US Scrap & Recycling- 2014 -2016 W. Washington St. In addition, have received favorable recommendations regarding Police, Fire, Code enforcements' Environmental compliance; also for proper maintenance of the premises and areas outside the fences and the height and condition of the fencing, I will be present at both the committee meeting and the public hearing; I can be reached 574- 235 -9222 or Howler CDlsouthbendin gov if there are any questions or concerns before that time. Sincerely, -% ��sowk. Chief Deputy City Cie* 227 W. Jefferson Blvd R. 455 County -City Bldg. South Send. IN 46601 Office 574-2358221 Voice: 574- 235 -9523 Fax: 574- 235.9173 kfowler(@southbendin.4ov 455 County-City Building • South Bend, Indiana 46601 • (574)235 -9221 • Fax (574)235 -9173 • TDD (574)235 -5567 Kareemah Fowler Janice Talboom Emily Sexton Chief Deputy Deputy Ordinance Violation Clerk So�H �41V P BENS Ordinance No. R.f1y, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING NEW SECTION 9 -30 ENTITLED LIMITED FEE EXEMPTIONS FOR EMERGENCIES INVOLVING LOCAL UNITS OF GOVERNMENT GOVERNED BY MUTUAL AID AGREEMENT. STATEMENT OF PURPOSE AND INTENT On December 9, 2013, the South Bend Common Council passed Bill No. 68 -13 addressing specialized services performed by the South Bend Fire Department. That Bill became Ordinance No. 10275 -13, after being approved by the Mayor and has been codified into the South Bend Municipal Code. That ordinance was the first update to the regulations governing hazardous materials and tactical teams since 1998. The ordinance noted that these specialized teams provide unique life- saving public services by the qualified and dedicated individuals serving on those teams. It further noted that fee adjustments were necessary in order to sustain and provide these critical services for the betterment and safety of the City of South Bend and Homeland Security District # 2. The Indiana General Assembly created a statewide mutual aid program which automatically makes each Indiana unit of government a party to a Statewide Mutual Aid Agreement. There are seven (7) counties in District 2 which include St. Joseph, Elkhart, Starke, Marshall, Kosciusko, Pulaski and Fulton, as depicted on the attached map. District 2 Mutual Aid Inter -Local Government Agreement is aimed to expand the resources available to each participating jurisdiction, to coordinate planning, to ensure timely arrival of aid, to minimize operational and administrative conflicts and to facilitate prompt recover of costs. This ordinance sets forth limited exemptions for emergencies involving any local unit of government who is governed by the District 2 Mutual Aid Inter -Local Government Agreement. i G1i ! Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended by the addition of new Section 9 -30 which shall read in its entirety as follows: South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 2 Sec. 9 -30 Limited Fee Exemptions for Emergencies Involving. Local Units of Government Governed by Mutual Aid Agreement. Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended to read in its entirety as follows: (a) Definitions: As used in this Article, the following definitions apply: (1) Emergency shall mean any occurrence, or threat thereof, whether natural or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment and is beyond the capacity of an individual jurisdiction to effectively control. (2) Mutual Aid shall mean a prearranged written agreement and plan whereby assistance is requested and provided between two or more jurisdictions during a designated emergency under terms of the District 2 Mutual Aid Inter -Local Government Agreement. (b) The user fees for the South Bend Fire Department's Hazardous Materials Team set forth in Section 9 -26 and the user fees for the South Bend Fire Department's Tactical Rescue Team (TRT) set forth in Section 9 -27 of this Article shall not be charged for mutual aid services provided by such teams to a local unit of government who is governed by the District 2 Mutual Aid Inter -Local Government Agreement during an emergency. Sec. 9 -31 Through Sec. 9 -33 Reserved for Future Use. Section 11. If any section, subsection, sentence clause or phrase of this Article 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 III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication. J, Council Member Derek D. Dieter Health & Public Safety Committee Chairperson Council Member at Large of the Common Council South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 3 John Voorde, City Clerk J 6% Ws&,Vby me to Mark Neal the Deputy Mayor of the City of South Bend, Indiana, on the day of t. r , m. 2014, at o'clock . M. Janice Talboom, Deputy Clerk Mark Neal Mayor City of South Bend, Indiana , 2014 at o'clock h tst R£ADNIG PASSE1 ' i i F Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 April 4, 2014 The South Bend Common Council 4'h Floor County -City Building South Bend, Indiana 44601 (574) 235 -9321 Fm (574) 235 -9173 http: //w .southbendin.gm Tim Scott Re: Ordinance Creating Limited Fee Exemptions for Emergencies Involving First District Local Units of Government Governed by Mutual Aid Agreement. Henry Davis, Jr. Dear Council Members: Second District I am introducing for your consideration and approval the attached proposed Valerie Schey ordinance. The council Attorney and I have had the pleasure of working closely Third District Assistant Chief Jim Lopez in developing this ordinance. Fred Ferlic The proposed ordinance would provide limited fee exemption for services Fourth District provided by the South Bend Fire Department's Hazardous Materials Team and the Tactical Rescue Team for governmental units who are signatory to the District David Varner 2 Mutual Aid Inter -Local government Agreement. Fifth District 1 request that the Bill be referred to the Health and Public Safety Committee and Oliver J. Davis Sixth District set for public hearing at the April 28, 2014 Common Council meeting. Thank you. Derek D. Dieter At Large Most sinZ11Y�Z1, �� � Gavin Ferlic At Large Derek D Health and Public Safety Committee Karen L. White At Large Attachments cc: Fire Chief Steve Cox Assistant Fire Chief Jim Lopez Rick Tripp, St. Joseph County Emergency Management Agency Director iuna: moiana emergency Management Agencies & llJHS llistricts Map Page 2 of 2 http: / /www.in.gov /dhs /2797.htm ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20" STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Expansion of the parking area for the adjacent Multi - Family parcel to the south, the current zoning of SF -2 will be changed to reflect MF -1 consistent with the south and adjacent parcel. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot numbered 24 as shown on the plat of Hammond and Whitcomb's 2nd addition, Recorded as plat record 10, page 167 in the Office of the Recorder of St. Joseph County, Indiana, now within and a part of the City of South Bend, St. Joseph, County, Indiana be and the same is hereby established as MF1 Urban Corridor Multifamily District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Co cif S' Ining df o is t9l is ors �y to VMYWO 8n op rtun ty ram ing and Council action an U,is Issue. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. City Clerk Approved and signed by me on the day of at o'clock . M. Mayor, City of South Bend, Indiana 1st READ;NG l —ly—Iv PUBUC HEMNG 3 rd READ,NG NOT APPROVED REFERRED PASSED 2 , Filed in Cte —A"s Office JOHN VOOADE I CITY CLERK, SOUTH BEND, IN 4 PETITION FOR A COMBINED PUBLIC HEARING City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1022 20 Street 2) The property Tax Key Number(s) is /are: 018 -6022 -0599 3) Name and address of property owner(s) of the petition site: Bach Investments 911 !Alain Street Indianapolis, IN 46220 317.584.8442 kbach a, t)meccaconupanies•.coin Name and address of additional property owners, if applicable: N/A 4) Name and address of contingent purchaser(s), if applicable: N/A Name and address of additional property owners, if applicable: N/A 5) it is desired and requested that this property be rezoned: From: SF7. Single Family Two Family District Additional zoning district, ifapplicable To: MFI Urban Corridor Multifamily District 6) This rezoning is requested to allow the following use(s): Expansion o(parkingarea to sere adjacent A177-1 parcel to the .South. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: Expansion of packing area and green space to serve the tenants oj'The Annex at IUSB. Relia;f is sought for the.follosring 1. front yard selback.from 25'to pavement 2. side.vard setback from 25'to 18.9' 3. rear yard setback from 25'to 22.61 4, perimeter landscaping on all 4 sides to 6' fence on W. N and E 5. parking screening in the front vend (16) to none (or provide this) 6 maneuvering aisle 24'to 18' (or change angle of'parking.space to 60 degrees) 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: Relief ifgramed, for the parking Ico oul and landscaping will benefil the neighborhood by providing additional off-street parking for the tenants of The Annex at IUSB. Specifically. the landscape variance will ensure sgftey for the Tenants as lhye enter and exit their vehicles. The ordinance as strictly enforced tivould permit larger plantings where obstructions wo:dd be preset and reduce dear line -of sight for the residents. (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: The properly directly adjacent and to the East ream of the subject parcel is currend), used as parking and landscaping is legal non- conforming. Relief'ifgranted will provide a visual balance for the parcel and adjacent uses. The existing property is .served hy a pre - existing fence line along the North - ElW property line. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application of the terms oj'this ordinance as it applies to the subject lot will detract from the quali(v of lite of'the tenants anti adjacent property owners. The IUSB area will heneft from this petition as additional of f- street parking will be provided to the tenants of The Annex ai IU0 thus, an overall reduction gfbehicles utilizing parking on the public street. The petition includes a reduction and request for relief from the landscape ordinance. The property is unique and will require a landscaping schedule that takes into account the toprographical grade chmtge from the ac jacent street. The landscaping schedule as proposed will serve to protect the tenants (?f the The Annex at ISUB Via cleat' line -af sight The pre - existingfence line along the EX property fine to the North will be maintained in a workmanlike manner and continue to serve as a buffer to the adjacent North 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: Insert text 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Insert next (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert text (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Insert test (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Doug Merritt 115S. Main .Street, .Suite 203 Mishawaka. IN 46544 574 -25' -2954 dm @Irrofessionalpermits.can Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): Filed in Clerk's Oftk�,- JOHN VOOR'DE CITY CLERK, 3OUTH REND, IN � PRELIMINARY SITE PLAN REQUIREMENTS A. Tabulated (listed) Data (Note: data are for illustrative purposes only) 1. LAND COVERAGE AREA % OF TOTAL AREA Total: 1.75 acres 76,230 sf 100% a. buildings (ground floor only) 20,000 sf 26% b. parking & loading, and drives 33,361 sf 44% c. open space (yards, landscaping, etc) 22,869 sf 30% 2. Proposed land uses & floor area (e.g. bank, retail shopping center, office, pizza parlor, apartments) USE FLOOR AREA % OF TOTAL FLOOR AREA BUILDING HEIGHT a. Office 5,000 sf 25% 1 story; 35' b. Retail 5,000 sf 25% 1.5 story; 40' c. Restaurant 10,000S 50% 1 story; 32' Sub -Total 20,000 sf 100% d. Residential HEIGHT # OF UNITS BEDROOMS /UNIT TOTAL BEDROOMS building 1 3 -story / 40' 10 2 20 building 2 5 2 10 building 3 5 1 5 building 4 2 -story / 30' 8 3 24 Sub -Total 28 e. Estimated population; Project Density 59 3. Parking ratios per use as required by ordinance, and number of spaces to be provided. B. Current and Proposed: Sanitary Sewer or Septic; Storm Sewer; Public or Private Water Facilities. C. Name, address and phone number of engineer, surveyor, owner /developer, and landscape architect. D. Mapped Information (drawn to scale) 1. North arrow, written and graphic scale, date. 2. Boundaries of property with dimensions. 3. Location of buildings, uses and easements. 4. Location and composition of open spaces, landscape planting areas and buffer strips. 5. Location of parking and loading areas, entry and exit drives. 6. Abutting public and private streets. 7. Building and parking setbacks. 8. Location, height, size and type of sign(s). 9. Topography and other natural features. 10. Sanitary, storm sewer, and public water connections; or, private well and septic system locations. NOTE: additional information may be required during the review process so that the Comm ssion can make an informed decision. "'iced In C1erk'r Gffk6 _ '-, , 71'r ­1 CITY CLERK, .SOUTH RF..ND. l!%, AIM - - — — - — ----------- — ------- - ------ X. - ------ '11ed in Clerk's fqvc,. pI yffed L7MCII Clerk's .......... ... CfTY cLrRK,.sc L , 9 SC: LTA 9 W% IN T - - - --------- 'in (D 'X'111�15 ;Ili S •�jjr P. > z 0. ,)- Lg_J Y ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM CB COMMUNITY BUSINESS DISTRICT TO GB GENERAL BUSINESS DISTRICT AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO OPERATE A MINI- WAREHOUSING FACILITYLITY WITH OUTSIDE STORAGE WITHIN THE GB GENERAL 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 SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 4 OF THE PLAT OF "MC KINLEY- HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT # 4; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 4; THENCE N. 89 °2822" W. ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 155.61 FEET,-THENCE N 00002'06"E. A DISTANCE OF 130.00 FEET- THENCE S.89 02822" E. A DISTANCE OF 145.61 FEET TO THE WEST LINE OF HICKORY ROAD; THENCE ALONG SAID WEST LINE FOR THE NEXT THREE (3) COURSES, S. 00 002'06" W. A DISTANCE OF 42.03 FEET AND S. 89 05754 "E A DISTANCE OF 10.00 FEET AND S. 00 002'06" W A DISTANCE OF 113.58 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as GB General Business District. SECTION II. That a Special Exception for. the Mini - Warehousing facility with outside storage in a GB General 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. SECTION IEI. 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 Counc' Sbntng of this W is ontY to prrs HO 2n oppotrJn i' fo, p,,ht r, hearing and Attest: Council aWon On thdS issue. 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/Deputy Mayor of the City of South Bend, Indiana 1:, READING 1 -1 l —( L PUBLIC HEARWG 3rd READING NOT APPROVED REFERRED PASSW Filed in Oi4rk'"S Office JOHM YP:.lciR.,3F. CITY CLERK, SOUTH 5EW1, if Property Owners Within 300 Feet Elks Lodge #235 TOP Spin LLC Earth Designs Real estate LLC 3535 E. McKinley Ave 776 Mountain Blvd # 202 PO Box 148 Mishawaka, IN. 46545 Watchung, NJ. 07069 South Bend, IN. 46624 Tax Key # 018 5201 7741 Tax Key # 018 5201 773602 Tax Key # 018 5201 773601 Henry Walter Holdings LLC "' Earth Designs Real Estate LLC McKinley Town and Country LP 600 East 84 Ave PO Box 148 2400 Miracle Lane Merrillville, IN. 46410 South Bend, IN. 46624 Mishawaka, IN. 46545 Tax Key # 018 52017736 Tax Key # 018 5201 773603 Tax Key # 016 2058 193902 James & Martha Lewallen Asmir Muminovic Khadum AI- Khazaly 3616 Sorin St 3610 Sorin St 3604 Sorin Si South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5184 6940 Tax Key # 018 5184 6939 Fax Key # 018 5184 6938 Joseph Muszer Armand Murat Elks Lodge 9235 352.2 Sorin St 1121.9 Anderson Rd 3535 E McKinley Ave South Bend, IN. 4661.5 Granger, IN. 46530 South Bend, IN. 46615 Tax Key # 018 5184 6937 Tax Key # 018 5201 7739 Tax Key # 018 5201 7741 Elks Lodge #235 Peggy Faster / Beatrice Foster Cheryl Hendricks 3535 E McKinley Ave 3425 Sorin St 704 Patterson South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5201 7742 Tax Key # 018 5184 6970 Tax Key # 018 5184 7011 Armand Jr. & Dorothy Murat Willie 1 Hall Remzo & Sevala Pucar 11219 Anderson Rd 625 N Hickory Rd 3622 Sorin St Granger, IN. 46530 South Bend, IN. 4661.5 South Bend, IN. 46615 Tax Key # 018 5201 773901 Tax Key # 018 5184 6942 Tax Key # 018 5184 6941 Jonathan Niemiec Debra Landis Thi Tan Nen & Ta Ky Chau 3607 Sorin St 3525 E Sorin St 3513 Sorin St South Bend, IN. 4661.5 South Bend, IN. 46615 SOut Bend, IN, 46615 Tax Key # 018 5184 6946 Tax Key # 018 5184 6945 Tax Key # 018 5184 6943 Alan & Sandra Fisher Betty Hertel 706 Whithall Dr 3422 Sarin St Vi Van Pham South Bend, IN. 46615 South Bend, IN. 46615 6528 Armstrong Dr Armstrong Tax Key # 018 5184 6968 Tax Key # 018 5184 6932 South 4 Tax Key # 018 5184 6931 Adnan Basic Terry & Gary Hogman City City of South Bend 3410 Sorin St Sherry Wise South Bend, IN. 46615 19063 C Prentice Cir County City Bldg Tax Key # 018 5184 6930 Aurora, CO. 80015 South Bend, IN. 46601 Tax Key # 018 5184 6926 Tax Kav A M R 5184 6979 Rachel Dendiu Michael Poettgen Brian Cedergren 1017 Beloit Ave 3510 E Sorin St 3504 Sorin St Forest Park, IL. 60130 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5184 6936 Tax Key # 018 5184 6935 Tax Key # 018 5184 6934 Annabelle Buckley John & Louise Muszer Alonzo & Rosita Wynns 3428 Sorin St 3519 Sorin St 1634 E Harwood St South Bend, IN. 46615 South Bend, IN. 4661.5 Orlando, FL. 32803 Tax Key # 018 5184 6933 Tax Key # 018 5184 6944 Tax Key # 018 5184 6948 TTuyen Vu Kenneth Thomas Gary Browning 711 N Hickory Rd 3613 Sorin St 711 Whitehall Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5184 6949 Tax Key # 018 5184 6947 Tax Key # 018 5184 6971 Curtis Brandon Pin Oak Apartments LP Lloyd Robinson Jr 3413 Sorin st 1051 Perimeter Dr. Ste.550 714 Whitehall Dr South Bend, IN. 46615 Schaumburg, IL. 60173 South Bend, IN. 46615 Tax Key # 018 5184 6969 Tax Key # 016 2058 1939 Tax Key # 018 5184 6967 r'iied in Clerk's v L- APR a r:, ,) JohtkJ M4Csgpg CITY c«rlc, uId�I a Na, Ira 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: 605 North Hickory Road, South Bend, Indiana 46615 2) The property Tax Key Number(s) is /are: Key k 1: 18 -5201 -7736 3) Name and address of property owner(s) of the petition site: Henry Walters Holdings LLC 600 East 84'^ Avenue Merriville, Indiana 46410 574- 234 -7870 E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: TEJProperties Attn: Tom Johnson 4014 Gunn Highway Tampa, FL 33618 813 - 340 -1307 E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: CB Community Business District To: GB General Business District 6) This rezoning is requested to allow the following use(s): Mini - Warehousing facility with outside storage. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners, Henry Walters Holdings LLC have been the owners of the real estate at 605 North Hickory Road for the past few years as shown in the records of the Auditor's office. They have been approached by TEJ Properties who would desires to purchase the property and operate a Mini - Warehousing facility with outside storage at the site. The contingent purchasers would renovate the existing buildings to turn the structures into a climate controlled warehousing facility with outside storage. They would also be performing additional maintenance on the exterior of the existing structure. Also shown on the site plan are possible future buildings that may be added as demand for their facility increases. Based on discussions with the Building Department and Area Plan Commission staffs, in order to be allowed to operate the proposed Mini - warehousing facility with outside storage as shown, the property would be required to be Rezoned, a Special Use would be required to be approved for the use under the GB General Business zoning classification. A few Variances would be needed to be approved as well, to bring the existing improvements on the property into compliance with the developmental standards under the GB General Business zoning standards. The existing buildings have been vacant for quite some time and were previously used as a retail outlet and a grocery store. The operation of the Mini - Warehousing facility with outside storage 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 a few Variances be approved as well for screening type, perimeter landscaping and foundation landscaping. Shown below are the Variances being requested for the property: 1). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet along all perimeter property boundaries to providing no additional trees along the East, North and West property lines and being allowed to use existing trees along the South property line as shown. The petitioners are asking for approval of this Variance as the property is located in an older developed commercial corridor site. There are existing paved areas along the East portion of the site with access drives adjacent to a vacant commercial site and the Dollar General store. The site has limited frontage along Hickory Road with other than access points to said street. Along the North property line, there is intended to be a evergreen screen as shown to buffer the view of the site from the existing single - family homes along Sorin Street in the McKinley Terrace subdivision. Along the west property line is a parking lot and very limited area along the west side of the existing building. Along the South property line the petition site backs up to other commercial sites. The owners plan to leave the existing tree line along this portion of the site. The Petitioners and contingent purchasers do not believe approval of this Variance would have a negative impact on any surrounding property. 2). A Variance from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the North and East facades of the existing building to no landscaping as shown. The Petitioners would state that the when the structure was built back in the 1970's, there was no requirement to provide a foundation landscape area for the front facades of a building. The shown structure has an existing sidewalk along the North facade of the building with a large portion containing an overhanging canopy area. The building is oriented to the North and does not face directly towards Hickory Road. Along the East facade of the building there is an existing paved driveway that allows for truck access to the rear of the building from Hickory Road and has no room to add a landscape area. The building is proposed to be used for a Mini - Warehousing facility and the Petitioners believe that foundation landscaping for such a use was most likely not envisioned by the authors of the City's landscape requirements for a retrofit project. The Petitioners do not believe approval of this Variance would have an adverse impact on any surrounding property. 3). A Variance from the requirement of providing Type "C" Residential Bufferyard screening along the North line to providing a Type "B" Residential Bufferyard along said North line as shown. The Petitioners would state that the existing property never had screening along the North line of the property for almost the past 40 years. There is an existing area of mature trees and scrub vegetation that provides some buffering of the site from the existing single - family homes. The Petitioners would like to keep the existing trees and vegetation and supplement it with a row of evergreen trees placed to the South of said existing trees and vegetation. The minimum height of the evergreen trees to be planted would be 6 ft. and have a maximum spacing of 15 feet on- center. This would allow the evergreens to grow naturally and fill in the spacing between trees without crowding the plants and having the possibility of the evergreens to lose their buffering potential. The Petitioners believe approval of this Variance would be in keeping with the intent of the City's Ordinances and will create an evergreen buffer that presently does not exist. They do not believe approval of this variance would have an adverse impact on the adjacent properties. 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 a major commercial corridor that includes several varying types commercial uses located both in the City of South Bend as well as in the City of Mishawaka located just to the east of the Petition site. This area has been a commercial node for both City's for the past several decades. The Petitioners desire to renovate the existing structures, have the option to add new structures and have outside storage for their clients. The outside storage would not be the primary use of the site. The existing building will be renovated both inside and on the exterior to allow a climate controlled environment. The requested number of Variances, reflects a situation that exists for renovation projects that are located in older neighborhoods. The building has existed for the past several decades and has been vacant for the past several years. The site pre -dates revised zoning ordinance developmental standards. The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. As envisioned the proposed improvements will renovate the exterior of the existing structure, allow a re -use of a vacant building and add 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 than has existed before. 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 very restricted and create a situation where owners could do little to add value to their property. 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 -03.07 (2)(B) of the City of South Bend Zoning Ordinance to allow for a Mini - Warehousing facility with outside storage on property zoned GB General Business District. 1 1) A statement on how each of the following standards for the granting of a Special Exception is met: The Petitioners would state that the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed Mini - Warehousing facility with outside storage should be an added convenience for patrons using the facility from the surrounding portion of South Bend and Mishawaka. The proposed use will allow for the renovation of an existing large commercial building that has been vacant for several years and with the proposed building improvements and additional site landscaping/screening should not have a negative impact on any of the surrounding properties or the community at large. The Petitioners would state that the proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed Mini - Warehousing facility with outside Storage is centrally located to several types of residential uses both in the City of South Bend and Mishawaka. With the proposed screening and landscaping, values on adjacent properties should not be adversely affected. The Petitioners would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. Along this portion of Hickory Road in a major commercial node for two Cities, the proposed use is in keeping in character with of the district and the surrounding neighborhood. This proposed use will blend with the mixture of commercial uses in the Hickory Road and McKinley Avenue corridors. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The City Comprehensive plan shows that this portion of Hickory Road is appropriate for commercial development. 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): IN Henry Walters Holdings LLC 600 East 84ib Avenue Merriville, Indiana 46410 574 -234 -7870 PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner.com Filed In C ---~ J—?htT _,ljinpD`E CITY L I'll" i3( vyk pr-'Va' It1 "P" Uanch, "arner &V Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects . Land Planners Office: (574)2344003 / (800)594 -4003 Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of April 4, 2014 South Bend Common Council 4`^ Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 605 North Hickory Road, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their property located at 605 North Hickory Road, South Bend, Indiana. This requested Rezoning would allow for the approval of a Mini - Warehouse facility with outside storage. The proposed site improvements require rezoning of the property to the GB General Business District classification and approval of a Special Exception for the outside storage portion of the project. Our clients believe the improvements proposed for the property would be a compatible use in the surrounding mixed commercial neighborhood along the Hickory Road and McKinley Avenue corridor. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Michael J. Danch President Danch, Hamer & File No. 140127 "C" Md. g p g3 gg 11 ! II 1 `II UI 'lll 1'Ir {` it {�.' i { {6 EtF4a .d333 i�62 Vt (if( (i i 1 (f �+ Ilj !I I �i! II I i8 6,6ti� { €d �gE €6 {i � I fill IIp ill! !Ili 10i IN !(;iii;; I(fl �i1 6zi� id p• jl f (i ;i p• 1+ il'l it ! S^ at a 8 °is9 tgy{dS s 9, pn ;I;� (u !; III Ri ; ti ° x ` .`2 FFF I. I. 11 I• t P ;i!. !ill tl. �I HIJ III Ill 11 IIIJ ! ti� o p iIIiI HIM I ° �m i t SHHHH H+H+ 4t �I 2'tt y 6 ! _ 5 fgp� S tepp I� I f n I �� S, n —— st .9 d o p! I i dFi � I � J I'�. i � •ee u I loan mro m' n/er P p { .:. aa•'_ F ail• ads a ,ti° d3•- F, _{ FE { Rd ii ' tas a46F F iFY 6i : 34 F6F Fail k i A00 4 r ( A k 03- zc�� ( � BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING VARIOUS CITY DEPARTMENTS TO ACCEPT PAYMENTS BY CERTAIN FINANCIAL INSTRUMENTS INCLUDING BANK CARD AND CREDIT CARD AND TO AUTHORIZE FEES AND ESTABLISH PROCEDURES FOR SUCH USAGE STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, has authority, pursuant to IC 36- 1 -8 -11, to adopt an ordinance approving and regulating the acceptance of payments made by financial instruments authorized by the City's fiscal body. South Bend's fiscal body is the Common Council which finds that the acceptance of payments made by financial instruments is desirable for the efficient performance of City business and that such financial instruments acceptable for payment of City goods, services, and fees shall specifically include but are not limited to bank card and credit card as defined at Ind. Code Section 36- 1- 8- 11(b), and as hereafter amended. The Common Council further finds that if there is a charge to the City for the use of a certain financial instrument, it is desirable that the City collect a sum equal to the amount of the charge from the person or business that uses the financial instrument; and that it is necessary to establish procedures for acceptance of payments made by financial instruments. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Financial Instrument Use Authorized. Various Departments of the City, including but not limited to the City's Water & Sewage Utility Divisions, the Department of Administration & Finance, the License Bureau, the Parks & Recreation Department, the Police and Fire Departments, the Building Department, the Code Enforcement Department, the Department of Public Works, the Department of Community Investment, The Morris Performing Arts Center, the Palais Royale and the City Clerk's Office are each and all authorized to accept all financial instruments expressly included in Ind. Code Section 36- 1 -8 -11, including but not limited to credit cards and bank cards, and other financial instrument accounts such as PayPal, in payment for goods, services, fees, and other costs charged to the public by such City Departments as part of their regular, ordinary business. This shall include Tax Abatement Petition fees charged by the Department of Community Investment. The acceptance of financial instruments in payment for City goods, services, fees and other costs shall be made under and pursuant to the procedures set forth in I.C. 36- 1 -8 -11, as the same may be amended from time to time. SECTION II. Charge Pass - Through Procedure. If there is a charge to the City and/or its Departments for the use of a financial instrument to make such payments, the City or the affected City Department may collect a sum equal to the amount of the charge from the person, business, or other entity using the financial instrument. SECTION III. Procedures Uniformly Applied. City Departments shall apply uniform procedures for all payments of the same type which are made by financial instruments. SECTION IV. Prior Approval of City Controller and Corporation Counsel. A City Department desiring to accept financial instruments in payment for City goods, services, fees and other costs shall notify the City Controller and the City Corporation Counsel of its intent to do so and shall provide a brief summary of its desired payment program to include the type of financial instrument to be accepted by the Department, the type of payments to be accepted from the public using the designated financial instrument(s), the name of the financial institution offering the financial instrument along with the institution's service costs, and the desired date for commencement of the payment program. Permission from the City Controller and Corporation Counsel, or their designees, shall be obtained by the Department before commencing the payment program. 120ON CouNTY- -CITY BuIIDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUI cmc, MAYOR PHONE 574/235 -9216 FAX 574/2354928 DEPARTMENT OF ADMINISTRATION AND FINANCE April 9, 2014 Mr. Oliver Davis President, South Bend Common Council 4`h Floor County City Building South Bend IN 46601 Re: Ordinance to Authorize Public Payment for City Goods & Services by Financial Instruments Including Bank and Credit Card Dear President Davis: Attached is an ordinance authorizing various Departments of the City, including the City Clerk's office, to accept payments from the public by financial instruments including bank and credit card, and accounts such as PayPal for City goods, fees, and services. This ordinance is authorized by Ind. Code Section 36- 1 -8 -11, and is part of Mayor Pete's goal of simplifying and easing delivery of City services to its citizens. I will present this ordinance to the Council at its appropriate Committee meeting and at the public hearing. The City Administration requests the Council's favorable review and final approval of this ordinance. Sincerely, JW H. Murphy City Controller Filed in Clerk's Off¢ic, 201 f JOHN bv(akDE CITY CLERIC, SOUTH BEIND, IN to V t, of, vs(�� 03. II-)-(y ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To change from current LB zoning district to proposed GB zoning district for the purpose of Automobile sales. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of a certain two acre tract situated in the southeast quartet of section 31, township 38 north, range 3 east, which two acres, triangular in form, is taken off of and from the entire width of the east side of the following described 8.50 acre tract, to wit: beginning at a point on the south line of said section, 6.55 chains east of the southwest corner of said southeast quarter; thence running east to the center of the Edwardsburg Road, running through said quarter section; thence northeasterly along the center of said road to the north line of the south half of the south half of said quarter section; thence west to a point directly north of the place of beginning; thence south to the place of beginning. The portion of said two acre tract herein considered, is bounded by a line running as follows, vis: beginning at the point of intersection of the northwesterly line of said Edwardsburg Road with the west line of the two acre tract above described; thence running north 34 degrees 26 feet east, along the northwesterly line of said Edwardsburg Road, a distance of 177 feet; thence north 55 degree 34 feet west, at right angles with said Edwardsburg Road, a distance of 121.4 feet to at point due north of the place of beginning; thence south 214.6 feet to the place beginning. be and the same is hereby established as GB General business District. SECTION Il. 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. Attest: City Clerk 3 al Member of the Common Cou cil Signing of fhis big is only to p~ TMO Gn opporhm';lly fu; *1, Hearing end council action on this issue, Presented by me to the Mayor of the City of South Bend, Indiana on the _day of 2 , at o'clock . M. Approved and signed by me on the at o'clock . M. la READING �`Iy —1 L/ PUBLIC HEARiiNG 3 rd READING NOT APPROVED REFERRED PASSW City Clerk day of Mayor, City of South Bend, Indiana 2 , Filed it iffice I g LuA CITY CLEk:. "-: i n tIEND, IN PETITION FOR A COMBINED PUBLIC HEARING City of South Bend. Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1707,SOUTHBENDA VENUE SOUTHBEND, INDIANA 2) The property Tax Key Number(s) is /are: 24- 1008 -0619 3) Name and address of property owner(s) of the petition site: BUMBACA COSIMO & MARIA 11788 BLUEBELL CIRCLE GRANGER, INDIANA 574 -261 -4965 Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: DAVIDWPfT 18231 ANNETTASCOURT SOUTHBEND„ INDIANA 46637 574 - 339 -1608 Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: LB Local Business District N/A To: GB General Business District 6) This rezoning is requested to allow the following use(s): AUTO SALES 7) If applicable, a detailed description and the purpose of the variance(s) being requested: 1) From the required 30 feet front setback to 0 feet. 2) From the required 30 feet side residential bufferyard setback to 0 feet. 3) From the required Tpe C landscaping to a 6 feet privacy fence. 4) From the required Type A Perimeter landscaping to none along State Road 23. 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: Existing condition continuation. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Oddly shaped lot with residential bt6ffervard makes diJoricull to use, for the sales gfcars with such strict application of terms of this Ordinance. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) Attached, and made a part of this PETITION, is: (a) 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; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: DAVID WITT 18231 ANNETTAS COURT SOUTH BEND, INDIANA 46637 574- 339 -1608 Signature(s) of all property owners , or signature�bf Attorney for all property owner(s): �J. 'titi ailed in Clerics Ceffa,,t �!r(? 7-"114 t JOHN yGrr ; CITYCLFRF s L, t7tfA ypR BEN f `�- — IN f PRELIMINARY SITE PLAN REQUIREMENTS A. Tabulated (listed) Data ( Note. data are for illustrative purposes only) 1. LAND COVERAGE AREA % OF TOTAL AREA Total: 1.75 acres 76,230 sf 100% a. buildings (ground floor only) 20,000 sf 26% b. parking & loading, and drives 33,361 sf 44% c. open space (yards, landscaping, etc) 22,869 sf 30% 2. Proposed land uses & floor area (e.g. bank, retail shopping center, office, pizza parlor, apartments) USE FLOOR AREA % OF TOTAL FLOOR AREA BUILDING HEIGHT a. Office 5,000 sf 25% 1 story; 35' b. Retail 5,000 sf 25% 1.5 story; 40' c. Restaurant 10.000s 50% 1 story; 32' Sub -Total 20,000 sf 100% d. Residential HEIGHT # OF UNITS BEDROOMS/UNIT TOTAL BEDROOMS building 1 3 -story / 40' 10 2 20 building 2 5 2 10 building 3 5 1 5 building 4 2 -story / 30' 8 3 24 Sub -Total 28 e. Estimated population; Project Density 3. Parking ratios per use as required by ordinance, and number of spaces to be provided. B. Current and Proposed: Sanitary Sewer or Septic; Storm Sewer; Public or Private Water Facilities. C. Name, address and phone number of engineer, surveyor, owner /developer, and landscape architect. D. Mapped Information (drawn to scale) 1. North arrow, written and graphic scale, date. 2. Boundaries of property with dimensions. 3. Location of buildings, uses and easements. 4. Location and composition of open spaces, landscape planting areas and buffer strips. 5. Location of parking and loading areas, entry and exit drives. 6. Abutting public and private streets. 7. Building and parking setbacks. 8. Location, height, size and type of sign(s). 9. Topography and other natural features. 10. Sanitary, storm sewer, and public water connections; or, private well and septic system locations. NOTE: additional information may be required during the review process so that the Commission can make an informed decision. Filed in Clerk's Offic r APR V 40, ,1gHM Ytier,s,L:C ' CITY CLERK, SOUTH gENU, IFI $ I 121' -4" I 1 � I � l (h." R, r and VlmtWk k ,I I � �} I o �1y71 1 / ` I �PROPERTY L / �o•,TYP. 214' -7" 177' (^OJ f / N /W \ / E I? lk I / s 1 EXISTING / 51TE PLAN / -ASCALE I "= 20' -0" ru'nwae w.n • os yy��w� aac+ „on wwor ;IC s- adv :oleo 8,*1913 ul pond